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 »
Blogs
Monthly Archives: October 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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »