Blogs

Commercial Division Blog

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

Posts Categorized: Commercial

Posted: June 23, 2017

Tolling Provision of CPLR 205(a) Does Not Apply to Out-of-State Actions

On June 15, 2017, the First Department issued a decision in Deadco Petroleum v. Trafigura AG, 2017 NY Slip Op. 04887, holding that claims timely brought in California but later dismissed were time-barred because the tolling provision of CPLR 205(a) does not apply to out-of-state actions, explaining: The breach of partnership/strategic partnership, breach of implied… Read more »

Posted: June 22, 2017

Court Refuses to Enforce No-Challenge Clause in Patent License

On June 14, 2017, Justice Kornreich of the New York County Commercial division issued a decision in Island Intellectual Property LLC v. Reich & Tang Deposit Solutions, LLC, 2017 NY Slip Op. 27199, holding that the provision of a patent license prohibiting the licensee from challenging the validity of the licensed patents was unenforceable, explaining:… Read more »

Posted: June 21, 2017

Failure to Set Standards For Award of Stock Options Breach of Implied Covenant of Good Faith

On June 15, 2017, the First Department issued a decision in Zakrzewski v. Luxoft USA, Inc., 2017 NY Slip Op. 04906, holding that allegations that the defendant failed to set standards by which the plaintiff could earn stock options stated a claim for breach of the implied covenant of good faith and fair dealing, explaining:… Read more »

Posted: June 19, 2017

Undertaking Vacated Because Not Related to Potential Damages That Might Result from Injunction

On June 14, 2017, the Second Department issued a decision in Olympic Ice Cream Co., Inc. v. Sussman, 2017 NY Slip Op. 04852, vacating an undertaking and remitting for determination of the amount of undertaking that would compensate for damages suffered if the injunction was improvidently issued, explaining: The fixing of the amount of an… Read more »

Posted: June 17, 2017

Claim Fails Heightened Tortious Interference Pleading Standard for Corporate Officers

On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in TC Tradeco, LLC v. Karmaloop Europe, AG, 2017 NY Slip Op. 31217(U), holding that a claim failed to meet the heightened pleading standard applied to a claim of tortious interference with a corporation’s contract made against a corporate… Read more »

Posted: June 16, 2017

Insurer Denied Summary Judgment for Failure to Show Material Misrepresentations by Insured

On June 7, 2017, the Second Department issued a decision in Indian Harbor Insurance Co. v SP&K Construction, 2017 NY Slip Op. 04427, denying an insurer’s motion for summary judgment for failure to show material misrepresentations by the insured in applying for insurance, explaining: To establish the right to rescind an insurance policy, an insurer… Read more »

Posted: June 15, 2017

Exchange of E-mails Did Not Create Binding Contract

On June 7, 2017, the Second Department issued a decision in Saul v. Vidokle, 2017 NY Slip Op. 04485, holding that an exchange of e-mails did not create a binding contract, explaining: The emails relied upon by the plaintiff to establish the alleged agreement among the parties for the purchase of the defendant’s apartment were… Read more »