Monthly Archives: July 2017

Posted: July 9, 2017

Insurers’ Repudiation of Liability Relieves Insured of Obligation to Cooperate

On June 27, 2017, the First Department issued a decision in J.P. Morgan Securities Inc. v. Vigilant Insurance Co., 2017 NY Slip Op. 05181, holding that an insurer’s repudiation of liability relieved the insured of its obligation to cooperate with the insurer, explaining: Defendants’ unreasonable delay in dealing with plaintiffs’ claims under the insurance contracts,... Read more »

Posted: July 8, 2017

Counsel Sanctioned for Making Multiple Motions for the Same Relief

On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tricarico v. Baer, 2017 NY Slip Op. 31343(U), sanctioning counsel for bringing multiple motions for the same relief, explaining: Plaintiffs motion originally returnable September 15, 2016, seeks the same relief which was requested as part of Plaintiff’s motion originally... Read more »

Posted: July 7, 2017

Fraud Claims Subject to Broad Arbitration Clause

On June 27, 2017, the First Department issued a decision in New York Marine and General Insurance Co. v. Jorgensen & Co., 2017 NY Slip Op. 05186, holding that fraud claims were subject to a broad arbitration clause, explaining: The court correctly determined that the claims asserted against defendant Jorgensen, which plaintiff describes as essentially... Read more »

Posted: July 6, 2017

Theft of Trade Secrets Claim Fails; Customer Lists Were Not Shown to be Secret

On June 28, 2017, the Second Department issued a decision in Tri-Star Lighting Corp. v. Goldstein, 2017 NY Slip Op. 05261, affirming the dismissal of a theft of trade secrets claim because the alleged trade secrets (customer lists) were not adequately alleged to have been secrets, explaining: The Supreme Court properly granted that branch of... Read more »

Posted: July 4, 2017

Court Upholds Implied Covenant Claim Based on Frustration of Plaintiff’s Efforts to Recover Funds

On June 22, 2017, the First Department issued a decision in Tillage Commodities Fund, L.P. v. SS&C Tech., Inc., 2017 NY Slip Op. 05155, upholding a claim for breach of the implied covenant of good faith and fair dealing based on a fund administrator’s alleged frustration of the plaintiff’s efforts to recover money of which... Read more »

Posted: July 2, 2017

Complaint Dismissed for Impermissibly Mixing Direct and Derivative Claims

On June 15, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Guindi v. Safrin, 2017 NY Slip Op. 31291(U), dismissing a complaint for mixing direct and derivative claims, explaining: Allegations of mismanagement or diversion of assets by officers or directors to their own enrichment, without more, plead a wrong to... Read more »

Posted: July 1, 2017

Affidavit With E-mails and Account Analysis Not Documentary Evidence

On June 13, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in New York Budget Inn LLC v. Averbuch, 2017 NY Slip Op. 31296(U), denying a motion to dismiss based on documentary evidence, explaining: To succeed on a motion to dismiss pursuant to CPLR ยง 3211 (a) (1), the documentary... Read more »