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Commercial Division Blog

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

Posts Categorized: Commercial

Posted: April 20, 2018

Law Office Error Excused; Motion to Compel Plaintiff to Accept Answer Granted

On April 12, 2018, the First Department issued a decision in Naber Electric v. Triton Structural Concrete, Inc., 2018 NY Slip Op. 02562, upholding the grant of a motion to compel a plaintiff to accept a late-filed answer, explaining: The motion court providently exercised its discretion in denying plaintiffs’ motion and granting defendants’ cross motion… Read more »

Posted: April 19, 2018

Fraudulent Inducement Claim Against Lawyer Upheld; Client Was Reasonable in Relying on Counsel Rather Than Reading Agreement Closely

On April 10, 2018, the First Department issued a decision in Suttongate Holdings Ltd. v. Laconm Management N.V., 2018 NY Slip Op. 02424, upholding a fraudulent inducement claim against a lawyer, explaining: The allegations of the complaint state a cause of action for fraudulent inducement. The well settled principle relied on by David that a… Read more »

Posted: April 18, 2018

Fraudulent Conveyance Claim Dismissed For Failure to Plead with Particularity

On April 10, 2018, the First Department issued a decision in Carlyle, LLC v. Quik Park 1633 Garage LLC, 2018 NY Slip Op. 02436, dismissing a fraudulent conveyance claim for failure to plead the claim with particularity, explaining: The actual fraudulent conveyance claims, under the common law and Debtor and Creditor Law (DCL) § 276,… Read more »

Posted: April 17, 2018

Continuous Representation Doctrine Applies Only to Representations Specifically Related to the Malpractice Claim

On April 12, 2018, the First Department issued a decision in Davis v. Cohen & Gresser, LLP, 2018 NY Slip Op. 02542, affirming the dismissal of a legal malpractice claim as time-barred because the continuous representation doctrine does not apply to representations unrelated to the malpractice claim, explaining: Davis cannot rely on the continuous representation… Read more »

Posted: April 16, 2018

Sexual Harassment of Employees is Not a Breach of an Executive’s Fiduciary Duties to His Employer

On April 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Pozner v. Fox Broadcasting Co., 2018 NY Slip Op. 30581(U), holding that an executive did not breach his fiduciary duty to his employer by sexually harassing employees, explaining: Fox’s breach of fiduciary duty counterclaim, however, is not tenable…. Read more »

Posted: April 15, 2018

Counterclaims for Mutual Mistake and Unilateral Mistake Survive Summary Judgment

On April 3, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2018 NY Slip Op. 30582(U), holding that counterclaims for mutual mistake and unilateral mistake survived summary judgment because of questions of fact, explaining: Cerberus argues that CIBC’s… Read more »

Posted: April 13, 2018

New York Not Inconvenient Forum Despite Dispute Having Much Stronger Connection to China

On April 5, 2018, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 2018 NY Slip Op. 02415, holding that an action should not have been dismissed on forum non conveniens grounds despite its having a much stronger connection of China, explaining: Defendant failed to meet the… Read more »

Posted: April 12, 2018

“Notwithstanding” Clause Trumps Potentially Contradictory Contract Provision

On April 5, 2018, the First Department issued a decision in Veneto Hotel & Casino, S.A. v. German American Capital Corp., 2018 NY Slip Op. 02414, holding that a “notwithstanding” clause trumps a potentially conflicting contract provision, explaining: [E]ven if section 3.1.7(v) could be interpreted to be inconsistent with section 3.1.11(a), section 3.1.11(a) would still… Read more »