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Commercial Division Blog

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

Posts Categorized: Commercial

Posted: March 25, 2017

IM’s Did Not Create Contract Because Deal Was “Subject To” Further Documentation

On March 23, 2017, the First Department issued a decision in Luxor Capital Group, L.P. v. Seaport Group LLC, 2017 NY Slip Op. 02167, holding that an exchange of instant messages did not create a binding contract, explaining: The instant messages exchanged between the parties reflect that the transaction at issue was “subject to language”… Read more »

Posted: March 23, 2017

Judiciary Law § 478 Claim Cannot Be Based on Attorney Conduct in Arbitration

On March 16, 2017, the First Department issued a decision in Doscher v. Mannatt, Phelps & Phillips, LLP, 2017 NY Slip Op. 01973, holding that a Judiciary Law Section 478 claim could not be based on attorney conduct in an arbitration, explaining: Plaintiff also failed to state a cause of action under Judiciary Law §… Read more »

Posted: March 22, 2017

Defendant Waived Forum Selection Clause By Failing Timely to Object to Forum

On March 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Jiangsu Jintan Liming Garments Factory v. Empire Imports Group, Inc., 2017 NY Slip Op. 30469(U), holding that a defendant had waived enforcement of a forum selection clause by failing timely to object to the plaintiff’s choice of forum,… Read more »

Posted: March 21, 2017

Vacatur Based on Releases Denied; Defendant Failed Timely to Raise Issue

On March 7, 2017, the First Department issued a decision in Grinshpun v. Borokhovich, 2017 NY Slip Op. 01662, affirming the denial of a motion for vacatur for failing timely to bring it, explaining: Defendant failed to show, in support of vacatur pursuant to CPLR 5015(a)(2), that the agreements in which plaintiffs allegedly released him… Read more »

Posted: March 20, 2017

Statute of Limitations Runs From When Contract is Signed, Not When it is Dated

On March 9, 2017, the First Department issued a decision in Natixis Real Estate Capital Trust 2007-HE2 v. Natixis Real Estate Holdings, LLC, 2017 NY Slip Op. 01796, holding that the statute of limitations on a claim for breaches of representations and warranties accrues when the contract is signed, not when it is dated, explaining:… Read more »