Blogs

Monthly Archives: August 2017

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 »

Posted: August 21, 2017

Court Should Not Have Vacated Default Judgment Where There Was No Reasonable Excuse for Default

On August 16, 2017, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2017 NY Slip Op. 06184, reversing a trial court decision to vacate a default, holding that no reasonable excuse had been showed for the default. In OneWest Bank, the trial court dismissed the complaint because of the failure of… Read more »

Posted: August 20, 2017

Insurer Owed Pre-Judgment Interest From Date of Wrongful Disclaimer of Coverage

On August 7, 2017, Justice Ramos of the New York County Commercial Division issued a decision in J.P. Morgan Securities Inc. v Vigilant Insurance Co., 2017 NY Slip Op. 31690(U), holding that an insurer owed pre-judgment interest from the date of its wrongful disclaimer of coverage, explaining: Once the Insurers repudiated liability and Bear Stearns… Read more »

Posted: August 16, 2017

Motion to Amend Filed After Note of Issue Date Denied Due to Prejudice to Plaintiff

On August 2, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in JBGR LLC v. Chicago Title Insurance Co., 2017 NY Slip Op. 51006(U), denying a motion to amend an answer filed after the Note of Issue date because of prejudice to the plaintiff, explaining: While leave to amend a pleading… Read more »

Posted: August 14, 2017

Court Orders Dissolution of Family-Owned Corporation

On August 3, 2017, following a 6-day bench trial, Justice Dufficy of the Queens County Commercial Division issued a decision in Kassab v. Kasab, 2017 NY Slip Op. 50986(U), ordering the majority shareholder of a family-owned corporation to buy out the minority owner’s shares, and failing that, ordering dissolution of the corporation. At issue in… Read more »

Posted: August 13, 2017

Two-Year Discovery Rule Does Not Save Fraud Claim from Being Time-Barred

On August 7, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Epiphany Community Nursery School v. Levey, 2017 NY Slip Op. 31668(U), holding that the two-year discovery rule did not save a fraud claim from being time-barred, explaining: [A]ll of the claims in the complaint are dismissed as time-barred…. Read more »