Blogs

Monthly Archives: October 2015

Posted: October 31, 2015

Witness in New York Pursuant to Subpoena Immune from Service in Related Action

On October 22, 2015, Justice Jaffe of the New York County Supreme Court issued a decision in Genger v. Genger, 2015 NY Slip Op. 25356, quashing a subpoena served on a witness who was in the jurisdiction pursuant to a subpoena in a related action. In Genger, the witness–a non-party–was testifying at the trial of… Read more »

Posted: October 30, 2015

Transcripts and Videos of Arguments in the Court of Appeals for the Week of October 12, 2015, Now Available

On September 30, 2015, we noted one case of interest from the oral arguments for the week of October 12, 2015: Cal. No. 153: Pegasus Aviation I, Inc. v. Varig Logistica S.A. (argued Tuesday, October 13, 2015) (“Evidence–Loss or destruction of evidence–Relevance of spoliated documents–Whether MP defendants exercised sufficient control over defendant Varig Logistica to… Read more »

Posted: October 30, 2015

Court Blasts Derivative Class Action Settlement

On October 23, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Matter of Allied Healthcare Shareholder Litigation, 2015 NY Slip Op. 51552(U), denying a “joint unopposed motion for the entry of an order directing notice to the proposed class and scheduling a hearing on class certification and settlement.” In… Read more »

Posted: October 28, 2015

Court Analyzes Application of UN Convention on Contracts for International Sale of Goods

On October 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Thyssenkrupp Metallurgical Products GmbH v. Energy Coal, S.p.A., 2015 NY Slip Op. 31922(U), analyzing the application of the UN Convention on Contracts for International Sale of Goods (“CISG”) to CPLR 202, which “measures the timeliness of [a] claim… Read more »

Posted: October 27, 2015

Judge Cogan Strips Belarus Entities Of Sovereign Immunity Defense As Sanction For Discovery Abuse

In a civil case of international intrigue, Funk v. Belneftekhim a/k/a Concern Belneftekhim, 14 CV 0376 (E.D.N.Y. Oct. 20, 2015), the facts alone make for a worthy read. Plaintiffs, a New York attorney and his legal assistant, represented investors in defendants, a Belarusian oil company and its U.S. subsidiary that were connected with Belarussian government… Read more »

Posted: October 27, 2015

Partnership Formed for a Particular Undertaking Not Dissolvable at Will

On October 16, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Redel v. Redel, 2015 NY Slip Op. 31941(U), dismissing an action to dissolve a partnership, explaining: As the Court of Appeals recently explained, pursuant to Partnership Law § 62(1)(b), in the absence of a definite term of duration… Read more »

Posted: October 26, 2015

Attorney Who Formed Corporation Can Represent Shareholder in Dissolution Action

On October 20, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Altungeyik v. Ayknat, 2015 NY Slip Op. 51527(U), refusing to disqualify an attorney who formed a corporation from later representing one shareholder against another, explaining: A party seeking disqualification of its adversary’s lawyer must prove: (1) the existence of… Read more »