Monthly Archives: June 2017

Posted: June 30, 2017

Court of Appeals Accepts Certified Questions Regarding Calculation of Damages and Prejudgment Interest in Trade Secret Cases

On June 27, 2017, the Court of Appeals accepted two certified questions from the Second Circuit in E.J. Brooks Co. v. Cambridge Sec. Seals, 2017 NY Slip Op 78277: 1. “[W]hether, under New York law, a plaintiff asserting claims of misappropriation of a trade secret, unfair competition, and unjust enrichment can recover damages that are... Read more »

Posted: June 30, 2017

Derivative Lawsuits Stayed In Favor of Related Suits in Federal Court

On June 7, 2017, Justice Singh of the New York County Commercial Division issued a decision in Reaves v. Kessler, 2017 NY Slip Op 31245(U), staying four derivative lawsuits in favor of related litigation in federal court. At issue in Reaves were four derivative actions filed against directors of Resource Capital Corp. (“Resource Capital”), a... Read more »

Posted: June 29, 2017

Telephone and E-mail Communications to New York Insufficient to Create Personal Jurisdiction

On June 22, 2017, the First Department issued a decision in Ripplewood Advisors, LLC v. Callidus Capital SIA, 2017 NY Slip Op. 05157, holding that telephone and e-mail communications with New York were insufficient to create personal jurisdiction, explaining: New York does not have personal jurisdiction over defendants pursuant to CPLR 302(a)(1), as they did... Read more »

Posted: June 28, 2017

Leave to Appeal Granted in Case Involving Effect of New York Choice of Law Clause on Applicability of Borrowing Statute

On June 22, 2017, the Court of Appeals granted leave to appeal in 2138747 Ontario, Inc. v. Samsung C&T Corp., 2017 NY Slip Op. 77845, a case concerning the effect of a broadly-worded New York choice-of-law clause on the applicability of New York’s ‘borrowing statute,” CPLR 202, which in certain circumstances mandates application of a... Read more »

Posted: June 27, 2017

Dismissal for Failure to Prosecute Vacated Because No 90-Day demand to File Note of Issue Made

On June 21, 2017, the Second Department issued a decision in Atmara, Inc. v. Panoramic Ace Properties, Inc., 2017 NY Slip Op. 05060, vacating a dismissal for failure to prosecute because no 90-day demand to file a note of issue was made, explaining: While the failure to comply with a court order directing the filing... Read more »

Posted: June 24, 2017

Summons With Notice Provided Sufficient Notice of Plaintiff’s Claims

On June 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Lanmark Group, Inc. v. New York City School Construction Authority, 2017 NY Slip Op. 31244(U), rejecting an argument that a summons with notice did not provide sufficient notice of the plaintiff’s claims, explaining: As to the sufficiency of... Read more »

Posted: June 23, 2017

Tolling Provision of CPLR 205(a) Does Not Apply to Out-of-State Actions

On June 15, 2017, the First Department issued a decision in Deadco Petroleum v. Trafigura AG, 2017 NY Slip Op. 04887, holding that claims timely brought in California but later dismissed were time-barred because the tolling provision of CPLR 205(a) does not apply to out-of-state actions, explaining: The breach of partnership/strategic partnership, breach of implied... Read more »

Posted: June 22, 2017

Court Refuses to Enforce No-Challenge Clause in Patent License

On June 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Island Intellectual Property LLC v. Reich & Tang Deposit Solutions, LLC, 2017 NY Slip Op. 27199, holding that the provision of a patent license prohibiting the licensee from challenging the validity of the licensed patents was unenforceable, explaining:... Read more »