Blogs

Monthly Archives: May 2018

Posted: May 8, 2018

Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants

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 »

Posted: May 7, 2018

Failure to Use Contract’s Pre-Suit Dispute Resolution Process Dooms Claim

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 »

Posted: May 5, 2018

Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators

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 »

Posted: May 3, 2018

Specific Performance on Real Estate Contract Inappropriate Where No Evidence of Plaintiff’s Ability to Close

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 »

Posted: May 2, 2018

Pollution Exclusion Did Not Relieve Insurer of Obligation to Defend Personal Injury Claims by Workers at World Trade Center Site

On April 27, 2018, Justice Marcy Friedman of the New York County Commercial Division issued a decision in National Union Fire Ins. Co. of Pittsburgh, PA v. Burling Ins. Co., 2018 NY Slip Op 30741(U), holding that a Total Pollution Exclusion did not excuse an excess liability carrier’s duty to defend personal injury lawsuits brought... Read more »

Posted: May 2, 2018

Goldman Sachs Fined for Forex Practices

The Associated Press reports that Goldman Sachs agreed to pay a fine of over $110 million to settle allegations by the New York State Department of Financial Services and the Federal Reserve Board that its foreign exchange traders “participated in chat rooms, sometimes using code names, to discreetly share confidential customer information with other global... Read more »