Monthly Archives: July 2018

Posted: July 11, 2018

Tortious Interference Claim Upheld; Defendant Did Not Establish Economic Interest Defense as a Matter of Law

On July 5, 2018, the First Department issued a decision in Normandy Real Estate Partners LLC v. 24 E. 12th St. Associates LLC, 2018 NY Slip Op. 04969, refusing to dismiss a tortious interference claim because the defendant could not defeat the economic interest defense as a matter of law, explaining: The complaint states a... Read more »

Posted: July 10, 2018

Employees Who did not Sign Agreement in Their Individual Capacities Nevertheless Entitled to Enforce Arbitration Provision

On July 3, 2018, the First Department issued a decision in Huntsman International LLC v. Albemarle Corp., 2018 NY Slip Op. 04962, holding that employees who did not sign an agreement containing an arbitration provision nevertheless were entitled to enforce the provision, explaining: The individual defendants, who were officers or employees of Rockwood and did... Read more »

Posted: July 9, 2018

State Qui Tam Action Dismissed Because Allegations Were Based on Public Information

On June 28, 2018, the First Department issued a decision in State of New York ex rel. Rasmusen v. Citigroup, Inc., 2018 NY Slip Op. 04845, affirming the dismissal of a state qui tam action because “[t]he court lacked subject matter jurisdiction over this action because plaintiff’s allegations that defendant wrongfully underpaid its New York... Read more »

Posted: July 8, 2018

Fraud Claim Does Not Invalidate Arbitration Provision Unless Fraud Relates to That Provision

On June 27, 2018, the Second Department issued a decision in Zafar v. Fast Track Leasing, LLC, 2018 NY Slip Op. 04774, holding that a fraud claim does not invalidate an arbitration provision unless the fraud relates to that provision, explaining: A party may not be compelled to arbitrate a dispute unless there is evidence... Read more »

Posted: July 7, 2018

Crime-Fraud Exception Does Not Apply to Challenged Privilege Claims

On June 21, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kenyon & Kenyon LLP v. Sightsound Technologies, LLC, 2018 NY Slip Op. 31282(U), holding that the crime-fraud exception did not apply to challenged privilege claims, explaining: According to the Firm, during a SightSound board meeting to ratify the... Read more »

Posted: July 6, 2018

Mandatory Injunction Properly Denied Because There Were No Extraordinary Circumstances

On June 28, 2018, the First Department issued a decision in Spectrum Stamford, LLC v. 400 Atlantic Title, LLC, 2018 NY Slip Op. 04853, holding that a mandatory injunction had been properly denied because there were no extraordinary circumstances, explaining: Here, Supreme Court properly exercised its discretion in denying plaintiff’s motion for an injunction. Defendant... Read more »

Posted: July 4, 2018

Insurance Law 3105 Does Not Relieve RMBS Insurer of Obligation to Plead All Elements of Common Law Fraud Claim

On June 27, 2018, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 2018 NY Slip Op. 04686, holding that Insurance Law 3105 does not relieve an RMBS insurer of the requirement to plead all the elements of common law fraud against its insured, explaining: The required elements... Read more »

Posted: July 3, 2018

Receiver May Be Liable For Distributing Funds In Violation Of Order; Lack Of Knowledge Immaterial Because Order Was E-Filed

On May 24, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Kadosh v. Kadosh, 2018 NY Slip Op. 31005(U), describing the standard under which a court-appointed receiver could be held liable for actions taken in the course of their duties. In the underlying action, two brothers were disputing the... Read more »