Blogs

Monthly Archives: August 2016

Posted: August 31, 2016

Plaintiff Required to Replead Alleged Oral Agreement With More Detail

On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Slabakis v Schik, 2016 NY Slip Op. 31584(U), requiring a plaintiff to replead an alleged oral contract in more detail, explaining: The doctrine of definiteness or certainty is well established in contract law. In short, it means that… Read more »

Posted: August 29, 2016

When Corporate Dissolution is Annulled it Retroactively Validates Contracts

On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in 115 W. 27th St. Associates LLC v. Perez, 2016 NY Slip Op. 31588(U), holding that a corporate officer that conducted business in the name of the corporation after it was dissolved was shielded from liability by annulling the… Read more »

Posted: August 28, 2016

An Interested Person May be Allowed to Intervene in Special Proceeding to Recover Debt

On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Wimbledon Financing Master Fund, Ltd. v. Bergstein, 2016 NY Slip Op. 31574(U), discussing the standard for intervention in a special proceeding to turn over funds to satisfy a judgment: Under CPLR 1012, a non-party shall be permitted to… Read more »

Posted: August 27, 2016

Motion to Amend Denied for Failure to Show or Explain and Justify Changes

On August 17, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in E&B Giftware, LLC v Mauer, 2016 NY Slip Op. 31569(U), denying a motion to amend, explaining: In order to conserve judicial resources, examination of the underlying merit of the proposed amendment is mandated. Leave will be denied where… Read more »

Posted: August 26, 2016

Contract Claim Based On Oral Agreement Regarding Investment Upheld

On August 18, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Galopy Corp. International N.V. v. Deutsche Bank, AG, 2016 NY Slip Op. 31576(U), upholding a breach of contract claim based on an alleged oral agreement regarding an investment, explaining: The doctrine of definiteness or certainty is well established… Read more »

Posted: August 25, 2016

Arguments of Interest in the Court of Appeals in September

Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include: Utica Mutual Insurance Company v. Style Management Associates, APL-2015-00169 (to be argued Tuesday, September 13, 2016) (“Subrogation–Right of subrogation–Whether the Style Management defendants were entitled to summary judgment dismissing the complaint as against tem upon the ground that they were not… Read more »

Posted: August 24, 2016

“Made Whole Rule,” Which Limits An Insurer’s Recovery in Subrogation Claim, Does Not Apply to Salvage Recovery

On August 8, 2016, Justice Oing of the New York County Commercial Division issued a decision in Potemkin Cadillac-Buick-Chevrolet-Geo, Ltd. v. Specialty Mar. Ins. Co., 2016 NY Slip Op. 31507(U), holding that the “made whole rule,” under which an insurance carrier cannot recover from a third-party on a subrogation claim until the insured has first been… Read more »

Posted: August 23, 2016

Claims Against Insurer Dismissed Where Allegations Fail to Tie it to Policy at Issue

On August 11, 2016, Justice Oing of the New York County Commercial Division issued a decision in Chao Jiang v. Ping An Insurance, 2016 NY Slip Op. 31534(U), dismissing claims against an insurer where the allegations in the complaint failed to tie it to the policy at issue, explaining: A breach of contract claim requires… Read more »