Blogs

Monthly Archives: April 2019

Posted: April 30, 2019

Presentation on D&O Insurance Coverage for City Bar White Collar Crime Committee

Posted by Bradley Nash, Litigation Partner This evening at 6, I will be making a presentation to the White Collar Crime Committee of the New York City Bar on D&O Coverage for White Collar Defense Attorneys.  I will be discussing insurance coverage issues in the Platinum Partners hedge fund case, which is now on trial in the Eastern... Read more »

Posted: April 30, 2019

Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution

On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip Op. 02697, holding that trial court should not have sua sponte dismissed an action for want of prosecution, explaining: The Supreme Court should not have, in effect, pursuant to CPLR 3216, sua sponte, dismissed the amended complaint, as the... Read more »

Posted: April 29, 2019

Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity

On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip Op. 02663, dismissing a defamation claim for failure to plead the circumstances of the defamatory statement with particularity, explaining: The more recent statements are not actionable because plaintiff failed to set forth the exact words complained of... Read more »

Posted: April 28, 2019

Court Upholds Unfair Competition Claim Based on Theft of Trade Secrets

On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Weil v. Stenzler, 2019 NY Slip Op. 30966(U), upholding an unfair competition claim based on a theft of trade secrets, explaining: Under New York law, the primary concern in unfair competition is the protection of a business from another’s... Read more »

Posted: April 27, 2019

Conduct Amounting to Nothing More than Common Business Practice Cannot Be Basis for Aiding and Abetting Breach of Fiduciary Duty Claim

On April 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Moyal v. Tripost Capital Partners, LLC, 2019 NY Slip Op. 30947(U), holding that conduct amounting to nothing more than a common business practice cannot serve as the basis for a claim of aiding and abetting a breach of fiduciary... Read more »

Posted: April 26, 2019

Questions of Fact Preclude Decision on Whether Tenant Held-Over By Leaving Office Furniture and Equipment in Premisis

On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Roza 14W LLC v. Fordham Fin. Mgt., Inc., 2019 NY Slip Op. 30950(U), holding that questions of fact precluded a decision on whether a tenant leaving office furniture and equipment in a premises constituted a hold-over tenancy, explaining: Fordham... Read more »

Posted: April 25, 2019

Plaintiff has no Property Interest in Likeness Outside Civil Rights Law

On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jonas v. Bayer Corp., 2019 NY Slip Op. 30930(U), holding that a plaintiff had no property interest in her likeness outside that granted by the Civil Rights Law, explaining: Jonas’ second cause of action for unjust enrichment is also... Read more »

Posted: April 24, 2019

Questions of Fact Preclude Dismissal on Litigation Privilege Grounds of Claim Based on Defendant’s Alleged Pre-Ligitation Defamatory Statement

On March 25, 2019, Justice Masley of the New York County Commercial Division issued a decision in Phramus, Inc. v. Metropolitan Opera Assn., Inc., 2019 NY Slip Op. 30834(U), holding that questions of fact precluded dismissal on litigation privilege grounds of claim based on a defendant’s alleged pre-litigation defamatory statement, explaining: The court agrees with defendants... Read more »

Posted: April 22, 2019

Client Q & A: Three Questions To Ask If Your Business Is Sued For Being Allegedly Inaccessible To Wheelchair Users

Three Questions To Ask If Your Business Is Sued For Being Allegedly Inaccessible To Wheelchair Users By Elizabeth Wolstein The explosion of website accessibility lawsuits under the Americans with Disabilities Act (“ADA”) has been getting a lot of attention. These cases raise interesting legal, practical, and philosophical issues that we hope to address in future... Read more »