Monthly Archives: September 2016

Posted: September 30, 2016

Plaintiff Fails to Show That it Was Additional Insured

On September 19, 2016, Justice Marks of the New York County Commercial Division issued a decision in Taunus Corp. v. Zurich American Insurance Co., 2016 NY Slip Op. 31747(U), holding that the plaintiff was not an additional insured under an insurance policy, explaining: An insurer’s duty to defend arises whenever the allegations within the four… Read more »

Posted: September 29, 2016

RMBS Suit Stayed in Favor of Prior Pending Action in Wisconsin

On September 20, 2016, Justice Friedman of the New York County Commercial Division issued a decision in Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 2016 NY Slip Op 31748(U), staying an RMBS insurer action in favor of a prior pending action in Wisconsin, explaining: CPLR 2201 provides that except where otherwise prescribed by law,… Read more »

Posted: September 28, 2016

Work Other than Negotiating Business Opportunity Not Barred by Statute of Frauds

On September 22, 2016, the First Department issued a decision in Dorfman v. Reffkin, 2016 NY Slip Op. 06116, holding that work relating to a business opportunity, other than work associated with negotiating that opportunity, is not covered by the statute of frauds, explaining: The statute of frauds is codified in General Obligations Law §… Read more »

Posted: September 25, 2016

Claim Alleging Partial Performance of Oral Modification of Written Contract Adequate

On August 18, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Obsessive Compulsive Cosmetics, Inc. v. Sephora USA, Inc., 2016 NY Slip Op. 51295(U), upholding a claim for breach of an oral modification to a written contract based on the partial performance of that modification, explaining: When a written… Read more »

Posted: September 24, 2016

Broker Not Entitled to Commission Where Closing Was a Condition And There Was No Closing

On September 15, 2016, the First Department issued a decision in NRT N.Y. LLC v. Johnson, 2016 NY Slip Op. 06047, holding that a broker was not entitled to a commission because payment of the commission was contingent on closing, explaining: The exclusive brokerage agreement unambiguously made the closing of title an express condition precedent… Read more »

Posted: September 23, 2016

If Defendant Fails to Make Prima Facie Case, Court Need Not Consider Plaintiff’s Opposition

On September 14, 2016, the Second Department issued a decision in Katz v. Beil, 2016 NY Slip Op. 05977, denying defendants’ motion for summary judgment for failure to show a prima facie entitlement to judgment, explaining: In determining the individual defendants’ motion for summary judgment, the Supreme Court concluded that judgment as a matter of… Read more »

Posted: September 22, 2016

Assignee Lacked Standing; Assignment of Right to Pursue Remedies on Notes Did Not Transfer Claims

On September 15, 2016, the First Department issued a decision in Cortlandt St. Recovery Corp. v. Hellas Telecom., S.à.r.l., 2016 NY Slip Op. 06051, holding that a plaintiff lacked standing to assert claims because the assignment of the right to pursue remedies under notes did not constitute the assignment of claims, explaining: The [IAS] court… Read more »