Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts

Posts Categorized: Commercial

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 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 »

Posted: August 12, 2017

Plaintiff Awarded Damages on Conversion Claim Even Though Converted Funds Returned

On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Cargill Soluciones Empresariales, S.A. De C.V., SOFOM, E.N.R. v. Desarrolladora Farallon S. de R.L. de C.V., 2017 NY Slip Op. 31650(U), awarding judgment and damages on a conversion claim even though the defendant returned the converted funds, explaining:… Read more »

Posted: August 11, 2017

Upcoming Arguments in the Court of Appeals in September

Upcoming arguments in the Court of Appeals that may be of interest to commercial litigators include: Princes Point v. Muss Development (to be argued Tuesday, September 5, 2017) (Vendor and Purchaser–Contract for Sale of Real Property–Whether prospective purchaser of real property commits anticipatory breach of contract by commencing an action against sellers for rescission of… Read more »

Posted: August 10, 2017

Lost Profits Found to be Recoverable as General, Not Consequential, Damages

On August 3, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in AGE Group, Ltd. v. Martha Stewart Living Omnimedia, Inc., 2017 NY Slip Op 31639(U), holding that lost profits were recoverable as general rather than consequential damages, explaining: MSLO also wrongly contends that this case may be dismissed if… Read more »

Posted: August 9, 2017

Insured Not Entitled to Indemnification Because It Settled Claims Without Insurer’s Permission

On August 8, 2017, the First Department issued a decision in Bovis Lend Lease (LMB), Inc. v. Arch Insurance Co., 2017 NY Slip Op. 06049, holding that an insured forfeited its right to indemnification by entering into a settlement without its insurer’s permission, explaining: Under paragraph 4 of the parties’ Companion Agreement, Bovis was required… Read more »

Posted: August 8, 2017

Merger Clause Bars Fraud Claim

On July 31, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in Representaciones E Investigaciones Medicas, S.A. De C.V. v. Abdala, 2017 NY Slip Op. 31619(U), dismissing a fraud claim relating to the acquisition of a pharmaceutical company based on a contract’s merger clause. In Representaciones E Investigaciones Medicas, the… Read more »