Monthly Archives: September 2015

Posted: September 30, 2015

Court of Appeals Arguments of Interest for the Week of October 12, 2015

Upcoming oral arguments in the Court of Appeals the week of October 12, 2015, that may be of interest to commercial litigators include: Cal. No. 153: Pegasus Aviation I, Inc. v. Varig Logistica S.A. (to be argued Tuesday, October 13, 2015) (“Evidence–Loss or destruction of evidence–Relevance of spoliated documents–Whether MP defendants exercised sufficient control over… Read more »

Posted: September 29, 2015

Service That Identified Rent Overcharges Not Providing Real Estate Brokerage Services

On September 29, 2015, the First Department issued a decision in Commercial Tenant Services, Inc. v. Northern Leasing Systems, Inc., 2015 NY Slip Op. 06984, holding that a contract relating to “negotiating escalation adjustments or settling disagreements with a landlord about overcharges” was not void for “violat[ing] Real Property Law §§ 440(1) and 440-a,” explaining:… Read more »

Posted: September 28, 2015

Opportunity to Comment on Proposed Changes to Court Rules

The Office of Court Administration has asked for public comment on two proposed new rules. One proposal is a report and recommendations of the Chief Judge’s Commission on Statewide Attorney Discipline, recommending the establishment of uniform state-wide procedures for attorney discipline. The other proposal is a proposed amendment of 22 NYCRR Part 522 of the… Read more »

Posted: September 27, 2015

Claims Against Union and its Officers Dismissed Under Martin Rule

On September 23, 2015, the Second Department issued a decision in Cablevision Systems Corp. v. Communications Workers of America District 1, 2015 NY Slip Op. 06874, affirming the dismissal of claims against a labor union and its officers. In Cablevision Systems, the plaintiff sued, among others, a labor union and several of its officers for…