Blogs

Monthly Archives: June 2016

Posted: June 28, 2016

The Law Does Not Imply Reasonable Time for Performance Where Only Obligation is Payment of Money

On June 21, 2016, the First Department issued a decision in Castlestone Management LLC v. Diamond, 2016 NY Slip Op. 04879, dismissing a breach of contract claim as time-barred, explaining: Plaintiff argues that, because the agreement did not specify a time for performance, defendant’s reimbursement payment was due, and the statute of limitations began to… Read more »

Posted: June 27, 2016

Client Q&A: A Competitor Is Cheating The Government, Which Hurts Me And Taxpayers Too. What Can I Do?

A Competitor Is Cheating The Government, Which Hurts Me And Taxpayers Too. What Can I Do? By Niall D. O’Murchadha If you discover that someone—perhaps your employer or a competitor—is cheating the federal government, there are several things you can do. One option is provided by a statute called the False Claims Act (“FCA”). If… Read more »

Posted: June 27, 2016

Claim for Breach of Representations Accrues at Later of As Of or Execution Date

On June 14, 2016, Justice Friedman of the New York County Commercial Division issued a decision in Wilmington Trust Co. v. Morgan Stanley Mortgage Capital Holdings LLC, 2016 NY Slip Op. 31130(U), analyzing the question of when a claim for breach of representations and warranties accrues. In Wilmington Trust Co., the court decided a motion… Read more »

Posted: June 26, 2016

Law of the Case Does Not Apply When a Summary Judgment Motion Follows Motion to Dismiss

On June 15, 2016, Justice Bransten of the New York County Commercial Division issued a decision in Korff v. Corbett, 2016 NY Slip Op. 31127(U), holding that the law of the case doctrine did not make determinations made on a motion to dismiss binding on summary judgment, explaining: In support of his motion seeking judgment… Read more »

Posted: June 25, 2016

Notice Provision Not Condition Precedent That Results in a Forfeiture

On June 21, 2016, the First Department issued a decision in EidosMedia Inc. v. Citigroup Technology, Inc., 2016 NY Slip Op. 04884, holding that notice provisions did not constitute a condition precedent, explaining: Defendant argues that plaintiff failed to comply with a notice requirement in the parties’ agreements for the licensing of plaintiff’s software that… Read more »

Posted: June 24, 2016

New York County Expands Mediation Program to Commercial Cases in Parts Outside the Commercial Division

On May 24, 2016, First Judicial District Administrative Judge Moulton issued an administrative order expanding of the Commercial Division ADR program to commercial cases in non-Commercial Division parts. For the purpose of this Order, a “commercial case” shall mean a case designated as such in the court’s Civil Case Information System, including non-Commercial Division cases… Read more »

Posted: June 24, 2016

Control and Domination Alone Insufficient to Justify Alter Ego Liability

On June 14, 2016, the First Department issued a decision in Cornwall Management Ltd. v. Kambolin, 2016 NY Slip Op. 04680, dismissing a claim based on alter ego liability, explaining: The allegations that defendants Kambolin and Atlant Capital Holdings controlled and dominated defendant Thor United are insufficient to state a cause of action for alter… Read more »