Daily Archives: Wednesday, May 3, 2017

Posted: May 3, 2017

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on two proposed changes to the Commercial Division rules: First, the OCA has proposed amendments of Commercial Division Practice Rules 10 and 11: to require counsel for each party to certify to the court that they have discussed with their clients the availability of Alternative… Read more »

Posted: May 3, 2017

Court Enforces Settlement Agreement Where Defendants Accepted the Benefits Despite Parties’ Non-Compliance With a Contract Provision

On April 6, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in GEM Holdco, LLC v. RDX Technologies Corp., 2017 NY Slip Op. 30668(U), holding that the defendants ratified their settlement agreement with plaintiffs by accepting the benefits of the agreement, notwithstanding non-compliance with one of the agreement’s terms. In… Read more »