On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 32562(U), sanctioning a litigant for seeking to arbitrate previously-litigated claims, explaining: It is well settled that the right to arbitration may be modified, waived or abandoned. The question of whether parties waived their right to arbitrate by their litigation-related… Read more »
Blogs
Monthly Archives: October 2018
Court Allows Defendant to File an Answer 600 Days Late
On October 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Iconic Home LLC v. Franco, 2018 NY Slip Op. 32597(U), allowing a defendant to file an answer 600 days late, explaining: CPLR 3012(d) provides that upon the application of a party, the court may extend the time to appear… Read more »
Complaint Withstands Motion to Dismiss Based on In Pari Delicto/Illegality Defense
On October 22, 2018, Justice Fisher of the Kings County Supreme Court issued a decision in Juan Carlos Nunez v. Athletes’ Careers Enhanced and Secured, Inc., No. 502950/2018 (Supreme Court, Kings County), declining to dismiss an action due to an in pari delicto/illegality defense, explaining: In Nunez, the plaintiff, a former employee of a prominent…
Compliance with No-Action Clauses Excused in Suit Against RMBS Trustee
On October 18, 2018, the First Department issued a decision in Blackrock Balanced Capital Portfolio (FI) v. U.S. Bank N.A., 2018 NY Slip Op. 06990, holding that the plaintiff’s compliance with no-action clauses was excused in a suit against an RMBS trustee, explaining: We reject defendant’s argument that all of the breach of contract claims must… Read more »
Plaintiff Denied Summary Judgment on Note Because of Question of Fact Regarding Whether Note Was Part of an Illegal Fee-Splitting Agreement
On October 17, 2018, the Second Department issued a decision in Linchitz Practice Mgt., Inc. v. Daat Med. Mgt., LLC, 2018 NY Slip Op. 06891, affirming the denial of summary judgment on a note because of questions of fact regarding whether the note was part of an illegal fee-splitting agreement, explaining: We agree with the Supreme Court’s… Read more »
First Department Affirms Conditional Order Striking Complaint
On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Eileen Bransten of the New York County Commercial Division in Anderson & Anderson LLP-Guangzhou v North Am. Foreign Trading Corp., 2018 NY Slip Op 06971. Although the primary question before the court was Justice Bransten’s ruling enforcing a conditional… Read more »
Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law
On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in NSB Advisors, LLC v. C.L. King & Assoc., Inc., 2018 NY Slip Op. 32533(U), refusing to vacate an arbitral award for manifest disregard of the law, explaining: It is well settled that judicial review of arbitration awards is extremely limited…. Read more »
Recognition of Alleged Loans on Partnership Books Raises Issues of Fact Regarding Statute of Limitations Precluding Dismissal
On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Emil LLC v. Jacobson, 2018 NY Slip Op. 32529(U), holding that recognition of alleged loans on a partnership’s books raised issues of fact regarding the statute of limitations for not repaying the loans, precluding dismissal, explaining: Loans which have… Read more »
Allegations of Conspiracy to Breach Contract Do Not Bar Tortious Interference Claim
On October 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision in EVEMeta, LLC v. Siemens Convergence Creators Corp., 2018 NY Slip Op. 32530(U), holding that allegations of a conspiracy to breach a contract do not bar a tortious interference claim, explaining: A claim of tortious interference with contract requires… Read more »
Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester Partners, LLC, 2018 NY Slip Op. 06711, holding that it was error to grant renewal where the movant did not justify its failure to present the new facts in the original motion, explaining: To the extent that the Supreme Court… Read more »