Blogs

Posts Categorized: Agency

Posted: April 8, 2017

Person Who Signed Agreement on Behalf of LLC Before LLC Was Formed Can Be Held Personally Liable

On April 6, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc. v. Waterbridge Capital LLC, 2017 NY Slip Op. 02731, holding that a person who signs an agreement on behalf of an LLC before the LLC is formed can be held personally liable under the agreement, explaining: Supreme Court properly granted… Read more »

Posted: February 19, 2017

Dismissal of Fraudulent Misrepresentation Claim Based on Respondeat Superior Theory Affirmed

On February 14, 2017, the First Department issued a decision in VFP Investments I LLC v. Foot Locker, Inc., 2017 NY Slip Op. 01148, affirming the dismissal of a fraudulent misrepresentation claim based on the theory of respondeat superior, explaining: The fraudulent misrepresentation claim based on the theory of respondeat superior fails to state a… Read more »

Posted: August 23, 2016

Claims Against Insurer Dismissed Where Allegations Fail to Tie it to Policy at Issue

On August 11, 2016, Justice Oing of the New York County Commercial Division issued a decision in Chao Jiang v. Ping An Insurance, 2016 NY Slip Op. 31534(U), dismissing claims against an insurer where the allegations in the complaint failed to tie it to the policy at issue, explaining: A breach of contract claim requires… Read more »

Posted: November 8, 2015

Court Dismisses Claims Based on Vicarious Liability

On October 22, 2015, Justice Ramos of the New York County Commercial Division issued a decision in VFP Investments I LLC v. Foot Locker, Inc., 2015 NY Slip Op. 51554(U), dismissing claims based on vicarious liability. In VFP Investments I LLC, the plaintiff, VFP, brought claims against individuals who orchestrated a scheme through which VFP… Read more »

Posted: June 4, 2015

Insurance Broker Not Liable for Alleged Torts and Breach of Contract of His Employer

On May 27, 2015, the Second Department issued a decision in Lido Beach Towers v. Denis A. Miller Insurance Agency, Inc., 2015 NY Slip Op. 04455, dismissing claims against an insurance broker. In Lido Beach Towers, the plaintiffs brought claims against an insurance agency and one of its brokers based on claims relating to the… Read more »

Posted: December 18, 2013

Settlement by Related Party In Earlier Action Does Not Bind Plaintiffs in New Action

On December 17, 2013, the First Department issued a decision in BDCM Opportunity Fund II, LP v. Yucaipa Am. Alliance Fund I, LP, 2013 NY Slip Op. 08387, addressing whether plaintiffs were bound by a settlement agreement entered into by a related party in another action. The First Department agreed with the trial court that… Read more »

Posted: December 14, 2013

Lease Amendment Invalid Because Landlord’s President Lacked Authority to Amend Lease

On December 12, 2013, the First Department issued a decision in Site Five Hous. Dev. Fund Corp. v. Bullock, 2013 NY Slip Op. 08344, affirming a decision holding that a corporate landlord’s president lacked the authority to modify¬†a lease, rendering the modification upon which the commercial tenant relied invalid. In Five Site, the First Department… Read more »