Monthly Archives: April 2018

Posted: April 30, 2018

Arbitral Award Vacated Based on Failure to Disclose that Arbitrator Was Party’s Fact Witness and Was Under Indictment

On April 26, 2018, the First Department issued a decision in Policy Administration Solutions, Inc. v. QBE Holdings, Inc., 2018 NY Slip Op. 02878, affirming the dismissal of an arbitral award for failure to disclose that an arbitrator was a party’s fact witness and was under indictment, explaining: Defendants’ failure to disclose to the arbitrator... Read more »

Posted: April 28, 2018

Filing Interpleader Action Rather Than Choosing Which Claimant Was Entitled to Funds Not a Breach of Contract

On April 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in SPV-LS LLC v. Citron, 2018 NY Slip Op. 30681(U), holding that it was not a breach of contract to file an interpleader action, explaining: Plaintiffs’ argument that Transamerica conceded that it breached its contract with SPY by utilizing... Read more »

Posted: April 27, 2018

Choice of New York Law Provision Does Not Make Compliance With New York Statutory Law a Contractual Requirement

On April 26, 2018, the Court of Appeals issued a decision in Skanska USA Bldg. Inc. v. Atlantic Yards B2 Owner, LLC, 2018 NY Slip Op. 02828, holding that the inclusion of a choice of New York law provision in a contract does not make compliance with New York statutory law a contractual requirement, explaining:... Read more »

Posted: April 26, 2018

Parties Waived Contract’s Choice of Law Provision By Arguing New York Law Rather than Chosen Law

On April 13, 2018, Justice Masley of the New York County Commercial Division issued a decision in Duncan-Watt v. Rockefeller, 2018 NY Slip Op. 30678(U), holding that the parties to a lawsuit had waived the choice of law provision in their contract by failing to cite the chosen law in their arguments, explaining: The parties... Read more »

Posted: April 25, 2018

Whether Metes and Bounds Description, Street Address or Tax Lot Numbers Determines What Property is Encumbered by Mortgage is a Question of Fact

On April 18, 2018, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Zhan Hua Cao, 2018 NY Slip Op. 02603, holding that where the property descriptions in a mortgage were inconsistent, which description was meant to be binding was a question of fact, not law, explaining: Real Property Law ยง 240(3)... Read more »

Posted: April 24, 2018

Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit

On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, 2018 NY Slip Op. 02582, holding that the plaintiffs in a lawsuit had waived their right to arbitrate their dispute by bringing the lawsuit, explaining: Plaintiffs commenced this action upon an alleged oral agreement entered into in October... Read more »

Posted: April 23, 2018

Written Acknowledgment of Debt by Agent of Party Can Extend Statute of Limitations

On April 17, 2018, the First Department issued a decision in Nelux Holdings Intl., N.V. v. Dweck, 2018 NY Slip Op. 02569, holding that a written acknowledgement of a debt by a party’s agent can extend the statute of limitation, explaining: Defendant borrower established prima facie through the loan agreement and the notes that the... Read more »

Posted: April 22, 2018

Fraudulent Inducement Claim Dismissed on Summary Judgment for Lack of Reasonable Reliance

On April 9, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in INTL FCStone Markets, LLC v. Corrib Oil Co. Ltd., 2018 NY Slip Op. 30646(U), dismissing a fraudulent inducement claim on summary judgment for lack of reasonable reliance, explaining: Corrib also cannot maintain a cause of action for fraud... Read more »

Posted: April 21, 2018

Conversion Claim Cannot be Based on Deleting E-Mail Absent Evidence That No Copies Remained

On April 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Young Adult Inst., Inc. v. Corporate Source, Inc., 2018 NY Slip Op. 30640(U), holding that deleting e-mails could not be the basis for a conversion claim absent evidence that no copies of the e-mails remained, explaining: YAI’s cause... Read more »