Blogs

Monthly Archives: February 2016

Posted: February 29, 2016

Client Q&A: I have a contract with a foreign government-owned company that has refused to pay me. Can I sue it in the United States?

I have a contract with a foreign government-owned company that has refused to pay me. Can I sue it in the United States? By Vitali S. Rosenfeld As discussed in a prior post, dealing with foreign parties adds a level of complexity to any litigation. But suing a company owned by a foreign state is… Read more »

Posted: February 29, 2016

New York Courts Cannot Dissolve Business Entities Formed Under Another State’s Laws

On February 25, 2016, the First Department issued a decision in Matter of Raharney Capital, LLC v. Capital Stack LLC, 2016 NY Slip Op. 01425, reversing an earlier precedent and holding that a New York court does not have jurisdiction to dissolve a business entity formed under another state’s laws. In Matter of Raharney Capital,… Read more »

Posted: February 28, 2016

Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of February 8 and 15, 2016, Now Available

On February 9, 2016, we noted three cases of interest from the oral arguments before the Court of Appeals for the weeks of February 8 and 15, 2016: Case No. 28: Matter of Aoki v. Aoki (argued February 10, 2016) (“Powers–Power of appointment–Validity of irrevocable partial release–Constructive fraud–Whether the Appellate Division erred in determining that… Read more »

Posted: February 26, 2016

Plaintiff Not Required to Plead Elements of Alter Ego Liability With Particularity

On February 16, 2016, the First Department issued a decision in 2406-12 Amsterdam Associates LLC v. Alianza LLC, 2016 NY Slip Op 01110, holding that a plaintiff was not required to plead the elements of alter ego liability with particularity, explaining: Plaintiff was not required to plead the elements of alter ego liability with the… Read more »

Posted: February 24, 2016

Arbitration Clause Does Not Trigger McCarran-Ferguson Reverse Preemption

On February 18, 2016, the Court of Appeals issued a decision in Matter of Monarch Consulting, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, 2016 NY Slip Op. 01209, unanimously reversing a decision of the Appellate Division First Department and enforced arbitration agreements in a series of insurance-related cases. (We examined the First… Read more »

Posted: February 24, 2016

Party’s Agreement to “Guarantee” Its Own Performance of Contractual Obligation Enforceable as Liquidated Damages Provision

On February 23, 2016, the First Department issued a decision in 70 W. 45th St. Holding LLC v. Waterscape Resort, LLC, 2016 NY Slip Op. 01269, enforcing a written “guarantee” executed by a party to a real estate contract, which provided that the party would forfeit funds deposited in an escrow account if it failed… Read more »

Posted: February 22, 2016

Court Denies Disqualification Motion Where Prior Representation Unrelated to New Action

On January 21, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in Concord Development Co. LLC v. Amedore Concord, LLC, 2016 NY Slip Op. 50152(U), denying a motion for disqualification. In Concord Development, the plaintiff moved to disqualify the defendants’ counsel on the ground that counsel, while at a different law… Read more »