Monthly Archives: October 2017

Posted: October 31, 2017

Fee Award Vacated Due to Trial Court’s Failure to Consider All Relevant Factors In Awarding Fees

On October 19, 2017, the First Department issued a decision in EVUNP Holdings LLC v. Frydman, 2017 NY Slip Op. 07335, vacating an attorneys’ fees award for failure to consider all the factors relevant to making such an award, explaining: The trial court has the authority and responsibility to determine that the claim for fees... Read more »

Posted: October 30, 2017

Regardless of Merits, Court Should Not Have Granted Injunction When Money Damages Sufficient

On October 19, 2017, the First Department issued a decision in JSC VTB Bank v. Mavlyanov, 2017 NY Slip Op. 07339, holding that regardless of the strength of the plaintiff’s case, the court should not have issued an injunction when money damages were sufficient to redress its injuries, explaining: [O]n the merits, the court should... Read more »

Posted: October 29, 2017

Fraud Plaintiff Was Unreasonable in Relying on Representation Contradicted by Term Sheet

On October 13, 2017, Justice Masley of the New York County Commercial Division issued a decision in City’s 5th Ave. 54th St. LLC v. 685 Fifth Ave. Owner LLC, 2017 NY Slip Op. 32197(U), dismissing a fraud claim because the plaintiff’s reliance on an oral representation that was contradicted by the parties’ term sheet was... Read more »

Posted: October 28, 2017

Court Refuses to Issue Injunction Enforcing Restrictive Covenants

On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Devos, Ltd. v. United Returns, Inc., 2017 NY Slip Op. 51379(U), refusing to issue an injunction enforcing restrictive covenants in employment contracts, explaining: New York courts have long held that, since there are powerful considerations of public policy which... Read more »

Posted: October 27, 2017

Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud

On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY Slip Op. 07107, holding that a motion for summary judgment in lieu of complaint was properly dismissed because of questions of consideration and fraud in the inducement, explaining: CPLR 3213 provides a means of obtaining an accelerated judgment... Read more »

Posted: October 26, 2017

Action Dismissed Because Plaintiff’s Counsel Did Not Maintain Office in New York

On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P., 2017 NY Slip Op 07219, affirming the dismissal of an action because plaintiff’s counsel did not maintain an office in New York state in violation of Judiciary Law Section 470, explaining: The record supports... Read more »

Posted: October 25, 2017

Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute

On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden, Arps, Slate, Meagher, & Flom LLP, 2017 NY Slip Op. 07221, affirming the dismissal of an action as time-barred under New York’s borrowing statute, explaining: Where the alleged injury is economic in nature, the cause of action is... Read more »

Posted: October 24, 2017

Action Dismissed for Failure Timely to Serve Complaint

On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 E. 4th St. Housing Development Fund Corp., 2017 NY Slip Op. 07086, holding that an action properly was dismissed for failure timely to serve the complaint on the defendant, explaining: Supreme Court correctly dismissed the complaint for lack... Read more »

Posted: October 23, 2017

Bringing Action for Rescission/Reformation of Contract Not Anticipatory Breach of That Contract

On October 19, 2017, the Court of Appeals issued a decision in Princes Point LLC v. Muss Development L.L.C., 2017 NY Slip Op. 07298, holding that bringing an action seeking rescission and/or reformation of a contract did not constitute an anticipatory breach of that agreement, explaining: An anticipatory breach of a contract by a promisor... Read more »

Posted: October 22, 2017

Default Judgment Vacated Because of Possible Misrepresentations in Complaint

On October 10, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Dean Builders Group, Inc. v. Crew Contracting of New Jersey Inc., 2017 NY Slip Op. 32122(U), vacating a default judgment even though the defendants did not proffer a reasonable excuse for the default because of possible misrepresentations in the... Read more »