Blogs

Monthly Archives: May 2018

Posted: May 15, 2018

Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute

On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Overtime Partners, Inc. v. 320 W. 31st Assoc., LLC, 2018 NY Slip Op. 30807(U), invoking CPLR 3212 and Commercial Division Rule 9 in conducting an immediate hearing on the only factual issue in dispute in an action for,... Read more »

Posted: May 14, 2018

Justice Kornreich to Retire; Justice Schecter to Take Over Her Part

The Commercial Division has announced that: After many years of judicial service, the Honorable Shirley W. Kornreich, Commercial Division Part 54, will retire from the bench in May 2018. Justice Kornreich will be succeeded as the Justice assigned to Commercial Division Part 54 by the Honorable Jennifer G. Schecter. Justice Schecter is currently assigned to... Read more »

Posted: May 13, 2018

Court Dismisses Claim Based on Theory That Defendant Was a Third-Party Beneficiary of Contract

On May 7, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Labor Law 240 Risk Management, LLC v. CRC Insurance Services, Inc., 2018 NY Slip Op. 30859(U), dismissing a claim based on a third-party beneficiary theory, explaining: Acknowledging it is not a party to the MPA, plaintiff LL240RM contends... Read more »

Posted: May 12, 2018

IAS Court Did Not Err in Striking Defendants’ Pleadings as a Discovery Sanction

On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 03465, affirming the striking of defendants’ pleadings as a discovery sanction, explaining: The motion court’s decision to strike, based on a finding that defendants’ conduct with respect to its discovery obligations was willful and contumacious and without... Read more »

Posted: May 11, 2018

Judge Hurley Continues Sua Sponte Dismissals Of Cases Involving LLCs That Fail To Properly Plead Diversity Jurisdiction

Posted by Solomon N. Klein, Litigation Partner We previously wrote about District Judge Denis R. Hurley’s sua sponte dismissal of cases involving LLCs that fail to properly plead diversity jurisdiction. Judge Hurley has recently dismissed yet another case involving an LLC for lack of subject matter jurisdiction. Encompass Group, LLC v. Oceanside Inst’l Indus., Inc.,... Read more »

Posted: May 10, 2018

Judge Garaufis denies insurer’s motion to dismiss in lawsuit involving “ordinary traffic accident with an international twist”

Posted by Solomon N. Klein, Litigation Partner District Judge Nicholas G. Garaufis denied an insurer’s motion to dismiss a lawsuit brought directly by a plaintiff against the insurer of a vehicle that belonged to the Principality of Monaco. The Court ruled that the lawsuit was proper under the Diplomatic Relations Act of 1978, despite the... Read more »

Posted: May 10, 2018

Claim Dismissed for Being “Conclusory and Lacking in Factual Specificity”

On May 3, 2018, the First Department issued a decision in Publications International, Ltd. v. Phoenix International Publications, Inc., 2018 NY Slip Op. 03204, dismissing a counterclaim for being “conclusory and lacking in factual specificity,” explaining: Even accepting the allegations as true and affording counterclaim plaintiff (Phoenix) every possible favorable inference, we find that the... Read more »

Posted: May 9, 2018

Stock Loan Lowdown

First up on the Manipulation Monitor’s catalog of current and compelling competition law litigation will be issues arising in the stock loan market. This post will examine allegations in two pending actions: Iowa Public Employees’ Retirement System et al v. Bank of America Corporation et al., concerning manipulation of the stock loan market, and QS... Read more »

Posted: May 9, 2018

Court of Appeals Rules that Additional Insureds Endorsement in General Contractor’s Liability Policy Requires Contractual Privity

On March 26, 2018, the New York Court of Appeals issued a decision by Judge Wilson (Gilbane Bldg. Co./TDX Constr. Corp. v. St. Paul Fire & Mar. Ins. Co., 2018 NY Slip Op 02117), holding that an Additional Insured-By Written Contract endorsement in a general contractor’s liability policy did not provide coverage for a construction... Read more »