On October 12, 2017, the Court of Appeals issued a decision in Garthon Bus. Inc. v. Stein, 2017 NY Slip Op. 07160, holding that the arbitrability of a dispute should be determined by the arbitrator where “the terms of the parties’ final agreements . . . incorporated the rules of the London Court of International… Read more »
Posts Categorized: Uncategorized
On August 15, 2017, the First Department issued a decision in LNYC Loft, LLC v. Hudson Opportunity Fund I, LLC, 2017 NY Slip Op. 06147, holding that, absent express authorization in the operating agreement, a New York limited liability company cannot appoint a non-member to a special litigation committee to evaluate a demand by a… Read more »
On August 3, 2017, following a 6-day bench trial, Justice Dufficy of the Queens County Commercial Division issued a decision in Kassab v. Kasab, 2017 NY Slip Op. 50986(U), ordering the majority shareholder of a family-owned corporation to buy out the minority owner’s shares, and failing that, ordering dissolution of the corporation. At issue in… Read more »
On November 29, 2016, the First Department issued a decision in CIFG Assur. N. Am., Inc. v. J.P. Morgan Sec. LLC, 2016 NY Slip Op. 08029, holding that a claim, under Insurance Law § 3105, for material misrepresentation in the inducement of an insurance policy need not be based on a written application for insurance…. Read more »
On June 27, 2016, Schlam Stone & Dolan partner John Lundin will co-moderate a CLE program at the New York City Bar on mediation in the federal courts. Among the panelists will be Rebecca Price, Director of the ADR Program for U.S. District Court for the Southern District of New York; Kathleen M. Scanlon, Chief… Read more »
The Office of Court Administration has asked for public comment on the proposed Uniform Attorney Disciplinary Rules of the Appellate Division. “If ultimately approved, the uniform rules would replace the separate court rules on disciplinary practice currently in place in each of the four Departments.” E-mail comments on this proposal to firstname.lastname@example.org by 10:00 AM… Read more »
On November 10, 2015, Schlam Stone & Dolan partner John Lundin will be a panelist for a CLE program at the New York City Bar on The Art of Pleading: Tactics, Techniques and Strategies. Among the panelists will be Magistrate Judge Scanlon of the EDNY and Justice Oing of the New York County Commercial Division.
In Zhang v. Jenzabar, Inc., et al., 12-CV-2988 (E.D.N.Y. March 30, 2015), Judge Roslynn R. Mauskopf denied cross-motions for summary judgment, concluding that issues of fact surrounded the question whether defendants could avoid liability for employment discrimination under the “religious organization” exemption of the New York City Human Rights Law (NYCHRL). Plaintiff alleged she was… Read more »
On March 10, 2015, the First Department issued a decision in 135 E. 57th St., LLC v. 57th St. Day Spa, LLC, 2015 NY Slip Op. 01897, reversing an award of attorneys’ fees because “[t]he admissible evidence submitted at the hearing was not sufficient to determine the reasonable amount of attorneys’ fees incurred by plaintiff… Read more »
To our readers: The ABA Journal is now accepting nominations for the 2014 ABA Journal Blawg 100. If you would like to nominate this blog (and we hope you do), you can do it here. The URL for this blog is http://ednyblog.com. Nominations are due no later than August 8, 2014.