Blogs

Monthly Archives: August 2018

Posted: August 31, 2018

Fraud Claim Dismissed for Lack of Reasonable Reliance

On August 15, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Solomon Capital, LLC v. Lion Biotechnologies, Inc., 2018 NY Slip Op. 31977(U), dismissing a fraud claim for lack of reasonable reliance, explaining: With respect to the first and second alleged misrepresentations, that Sharbat had formerly run a U.S. public… Read more »

Posted: August 29, 2018

Court Declines to Dismiss Action Brought By Summons With Notice On Ground That it Was Insufficiently Detailed

On August 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Jobar Holding Corp. v. Halio, 2018 NY Slip Op. 31982(U), declining to dismiss an action brought by summons with notice, finding that it gave sufficient notice, explaining: As the purpose of the notice is simply to provide the… Read more »

Posted: August 28, 2018

Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff’s Exclusive Possession

On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Horvath v. High Peaks Sand, Gravel & Mins., LLC, 2018 NY Slip Op. 51214(U), denying a request to delay summary judgment to allow the defendant to take more discovery because the defendant had not showed that relevant evidence was… Read more »

Posted: August 27, 2018

Stock Loan Lowdown: Fourth Time’s (still not quite) the Final . . . and Time Will Tell if it’s the Charm

Hello again, fair followers. Presented today for your pleasurable perusal is this pithy pandect of the penultimate paper in the Prime Broker Defendant’s Motion to Dismiss procedure. If perhaps you are pondering the precise past of Defendant’s process in pushing back, I present the proximate program over which I propose you pore: – Stock Loan… Read more »

Posted: August 27, 2018

Letter Agreement Binding Even Though it Envisioned a Further, More Formal Agreement

On August 10, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Vincent Crisafulli Testamentary Trust v. AAI Acquisition, LLC, 2018 NY Slip Op. 51219(U), holding that a letter agreement was a binding contract even though the parties envisioned entering into a further, more formal, agreement, explaining: [T]he plain language of… Read more »

Posted: August 26, 2018

Town’s Promissory Estoppel Claim Against LIPA Fails

On August 16, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in Town of Huntington v. Long Island Power Authority, 2018 NY Slip Op. 51206(U), dismissing the Town of Huntington’s promissory estoppel claim against LIPA, explaining: The plaintiff raises promissory estoppel as an alternative theory to its breach-of- contract and third-party-beneficiary… Read more »

Posted: August 25, 2018

Upcoming Arguments in the Court of Appeals in September 2018

Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial litigators: Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp., APL-2016-00237 (to be argued Thursday, September 6, 2018) (“Contracts-Breach or performance of contract-Whether statute of limitations bars a breach of contract action brought more than six years… Read more »

Posted: August 24, 2018

Court Refuses to Vacate Arbitral Award Despite Respondent’s Claim That She Did Not Receive Notice of Arbitration

On August 13, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in Matter of New Brunswick Theological Seminary v. Van Dyke, 2018 NY Slip Op. 51204(U), refusing to vacate an arbitral award despite the respondent’s claim that she did not receive notice of the arbitration, explaining: An arbitration award will be… Read more »

Posted: August 23, 2018

Judiciary Law Sec. 487 Claim Dismissed for Failure to Allege Intent to Deceive

On August 15, 2018, the Second Department issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C., 2018 NY Slip Op. 05743, dismissing a Judiciary Law Section 487 claim for failure to allege intent to deceive, explaining: Contrary to the defendants’ contention, the cause of action alleging a violation of Judiciary Law §… Read more »