Monthly Archives: March 2019

Posted: March 31, 2019

Fraud Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim

On March 19, 2019, the First Department issued a decision in Ohm NYC LLC v. Times Sq. Assoc. LLC, 2019 NY Slip Op. 02034, holding that a fraud claim should not have been dismissed as duplicative of a breach of contract claim, explaining; The complaint alleges multiple instances of defendants misrepresenting to plaintiff that the Bridge, a... Read more »

Posted: March 30, 2019

Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts

On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros Intl. PLC v. Mangrove Partners, 2019 NY Slip Op, 30604(U), dismissing a defamation claim because it was based on conclusions drawn from undisputed facts, explaining: Under New York law, a claim for defamation must allege a false... Read more »

Posted: March 28, 2019

Fraud Claim Dismissed for Failure to Allege Who Made Misrepresentation and Where, When and How it was Made

On March 12, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Q Semiconductor Inc. v. GlobalFoundries U.S. 2 LLC, 2019 NY Slip Op. 30603(U), dismissing a fraud claim for failure to plead it with particularity, explaining: CPLR 3016 provides that where a cause of action or defense is based upon... Read more »

Posted: March 27, 2019

Claims Relating to Injury to LLC Permissible Direct Claims When They Also Relate to Separate Injury to Plaintiff

On March 12, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Beatrice Invs., LLC v. 940 Realty LLC, 2019 NY Slip Op. 30605(U), holding that claims relating to injury to an LLC were permissible direct claims when they also related to a separate injury to the plaintiff, explaining: Defendants argue... Read more »

Posted: March 26, 2019

Lawsuits Filed Over Eurozone Bond Bid-Ask Rigging

On March 22, 2019, the Ohio Carpenters’ Pension Fund filed a proposed antitrust class action in the Southern District of New York. The complaint alleges that Bank of America and NatWest (f/k/a RBS) conspired to rig the bid-ask spreads of Eurozone government bonds between 2007 and 2012. The complaint specifically alleges that the defendants were... Read more »

Posted: March 26, 2019

Court Denies Motion to Dismiss Malpractice Claim Relating to Settlement Despite Plaintiff’s Allocution to the Settlement Terms

On March 7, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Rosenberg Feldman Smith, LLP v. Ninety Five Madison Co., L.P., 2019 NY Slip Op. 30582(U), denying a motion to dismiss a legal malpractice claim, explaining: To state a claim for legal malpractice, the movant must establish that an attorney failed... Read more »

Posted: March 25, 2019

Once Claim on Principal is Time-Barred, Suit to Recover Post-Maturity Interest on Principal is Time-Barred as Well

On March 21, 2019, the Court of Appeals issued a decision in Ajdler v. Province of Mendoza, 2019 NY Slip Op. 02151, holding that once a claim on a bond’s principal is time-barred, a claim for post-maturity interest on that principal is time-barred as well, explaining: Plaintiff maintains that the logical extension of our holding... Read more »