Blogs

Monthly Archives: July 2017

Posted: July 31, 2017

Fact Issues Do Not Preclude Issuance of a Yellowstone Injunction

On June 9, 2017, Justice Grays of the Queens County Commercial Division issued a decision in SBA Monarch Towers I, LLC. v. Hirakis, 2017 NY Slip Op. 31580(U), granting a Yellowstone injunction despite issues of fact regarding the merits, explaining: The purpose of a Yellowstone injunction is to enable a tenant confronted by a notice… Read more »

Posted: July 28, 2017

Court Refuses to Dismiss New York Action in Favor of Later-Filed California Action

On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Wantickets RDM, LLC v. Eventbrite, Inc., 2017 NY Slip Op. 31548(U), refusing to dismiss a New York action in favor of a later-filed California action, explaining: Eventbrite’s contention that Wantickets’ claims should be litigated in California is uncompelling…. Read more »

Posted: July 27, 2017

Actual Notice Insufficient to Meet Contract’s Strict Contractual Notice Requirement

On July 27, 2017, the Third Department issued a decision in Ridley Electric Co., Inc. v. Dormitory Authority of The State of New York, 2017 NY Slip Op. 05907, holding that actual notice was insufficient to meet a contract’s strict notice requirements, explaining: [D]efendant submitted the affidavits and deposition testimony of two managerial employees familiar… Read more »

Posted: July 26, 2017

Breach of Fiduciary Duty Claim Based on Law Firm’s Conflicted Representation Timely

On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, 2017 NY Slip Op. 05794, holding that a breach of fiduciary claim against a law firm for representing an adverse party was timely, explaining: [T]he IAS court should have permitted the breach of fiduciary duty claim to… Read more »

Posted: July 24, 2017

Court Declines to Award Attachment Due to Lack of Evidence of Intent to Defraud

On July 17, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Del Forte USA, Inc. v. Blue Beverage Group, Inc., 2017 NY Slip Op. 31525(U), refusing to grant an attachment due to a lack of evidence of fraudulent intent, explaining: In order to be granted an order of attachment under… Read more »

Posted: July 23, 2017

Plaintiff Awarded Fees Based on Unmistakably Clear Language in Contract

On July 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in SASOF TR-43 Aviation Ireland Ltd. v. Eastok Avia FZC, Yanair Ltd., 2017 NY Slip Op. 31514(U), awarding a prevailing party attorney’s fees under a contract, explaining: Plaintiffs request an award of reasonable attorneys’ fees under the Agreements. When… Read more »

Posted: July 21, 2017

Alleged Faulty Notice of Lease Renewal States Breach of Implied Covenant Claim

On July 13, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Foscarini, Inc. v. Greenestreet Leasehold Partnership, 2017 NY Slip Op. 31493(U), holding that allegations that a defendant gave a faulty notice of lease renewal intending to prevent the plaintiff from finding another tenant but without intending actually to… Read more »

Posted: July 20, 2017

Class Action Waiver Violated National Labor Relations Act

On July 18, 2017, the First Department issued a decision in Gold v. New York Life Insurance Co., 2017 NY Slip Op. 05695, holding that class action waivers in insurance agent employment agreements violated the National Labor Relations Act. In Gold, the plaintiff insurance agent’s employment contract contained an arbitration provision requiring arbitration of any… Read more »