Monthly Archives: July 2017

Posted: July 19, 2017

Plaintiff’s Failure to Read Policy No Bar to Claim for Failure to Obtain Proper Insurance

On July 11, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in 386 3rd Ave. Partners Ltd. Partnership v. Alliance Brokerage Corp., 2017 NY Slip Op. 31484(U), holding that an insured’s failure to read a policy was not a basis for dismissing the insured’s claim against a broker for failure to... Read more »

Posted: July 18, 2017

Corporate Officers Can Enforce Arbitration Provision in Corporation’s Contract

On July 12, 2017, the Second Department issued a decision in Degraw Construction Group, Inc. v. McGowan Builders, Inc., 2017 NY Slip Op. 05580, holding that corporate officers could enforce an arbitration provision in one of the corporation’s contract, explaining: A written agreement to submit any controversy to arbitration is enforceable without regard to the... Read more »

Posted: July 17, 2017

Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument

On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Energy Services, Inc., 2017 NY Slip Op. 05686, holding that a New York forum selection clause precluded consideration of a forum non conveniens argument, explaining: Plaintiff and defendant ARC entered into a services agreement which included an explicit choice... Read more »

Posted: July 16, 2017

Plaintiff’s Amended Claims Found to Relate Back to Date of Original Complaint

On June 29, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Seidler v. Knopf, 2017 NY Slip Op. 31430(U), holding that a plaintiff’s amended claims related back to the date of the original complaint, explaining: Contrary to the contention of defendants, the amendments are not time-barred. The relation-back doctrine permits... Read more »

Posted: July 14, 2017

Non-Parties Bound by Contract’s Forum Selection Clause

On June 27, 2017, Justice Scarpulla of the New York County Commercial division issued a decision in Project Cricket Acquisition, Inc. v. Florida Capital Partners, Inc., 2017 NY Slip Op. 31383(U), holding that non-parties were bound by the arbitration provision of contracts they had signed on behalf of business entities, explaining: Johnson, as non-party to... Read more »

Posted: July 13, 2017

Time-Barred Claims Could be Used as Counterclaims Under Equitable Recoupment Doctrine

On June 29, 2017, the First Department issued a decision in California Capital Equity, LLC v. IJKG, LLC, 2017 NY Slip Op. 05312, holding that claims that were time-barred could nonetheless be a sserted as counterclaims, explaining: The doctrine of equitable recoupment, as codified in CPLR 203(d), applies to IJKG’s counterclaim for tortious interference with... Read more »

Posted: July 11, 2017

Partnership Agreement’s Arbitration Provision Governs Later Agreement to Sell Partnership Assets

On June 27, 2017, the First Department issued a decision in Matter of Capital Enterprises Co. v. Dworman, 2017 NY Slip Op. 05192, holding that a partnership agreement’s arbitration provision governed a later agreement to sell partnership assets, explaining: Since the alleged oral agreement to sell or transfer partnership assets attempts to modify several substantive... Read more »

Posted: July 10, 2017

Failure to Comply With Discovery Orders Warranted Dismissal and Monetary Sanctions

On June 21, 2017, the Second Department issued a decision in 150 Centreville, LLC v. Lin Associates Architects, P.C., 2017 NY Slip Op. 05056, affirming the dismissal of an action and monetary sanctions for the failure to comply with discovery orders, explaining: The plaintiffs failed to comply with a stipulation that was so-ordered by the... Read more »