Monthly Archives: December 2014

Posted: December 31, 2014

Contract Provision For Renegotiation Of Fees Too Vague To Be Enforced

On December 10, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Spielman Koenigsberg & Parker, LLP v. Taxi Club Management, Inc., 2014 NY Slip Op. 33282(U), dismissing a breach of contract claim because the provision to be enforced was unenforceably vague. In Spielman Koenigsberg & Parker, the principal dispute… Read more »

Posted: December 30, 2014

Mechanics Lien That Incorrectly Listed Corporation As Property Owner Instead of Corporation’s Sole Shareholder Could Be Amended To Reflect The True Owner

On December 16, 2014, the Court of Appeals issued a decision in Rigano v. Vibar Construction, Inc., 2014 NY Slip Op. 08762, ruling that a mechanic’s lien that erroneously listed the sole shareholder of the property owner was not jurisdictionally deficient and could be amended nunc pro tunc to reflect the true owner. In Rigano,… Read more »

Posted: December 29, 2014

Second Circuit Affirms Dismissal on Rooker-Feldman Grounds

On December 18, 2014, the Second Circuit issued a decision in Canning v. Administration for Children’s Services, Queens, 13-4047-CV, affirming the dismissal of a lawsuit in the EDNY for lack of subject matter jurisdiction based on the Rooker-Feldman doctrine. In Canning, the plaintiffs brought an action in the EDNY challenging the constitutionality of a decision…