Monthly Archives: July 2018

Posted: July 21, 2018

Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds

On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in Ajdler v Province of Mendoza, No. 17‐2704‐cv: 1. If a bond issuer remains obligated to make biannual interest payments until the principal is paid, including after the date of maturity, do enforceable claims for such biannual interest continue... Read more »

Posted: July 19, 2018

Plaintiff Sanctioned For Attempting to Relitigate Previously Decided Claims in New York Against Defendants Over Which Court Had No Jurisdiction

On July 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Kyowa Seni, Co., Ltd. v. ANA Aircraft Technics, Co., Ltd., 2018 NY Slip Op. 28211, sanctioning a plaintiff for relitigating an already-decided claim in New York against defendants not subject to jurisdiction here, explaining: Pursuant to 22 NYCCR... Read more »

Posted: July 18, 2018

Court Refuses to Enforce Attorney Fee-Sharing Agreement

On July 5, 2018, the Second Department issued a decision in Ballan v. Sirota, 2018 NY Slip Op. 05014, affirming the dismissal of a claim to enforce an attorney fee-sharing agreement, explaining: Judiciary Law § 491 prohibits any person, partnership, or corporation from sharing any fee or compensation charged or received by an attorney-at-law, in... Read more »

Posted: July 17, 2018

Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close

On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterprises, LP, 2018 NY Slip Op. 05013, holding that a claim for the return of down payments was sufficient based on allegations that the sellers were not ready, willing and able to close, explaining: As a general... Read more »

Posted: July 16, 2018

No Personal Jurisdiction Over Defendant Because Original Critical Events Did Not Take Place in New York

On July 3, 2018, the First Department issued a decision in Deutsche Bank AG v. Vik, 2018 NY Slip Op. 04958, holding that there was no personal jurisdiction over a defendant where the critical events of a claim did not take place in New York, explaining: A plaintiff relying on CPLR 302(a)(3)(ii) must show that... Read more »

Posted: July 15, 2018

Integration Clause Bars Contract Claim Based on Alleged Oral Modification of Mortgage Documents

On June 26, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Israel v. Signature Bank, 2018 NY Slip Op. 31370(U), holding that an integration clause barred a breach of contract claim based on an alleged oral modification to a term sheet, explaining: Here, MSI’s claim for breach of contract... Read more »

Posted: July 14, 2018

Court Finds Claims Timely Under Fiduciary Tolling Doctrine

On June 27, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Miller v. Suky, 2018 NY Slip Op. 31374(U), finding claims timely under the fiduciary tolling doctrine, explaining: Although plaintiff fails to establish equitable estoppel, the SAC sufficiently alleges a fiduciary relationship between plaintiff, 19 Hotel and Owners on... Read more »

Posted: July 13, 2018

Allocution of Settlement Terms on the Record Not Binding Settlement Agreement Because it Contemplated Agreement on Other Terms and Was Subject to Documentation

On July 5, 2018, the First Department issued a decision in Weksler v. Weksler, 2018 NY Slip Op. 04976, holding that the agreement to the terms of settlement on the record did not constitute a binding agreement, explaining: On November 10, 2016, the parties put the broad outline of the terms of their settlement agreement... Read more »