Blogs

Monthly Archives: September 2017

Posted: September 30, 2017

Term Sheet Not a Binding Contract

On September 26, 2017, the First Department issued a decision in Keitel v. E*TRADE Financial Corp., 2017 NY Slip Op. 06624, holding that the parties’ term sheet was not a binding contract, explaining: The term sheet relied upon by plaintiff states that it “sets forth the general intent of the parties to discuss in good… Read more »

Posted: September 29, 2017

Fraudulent Inducement Claims Dismissed on Summary Judgment: No Reasonable Reliance

On September 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in SFR Holdings Ltd. v. Rice, 2017 NY Slip Op. 31974(U), dismissing a fraudulent inducement claim on summary judgment for lack of reasonable reliance, explaining: To prove fraudulent inducement to contract, a plaintiff must demonstrate the misrepresentation of a… Read more »

Posted: September 28, 2017

Unreasonably Lengthy and Frivolous Investigation Sufficient Basis for Breach of Implied Covenant of Good Faith and Fair Dealing

On September 15, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Max Jewelry, Inc. v. Those Certain Interested Underwriters at Lloyds London Subscribing to Certificate No. JB14/3995, 2017 NY Slip Op. 31976(U), holding than an insured’s complaint stated a claim against an insurance carrier for breach of the covenant… Read more »

Posted: September 27, 2017

Court Rejects Allegations of Conspiracy-Based Personal Jurisdiction

On September 8, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Katherine Sales & Sourcing, Inc. v. Fiorella, 2017 NY Slip Op. 51135(U), rejecting allegations of conspiracy-based jurisdiction, explaining: CPLR 302(a)(2) permits the New York courts to exercise personal jurisdiction over a nondomiciliary who commits a tortious act within the… Read more »

Posted: September 26, 2017

Plaintiff’s Voluntary Payment of Disputed Sum and Delay in Bringing Suit Dooms Claims

On September 18, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in Beltway 7 Properties, Ltd. v. Blackrock Realty Advisers, Inc., 2017 NY Slip Op. 31985(U), dismissing claims relating to a payment alleged to have been made under duress under the voluntary payment doctrine and because of the plaintiff’s delay… Read more »

Posted: September 25, 2017

Veil Piercing Claim Not Incompatible with Indemnification Claim

On September 7, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Live Invest, Inc. v. Morgan, 2017 NY Slip Op. 27294, holding that a veil piercing claim was not incompatible with a claim for indemnification. First, the court discussed the availability of common-law indemnification: The principle of equitable indemnification, also… Read more »

Posted: September 23, 2017

On Reargument, Court Finds Motion Timely and Grants Summary Judgment

On September 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in 531 Kosciusko Partners, LLC v. Montesdeoca, 2017 NY Slip Op. 31931(U), granting a motion for reargument and, on reargument, granting summary judgment, explaining: Upon consideration of the foregoing, the Court finds that reargument is warranted. In the 2017 Summary… Read more »

Posted: September 22, 2017

Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages

On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Miami Capital, LLC v. Hurwitz, 2017 NY Slip Op. 31925(U), dismissing a legal malpractice claim for failure adequately to allege damages, explaining: Hurwitz argues that the complaint should be dismissed because Miami Capital fails sufficiently to plead any… Read more »

Posted: September 21, 2017

Fraud Claim Based on Promise to Perform Under the Parties’ Contract Dismissed

In September 19, 2017, a divided First Department issued a decision in Cronos Group Ltd. v. XComIP, LLC, 2017 NY Slip Op. 06515, reversing a decision by Justice Ostrager of the New York County Commercial Division and dismissing a fraud claim founded upon an allegation that the defendant made promises with an undisclosed present intention… Read more »