Blogs

Monthly Archives: January 2019

Posted: January 11, 2019

Breach of Fiduciary Duty Claim Dismissed Under Business Judgment Rule

On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision in IsZo Capital LLP. v. Bianco, 2018 NY Slip Op. 33384(U), dismissing a breach of fiduciary claim under the business judgment rule, explaining: Plaintiffs allege Defendant Bianco failed to consent to refinancing the 111 W. 57th Street project, resulting in... Read more »

Posted: January 10, 2019

Court Imposes Preclusion Sanction on Defendant for Spoliation of Evidence

On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., 2018 NY Slip Op. 33385(U), imposing a preclusion sanction on a defendant for spoliation of evidence, explaining: Under the common law doctrine of spoliation, dismissal is appropriate where key... Read more »

Posted: January 9, 2019

Questions of Fact Preclude Summary Judgment on Claim for Deletion of Work in Construction Contract

On December 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Graciano Corp. v. Lanmark Group, Inc., 2018 NY Slip Op. 33388(U), holding that questions of fact precluded summary judgment on a claim for deletion of work from a construction contract, explaining: Graciano argues that it was justified in stopping work... Read more »

Posted: January 8, 2019

Questions of Fact Preclude Summary Judgment Regarding Whether Plaintiff’s Reliance on Alleged Misrepresentations Was Reasonable

On December 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision Norddeutsche Landesbank Girozentrale v. Tilton, 2018 NY Slip Op. 33386(U), holding that questions of fact precluded summary judgment on a fraud claim based on the issue of the plaintiff’s reliance on the alleged misrepresentations, explaining: Defendants argue Plaintiffs fail to adequately... Read more »

Posted: January 7, 2019

Tortious Interference Claim Dismissed on Summary Judgment

On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Capital Stack, LLC v. Raharney Capital, LLC, 2018 NY Slip Op. 33389(U), dismissing a tortious interference claim on summary judgment, explaining: Capital Stack also seeks summary judgment with respect to its fifth cause of action, for Rahamey’s tortious interference with... Read more »

Posted: January 7, 2019

Intentional Acts Covered Under CGL Policy Where Insured Did Not Intend “Specific Harmful Result”

On December 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v Don Buchwald & Assoc., Inc., 2018 NY Slip Op 33325(U), holding that an intentional tort could be a covered occurrence, triggering a CGL insurer’s duty to defend. This insurance coverage case arose from... Read more »

Posted: January 4, 2019

Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment

On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Coast to Coast Energy, Inc. v. Gasarch, 2018 NY Slip Op. 33350(U), rejecting conclusory statements in party affidavits submitted in support of summary judgment, explaining: [T]he Court notes that many of the Plaintiffs factual contentions are brought by... Read more »