Blogs

Monthly Archives: October 2017

Posted: October 17, 2017

Foreign Defendants Found Not to Be Subject to Personal Jurisdiction in New York

On October 10, 2017, the First Department issued a decision in IMAX Corp. v. Essel Group, 2017 NY Slip Op. 07091, affirming a holding that foreign defendants were not subject to personal jurisdiction in New York, explaining: Initially, petitioner failed to establish that New York courts have personal jurisdiction over the Essel Group and the… Read more »

Posted: October 15, 2017

Res Judicata Effect of Prior Award is For Arbitrator, Not Court, to Decide

On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Gibbs v. Holland & Knight, LLP, 2017 NY Slip Op. 32075(U), holding that the res judicata effect of an award in an earlier arbitration was for the arbitrator, not the court, to decide, explaining: As to H&K’s claim… Read more »

Posted: October 14, 2017

Construction-Related Claims Barred by “No Damages for Delay” Clause

On September 28, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Pabco Construction Corp. v. Liberty Mutual Insurance Co., 2017 NY Slip Op. 32045(U), dismissing a claim based on a construction contract’s “no damages for delay” clause, explaining: The validity of the plaintiffs claim, as pleaded against the surety in… Read more »

Posted: October 12, 2017

RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas

On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Home Equity Mortgage Trust Series 2006-5 by U.S. Bank N.A. v. DLJ Mortgage Capital, Inc., 2017 NY Slip Op. 32053(U), sanctioning an RMBS trustee for using borrower data that had been sought through subpoenas that the court had… Read more »

Posted: October 10, 2017

Plaintiff Fails to Provide Evidence Showing Jurisdiction Over Foreign Shipping Company

On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Sonic Finance Inc. v. Prima Bulkship Partnership Ltd., 2017 NY Slip Op. 32033(U), dismissing parties because of the plaintiff’s failure to provide evidence showing that the court had personal jurisdiction over the defendants, explaining: Here, plaintiffs do not… Read more »

Posted: October 9, 2017

CPLR 205(a) Statute of Limitations Extension Does Not Apply to Voluntarily Discontinued Action

On October 4, 2017, the Second Department issued a decision in EB Brands Holdings, Inc. v. McGladrey, LLP, 2017 NY Slip Op. 06923, holding that CPLR 305’s extension of the statute of limitations does not apply to actions that are voluntarily discontinued. In EB Brands Holdings, “the plaintiff brought an action against the defendant in… Read more »

Posted: October 8, 2017

Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter

On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Scopia Windmill LP v. Olshan Frome Wolosky LLP, 2017 NY Slip Op. 32031(U), refusing to dismiss a malpractice claim made by a plaintiff that was not a party to the firm’s engagement letter, explaining: On the legal malpractice… Read more »