Blogs

Commercial Division Blog

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

Posts Categorized: Commercial

Posted: February 18, 2018

Damages Award Thrown Out Because of Failure to Provide Competent, Non-Hearsay Evidence of Damages

On February 8, 2018, the First Department issued a decision in 345 E. 69th St. Owners Corp. v, Platinum First Cleaners, Inc., 2018 NY Slip Op. 00892, vacating a damages award because it was not based on competent, non-hearsay evidence, explaining: The trial court awarded damages consisting of $196,811.88 representing lost rent over the remainder… Read more »

Posted: February 17, 2018

Court Refuses to Enforce Forum Selection Clause in Internet Contract

On February 1, 2018, Justice Ash of the Kings County Commercial Division issued decision in Swipe Ice Corp, Inc. v. UPS Mail Innovations, Inc., 2018 NY Slip Op. 30178(U), refusing to enforce a forum selection clause in an Internet contract, explaining: The creation of online contracts has not fundamentally changed the principles of contract. To… Read more »

Posted: February 16, 2018

Court Refuses to Disqualify Counsel Based on Lawyer-Witness Rule

On February 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Atlantic Yards Plaza LLC v. Talde, 2018 NY Slip Op. 30179(U), refusing to disqualify a lawyer under the lawyer-witness rule, explaining: [D]isqualification of MSF is also unwarranted pursuant to the witness-advocate rule. The witness-advocate rule contained in the Rules… Read more »

Posted: February 15, 2018

Professional Malpractice Claims Time-Barred

On February 1, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Schembre v. Saggese, 2018 NY Slip Op. 30191(U), dismissing professional malpractice claims as time-barred, explaining: Non-medical professional malpractice claims are governed by a three-year statute of limitations. A claim for professional malpractice accrues when the malpractice is committed,… Read more »

Posted: February 13, 2018

Corporation’s Former Counsel Cannot Represent One Shareholder Against Others

On February 7, 2018, the Second Department issued a decision in Deerin v. Ocean Rich Foods, LLC, 2018 NY Slip Op. 00820, holding that counsel should have been disqualified due to a conflict, explaining: A party seeking disqualification of its adversary’s counsel based on counsel’s purported prior representation of that party must establish (1) the… Read more »

Posted: February 11, 2018

Plaintiff Cannot Withstand Summary Judgment By Showing Question of Fact on One Element of Fraud Claim if it Fails on Another Element

On January 22, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in xLon Beauty, LLC v. Day, 2018 NY Slip Op. 30142(U), holding that a plaintiff could not withstand summary judgment dismissing its fraud claim by showing that there was a question of fact regarding one element of the claim… Read more »

Posted: February 10, 2018

Integration Clause Bars Claim for Work Not Covered by Written Agreement

On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Unclaimed Prop. Recovery Serv., Inc. v. Credit Suisse First Boston Corp., 2018 NY Slip Op. 30150(U), holding that a contract’s integration clause barred a claim for payment for work not covered by the contract, explaining: The unambiguous terms… Read more »

Posted: February 9, 2018

Separate Cause of Action for Accounting Permissible Under Delaware Law

On January 23, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Ambase Corp. v. 111 W. 57th Sponsor LLC, 2018 NY Slip Op. 30160(U), holding that under Delaware law, it is permissible to assert a separate claim for an accounting, explaining: Defendants maintain that the fourteenth cause of action… Read more »