Monthly Archives: April 2016

Posted: April 30, 2016

Unjust Enrichment Claim Against Company Owner Based on Payments Made to Company Upheld

On April 20, 2016, the Second Department issued a decision in Shah v. Exxis, Inc., 2016 NY Slip Op. 02981, upholding an unjust enrichment claim against a company’s owner based on payments made to the company. In Shah, the plaintiff brought an action against the defendants for repayment of money allegedly loaned to the corporate… Read more »

Posted: April 29, 2016

Guaranty Waiving All Affirmative Defenses Precludes Statute of Limitations Dismissal

On April 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Sotheby’s Inc. v. Mao, 2016 NY Slip Op. 30708(U), holding that a guaranty that waived all affirmative defenses waived a statute of limitations defense. In Sotheby’s, the defendant business owner guarantied a loan from the plaintiff to his… Read more »

Posted: April 28, 2016

Cost of Structural Repairs Not Linked to Covered Damage Do Not Fall Within Property Insurance Policy’s “Blanket Ordinance or Law Coverage Endorsement”

On April 21, 2016, the First Department issued a decision in St. George Tower v. Insurance Co. of Greater N.Y., 2016 NY Slip Op. 03100, holding that the cost of performing legally-mandated structural repairs is not covered by a property insurance policy’s “Blanket Ordinance or Law Coverage Endorsement” unless those repairs are causally connected to… Read more »

Posted: April 27, 2016

Rule 69, Which Provides that Money Judgments are Executed Under State Law, Applies to State Substantive Law

On April 11, 2016, the Second Circuit issued a decision in Mitchell v. Garrison Protective Servs., Inc., 15‐2137‐CV, discussing the procedure in federal court for collecting a judgment under state law as mandated by F.R.C.P. 69.     Mitchell involved a challenge to determinations made in the course of a proceeding to collect on a judgment…. Read more »

Posted: April 26, 2016

First Department Upholds Sanctions For “Profanity-Laden Attack on Lawyer Conducting Deposition”

On April 19, 2016, the First Department issued a decision in Freidman v. Yakov, 2016 NY Slip Op. 02944, upholding an award of sanctions against an attorney for deposition conduct, explaining: The court providently exercised its discretion by finding that Evgeny engaged in frivolous conduct and sanctioning him. In addition to the episode on which… Read more »

Posted: April 25, 2016

Inaction in Face of Alleged Knowledge of Another’s Wrongdoing Not Aiding and Abetting

On April 19, 2016, the First Department issued a decision in Balanced Return Fund Ltd. v. Royal Bank of Canada, 2016 NY Slip Op. 02928, affirming the dismissal of an aiding and abetting fraud claim, explaining: Plaintiff failed to raise an issue of fact by submitting evidence showing that defendant knew it was structuring the… Read more »

Posted: April 23, 2016

Motion to Dismiss Based on Testimony in Other Actions Denied; Questions of Fact Remain

On March 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Veleron Holding v. Morgan Stanley, 2016 NY Slip Op. 30594(U), refusing to dismiss claims based on testimony given by a party in another action. The dispute in Veleron Holding related to an investment in a Canadian automotive parts… Read more »

Posted: April 22, 2016

Past Consideration Insufficient to Create Contract Unless Clearly Expressed in Writing

On April 15, 2016, the Second Circuit issued a decision in Greenberg v. Greenberg, 15-731-CV, affirming a decision of the EDNY granting a defendant summary judgment on a breach of contract claim because of a lack of consideration. In Greenberg, the plaintiff’s cousin “was badly injured in a work-related accident . . . and subsequently… Read more »