Blogs

Monthly Archives: April 2017

Posted: April 29, 2017

Fraudulent Inducement Claim Dismissed For Failure to Allege Due Diligence

On April 7, 2017, Justice Bransten of the New York County Commercial Division issued a decision in Drummond Decatur & State Properties, LLC v. 10500 Drummond Road Partners LP, 2017 NY Slip Op. 30727(U), dismissing a fraudulent inducement claim for failure adequately to allege due diligence, explaining: A representation of present facts is collateral to… Read more »

Posted: April 28, 2017

Continuous Representation Doctrine Inapplicable if Limitation Period Set By Contract, Not Statute

On April 20, 2017, the First Department issued a decision in Aaron v. Deloitte Tax LLP, 2017 NY Slip Op. 03051, holding that the continuous representation tolling doctrine did not apply to an accounting malpractice claim where the limitations period applicable to the claim was set by contract, not statute, explaining: The engagement letter, which… Read more »

Posted: April 27, 2017

Motion Extending Time to Serve Made 18 Months After Service Was Contested Not Improperly Granted

On April 20, 2017, the First Department issued a decision in Deutsche Bank, AG v. Vik, 2017 NY Slip Op. 03075, holding that a trial court did not abuse its discretion in granting a motion to extend time to serve made 18 months after service was contested, explaining: The motion court exercised its discretion in… Read more »

Posted: April 26, 2017

Insurer Required to Provide Coverage Because of Flaws in its Letter Disclaiming Coverage

On April 19, 2017, the Second Department issued a decision in Unified Window Systems, Inc. v. Endurance American Specialty Insurance Co., 2017 NY Slip Op. 03036, holding that an insurer had to provide coverage because of defects in its letter disclaiming coverage, explaining: Endurance initially disclaimed coverage on the ground that the policy had been… Read more »

Posted: April 25, 2017

Client Q&A: My company has been sued for replevin, conversion, promissory estoppel, and constructive trust

My company has been sued for replevin, conversion, promissory estoppel, and constructive trust. What do these words even mean?! By Vitali S. Rosenfeld Misappropriation of assets takes many forms and invites all kinds of claims seeking various legal remedies. Very often, many alternative claims are asserted for the same alleged wrong. For instance, it is… Read more »

Posted: April 25, 2017

Communications With Insurance Brokers Not Privileged

On April 17, 2017, Justice Bransten of the New York County Commercial Division issued a decision in Mt. McKinley Insurance Co. v. Corning Inc., 2017 NY Slip Op. 30704(U), holding that an insured’s communications with its insurance brokers were not privileged, explaining: Corning did not produce approximately 50 confidential communications between and among it, its… Read more »

Posted: April 24, 2017

Defendant Need Not Make Misrepresentations to be Liable for Aiding and Abetting Fraud

On April 13, 2017, Justice Bransten of the New York County Commercial Division issued a decision in Universal Processing Services of Wisconsin v. Berger, 2017 NY Slip Op. 30747(U), upholding a claim for aiding abetting fraud even though there was no allegation that the defendants made any misrepresentations to the plaintiff, explaining: To state a… Read more »

Posted: April 23, 2017

Action Dismissed for Failure Timely to Respond to Demand for Complaint

On February 21, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in Javoroski v. SelectQuote Insurance Service, Inc., 2017 NY Slip Op. 50465(U), dismissing an action because of the plaintiff’s failure timely to respond to a demand for a complaint. In Javoroski, the plaintiff initiated an action by filing a Summons… Read more »

Posted: April 22, 2017

Collateral Estoppel Does Not Bar Claims Regarding Painting’s Ownership

On April 18, 2017, the First Department issued a decision in Reif v. Nagy, 2017 NY Slip Op. 02920, holding that collateral estoppel did not bar claims regarding a painting’s ownership, explaining: In 2005, David Bakalar, a Massachusetts industrialist turned sculptor, brought suit against the heirs of Grunbaum seeking, inter alia, a declaration that he… Read more »