Monthly Archives: May 2016

Posted: May 31, 2016

Fraud Claims Relying on Unnamed Third-Party’s Report of Alleged Overheard Conversation Dismissed

On May 26, 2016, the First Department issued a decision in Manda Intl. Corp. v. Yager, 2016 NY Slip Op. 04091, ordering the dismissal of fraud claims supported only by unattributed overheard hearsay, explaining: The allegations that Guida plotted with third-party defendants Angelo Corrao and Frank Basile to defraud defendant/third-party plaintiff Stephen Yager, and that… Read more »

Posted: May 30, 2016

Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of April 25, 2016, and May 2, 2016, Now Available

On April 22, 2016, we noted six cases of interest from the oral arguments before the Court of Appeals for the weeks of April 25, 2016, and May 2, 2016: Case No. 5: Red Zone LLC v Cadwalader, Wickersham & Taft LLP (argued Wednesday, April 27, 2016) (“Attorney and client–Malpractice–Alleged negligent drafting of agreement–whether plaintiff… Read more »

Posted: May 29, 2016

Summary Judgment Motion Denied Because Made Before Joinder of Issue

On May 24, 2016, the First Department issued a decision in Stone Column Trading House Ltd. v. Beogradska Banka A.D. in Bankruptcy, 2016 NY Slip Op. 03996, upholding the denial of a premature motion for summary judgment, explaining: The motion court correctly determined that Stone Column’s motion for summary judgment was premature because it served… Read more »

Posted: May 28, 2016

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on a proposed change to the Commercial Division rules providing: The court may require that direct testimony of a party’s own witness in a non-jury trial or evidentiary hearing shall be submitted in affidavit form, provided, however, that the court may not require the submission… Read more »

Posted: May 24, 2016

Party That Failed to Give Contractually-Required Notice Prior to Bringing Suit Lacked Standing

On May 17, 2016, the First Department issued a decision in Nomura Asset Acceptance Corp. Alternative Loan Trust v. Nomura Credit & Capital, Inc., 2016 NY Slip Op 03837, holding that a party that failed to give contractually-required notice prior to bringing suit lacked standing to bring suit, explaining: The summons with notice filed by… Read more »

Posted: May 23, 2016

Inclusion of No Oral Modification Clause In Employment Agreement Does Not Change At-Will Status

On May 19, 2016, the First Department issued a decision in Gootee v. Global Credit Services, LLC, 2016 NY Slip Op. 03984, explaining that the inclusion of a no-oral-modification clause in an employment agreement did not mean that an employee was not an at will employee, explaining: The employment agreement did not state a fixed… Read more »

Posted: May 22, 2016

No Oral Modification Clause Bars Breach of Contract and Promissory Estoppel Claims

On May 9, 2016, Justice Singh of the New York County Commercial Division issued a decision in Rivera v. Cumulus Media, Inc., 2016 NY Slip Op. 30870(U), dismissing breach of contract and promissory estoppel claims based on a contract’s no oral modification and integration clauses. In Rivera, the plaintiff’s production company entered into a letter… Read more »