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 »
Monthly Archives: May 2018
On April 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Q China Holdings, Ltd. v. TZG Capital Ltd., 2018 NY Slip Op. 30779(U), dismissing a holder claim, that is, a claim for damages for being fraudulently induced not to sell securities, explaining: QCH has not stated a claim... Read more »
On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring Agency, Inc., 2018 NY Slip Op. 03196, holding that a proposed claim against a new defendant was time-barred because it did not relate back to earlier claims, explaining: Plaintiffs’ further contend that the proposed new causes of... Read more »
On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Systems, Inc., 2018 NY Slip Op. 03210, dismissing a claim for failure to use a pre-suit audit procedure, explaining: The claim that Toshiba under-reported and underpaid royalties under the parties’ license agreement was correctly dismissed because plaintiff failed... Read more »
On April 7, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in April 2018: Ontario v. Samsung (No. 57) (argued on Tuesday, April 24, 2018) (“Conflict of Laws — Law Governing Contract Action — in breach of contract action brought by nonresident alleging economic claim that accrued... Read more »
On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Footprint Power Salem Harbor Development, L.P. v. Iberdrola Energy Products, Inc., 2018 NY Slip Op. 30794(U), denying a motion to stay an arbitration, ruling that under the arbitration agreement, it was for the arbitrators, not the court, to... Read more »
On May 23, 2018, Schlam Stone & Dolan partner John Lundin will chair a CLE program at the New York City Bar on The “How To” of Successful Motion Practice: Practical Advice & Tips. Among the panelists will be Justices Bransten and Scarpulla of the New York County Commercial Division.
On April 18, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Silvershore Props. LLC v. Dunning, 2018 NY Slip Op. 30715(U), denying specific performance of a contract to sell real property, explaining: Typically, a contract is not breached until the time set for performance has expired. To prevail on a... Read more »
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his individual practices.
April 25, 2018, the Second Department issued a decision in Alam v. Uddin, 2018 NY Slip Op. 02763, holding that the question of whether the signature on an agreement containing an arbitration clause was forged was for the court, not an arbitrator, to determine, explaining: Where a party has applied for an order compelling arbitration,... Read more »