Monthly Archives: December 2015

Posted: December 31, 2015

Taking or Copying Customer Lists is Breach of Fiduciary Duty Even if Not Trade Secrets

On November 21, 2015, Justice Grays of the Queens County Commercial Division issued a decision in Pavers & Road Builders District Council Welfare Fund v. Briceno, 2015 NY Slip Op. 32415(U), explaining that even if they are not trade secrets, it is a breach of fiduciary duty for an employee to take customer lists. In… Read more »

Posted: December 29, 2015

Court Erred in Refusing to Grant Change of Venue

On December 23, 2015, the Second Department issued a decision in Carlton Group, Ltd. v. Property Markets Group, Inc., 2015 NY Slip Op. 09423, ordering an action transferred because it was brought in an improper venue, explaining: Pursuant to CPLR 503(a), the venue of an action is properly placed in the county in which any… Read more »

Posted: December 28, 2015

Party Sanctioned for Spoliation of Evidence

On December 7, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Ocwen Loan Servicing, LLC v. Ohio Public Employees Retirement System, 2015 NY Slip Op. 51775(U), sanctioning a party for spoliation of evidence. In Ocwen Loan Servicing, the defendant took steps to preserve evidence, including issuing a litigation hold… Read more »

Posted: December 27, 2015

Corporation Dissolved Based On Deadlock, Dissension and Division

On December 18, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of the Dissolution of Capital Region Multiple Listing Service Inc., 2015 NY Slip Op 51857(U), ordering the judicial dissolution of a New York Corporation based on “dissension, disagreement and division” among the shareholders and directors. The decision provides… Read more »

Posted: December 26, 2015

Arguments of Interest In the Court of Appeals for the Week of January 4, 2016

Arguments in the Court of Appeals for the week of January 4, 2016, that may be of interest to commercial litigators: Case No. 4: Selective Insurance Company of America v. County of Rensselaer (to be argued Monday, January 4, 2016) (“Insurance–Liability insurance–Police Professional Liability Policy–Settlement of class action lawsuit seeking damages for individuals strip searched… Read more »

Posted: December 25, 2015

Indemnitee Must Prove that Indemnitor Could Have Been Liable at Trial to Recover Settlement

On December 16, 2015, the Second Department issued a decision in Leon Holdings, LLC v. Northville Industries Corp., 2015 NY Slip Op. 09260, holding that indemnification claims by a plaintiff who settled an action should have been dismissed, explaining: To recover a settlement from an indemnitor who had prior notice of the settled claim, an… Read more »

Posted: December 24, 2015

Termination for Convenience Clause Enforceable Without Regard to Defendant’s Good Faith

On December 15, 2015, the First Department issued a decision in Minelli Construction Co., Inc. v. WDF Inc., 2015 NY Slip Op. 09205, upholding the dismissal of a breach of contract claim alleging improper termination of the contract, because “[t]he termination for convenience clause set forth in Article 28 of the parties’ subcontract is enforceable,… Read more »

Posted: December 23, 2015

Choice of Law Provision Obviates Need to Do Conflict-of-Law Analysis

On December 15, 2015, the Court of Appeals issued a decision in Ministers & Missionaries Benefit Board v. Snow, 2015 NY Slip Op. 09186, holding that “where parties include a New York choice-of-law clause in a contract, such a provision demonstrates the parties’ intent that courts not conduct a conflict-of-laws analysis” even when the “contracts… Read more »