Blogs

Monthly Archives: August 2017

Posted: August 30, 2017

Court Erred in Granting Preliminary Injunction Without Ordering Plaintiff to Give Undertaking

On August 23, 2017, the Second Department issued a decision in Mobstub, Inc. v. www.staytrendy.com, 2017 NY Slip Op. 06265, holding that it was error to issue a preliminary injunction without requiring an undertaking, explaining: However, upon the granting of a preliminary injunction, a plaintiff shall give an undertaking in an amount to be fixed… Read more »

Posted: August 29, 2017

Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence

On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Brook v. Peconic Bay Medical Center, 2017 NY Slip Op. 31728(U), granting an adverse inference sanction for failure adequately to preserve evidence, explaining: A party that seeks sanctions for spoliation of evidence must show that the party having… Read more »

Posted: August 28, 2017

No Breach of Covenant of Good Faith and Fair Dealing; Plaintiff Received Benefits of Contract

On August 23, 2017, the Second Department issued a decision in Rayham v. Multiplan, Inc., 2017 NY Slip Op. 06306, holding that there was no breach of the covenant of good faith and fair dealing where the plaintiff was not deprived of the benefits of the parties’ contract, explaining: The Supreme Court also properly granted… Read more »

Posted: August 26, 2017

Questions of Fact on Whether LLC Could Fulfill its Purpose Barred Dissolution Claim’s Dismissal

On August 16, 2017, the Second Department issued a decision in Mace v. Tunick, 2017 NY Slip Op. 06170, holding that questions of fact precluded the dismissal of a claim for the dissolution of an LLC, explaining: In order to demonstrate entitlement to dissolution of a limited liability company, the member seeking such relief must… Read more »

Posted: August 24, 2017

Letters, Affidavits and Transcripts Not 3211(a)(1) Documentary Evidence

On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casualty Co., 2017 NY Slip Op. 06162, holding that proffered evidence was insufficient to support a motion to dismiss, explaining: A motion to dismiss a complaint pursuant to CPLR 3211(a)(1) may be granted only if the documentary… Read more »

Posted: August 22, 2017

Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony

On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Planner, PLLC, 2017 NY Slip Op. 06177, setting aside a jury verdict of professional malpractice against an architect because of the plaintiff’s failure to present adequate expert testimony on accepted architectural standards of practice, explaining: Where, as here,… Read more »