Monthly Archives: March 2018

Posted: March 31, 2018

Court Vacates Stipulation of Discontinuance Without Prejudice and Reinstates Claim Against Former Defendant

On March 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Oriali SRL v. Domenico Vaca, 2018 NY Slip Op. 30435(U), vacating a stipulation of discontinuance without prejudice and reinstating a claim against a former defendant, explaining: Stipulations of settlement are favored by the courts and not lightly cast... Read more »

Posted: March 30, 2018

Plaintiff Prevails on Money Had and Received Claim; Statutory Presumption of Joint Account Ownership Did Not Apply

On March 23, 2018, the Fourth Department issued a decision in Sweetman v. Suhr, 2018 NY Slip Op. 02111, holding that a plaintiff should have prevailed at trial on her claim for money had and received because the statutory presumption of joint account ownership did not apply, explaining: Here, we conclude that judgment should be... Read more »

Posted: March 29, 2018

Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed

On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewart v. VSR Stewart Mgt., LLC, 2018 NY Slip Op. 30433(U), denying a motion to dismiss on statute of limitations ground, holding that the statute of limitations was not a defense to a claim based on a forged deed,... Read more »

Posted: March 28, 2018

Minority Discount Properly Applied When Valuing Minority Holder’s Share of Ongoing Partnership

On March 27, 2018, the Court of Appeals issued a decision in Congel v Malfitano, 2018 NY Slip Op. 02119, holding that a minority discount was properly applied when valuing a minority holder’s share of an ongoing partnership, explaining: The final question we must resolve is whether a minority discount may be applied in the... Read more »

Posted: March 26, 2018

Whether School District is Entitled to Indemnity Coverage under CGL Policy for Religious Discrimination Case Depends on Questions of Fact

On March 9, 2018, the Second Department issued a decision in Graphic Arts Mut. Ins. Co. v. Pine Bush Central School Dist., Index No. 6304/2015, holding that a school district’s entitlement to indemnity coverage under a CGL policy for the cost of settling a religious discrimination case depended on questions of fact. Graphic Arts arose... Read more »

Posted: March 25, 2018

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because Condition Precedent For Suing on Note Not Met

On March 16, 2018, the Fourth Department issued a decision in Hogan v. Iskalo Off. Holdings III LLC, 2018 NY Slip Op. 01715, holding that a plaintiff was not entitled to summary judgment in lieu of complaint because a condition precedent for suing on a note had not been satisfied, explaining: To prevail on a... Read more »

Posted: March 24, 2018

If Mortgage Commitment Letter is Revoked, Question of Whether Mortgage Contingency Applies Depends on Reasons for Revocation

On March 16, 2018, the Fourth Department issued a decision in Md3 Holdings, LLC v. Buerkle, 2018 NY Slip Op. 01836, holding that if a mortgage commitment letter is revoked, the question of whether the mortgage contingency applies depends on the reason for the revocation, explaining: Defendant contracted to purchase plaintiff’s commercial building in the... Read more »

Posted: March 23, 2018

Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant’s Tenancy

On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 2018 NY Slip Op. 01870, holding that a prior tenant was not a necessary party to an action for damages arising from a later tenancy, explaining: Pursuant to section 7.1(a) of the lease, which is the basis... Read more »