Blogs

Monthly Archives: January 2016

Posted: January 31, 2016

Assignee of Right to Collect Commission Cannot Collect Because the Assignor Not Licensed Real Estate Broker

On January 27, 2016, the Second Department issued a decision in Burton v. Lucido, 2016 NY Slip Op. 00463, holding that the plaintiff, who had been assigned the right to collect a commission on the sale of real estate, was not entitled to collect the commission, explaining: In order to recover a real estate brokerage… Read more »

Posted: January 30, 2016

Fraud Claims Barred by Disclaimer Where Party had Means to Discover Facts Before Signing Contract

On January 19, 2016, the First Department issued a decision in Harmit Realties LLC v. 835 Avenue of the Americas, L.P., 2016 NY Slip Op. 00287, holding that the defendant’s fraud counterclaims were barred by a disclaimer which it had the means to discover before entering into an agreement, explaining:. The motion court correctly determined… Read more »

Posted: January 29, 2016

Conversion Claim Based on Transfer of Funds in Defendant’s Escrow Account to Third Party Upheld

On January 19, 2016, the First Department issued a decision in Grasshoff v. Etra, 2016 NY Slip Op. 00304, upholding a conversion claim based on the defendant’s transfer of funds in its escrow account to a third-party. In Grasshoff, the trial court granted the plaintiff summary judgment based on evidence “showing that he transferred his… Read more »

Posted: January 29, 2016

Second Circuit Examines Appealability of Non-Final Orders

On December 9, 2015, the Second Circuit issued a decision in Rodriguez v. Anderson, 14-3828(L), dismissing an appeal because it was from a non-final order. In Rodriguez, both the plaintiff and certain defendants appealed the denial of their motions for summary judgment. The Second Circuit dismissed their appeals, explaining, with respect to the plaintiff’s appeal:… Read more »

Posted: January 29, 2016

Judiciary Law Section 487 Claims Allowed in Separate Action

On January 19, 2016, the First Department issued a decision in Melcher v. Greenberg Traurig LLP, 2016 NY Slip Op. 00274, holding that a Judiciary Law Section 487 claim may be brought in a separate action. In Melcher, the plaintiff brought a Judiciary Law Section 487 claim “alleging that defendants had engaged in deceitful and… Read more »

Posted: January 27, 2016

Settlement Agreement Not Improper Mary Carter Agreement Increasing Other Defendant’s Liability

On January 14, 2016, the Third Department issued a decision in Reutzel v. Hunter Yes, Inc., 2016 NY Slip Op. 00240, holding that a settlement agreement was admissible to show the third-party defendant’s share of liability. In Reutzel, the “defendant leased a portion of” a building “to [the] third-party defendant.” The plaintiff, one of the… Read more »

Posted: January 26, 2016

Judiciary Law Section 487 Inapplicable To Administrative Agency Petition

On January 7, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decision in Kallista, S.A. v. White & Williams LLP, 2016 NY Slip Op. 26009, holding that Judiciary Law Section 487 does not apply to proceedings before the US Patent and Trademark Office. First, the court examined which proceedings were covered by… Read more »

Posted: January 25, 2016

Client Q&A: Help! My Adversary Is Being Represented By My Old Lawyer. What Can I Do?

Help! My Adversary Is Being Represented By My Old Lawyer. What Can I Do? By Niall D. O’Murchadha Whether or not a lawyer can continue to represent his or her client in a particular action is quite a common question, and the answer can be complicated and fact-specific. This post sets out the general rules… Read more »

Posted: January 25, 2016

Fraudulent Misrepresentation Requires Out-Of-Pocket Losses, Lost Profits Insufficient

On January 19, 2016, in Connaughton v. Chipotle Mexican Grill, 2016 NY Slip Op 00273, a divided panel of the Appellate Division, First Department, affirmed a decision of the New York County Supreme Court (Kornreich, J.) dismissing the complaint. The complaint alleged that the plaintiff, a well-known chef, had signed an agreement with Chipotle and… Read more »