On June 18, 2019, the First Department issued a decision in SpringPrince, LLC v. Elie Tahari, Ltd., 2019 NY Slip Op. 04885, holding that a subsequent agreement reducing a tenant’s rent obligations was insufficient to discharge a guarantor’s obligations under the initial contract, explaining: Plaintiff’s motion for summary judgment in lieu of complaint was properly... Read more »
Blogs
Monthly Archives: June 2019
Protected Purchaser Provision of UCC 8-303 Does Not Defeat Claims
On June 18, 2019, the First Department issued a decision in Black Diamond Capital Mgt., LLC v. Oppenheimer Master Loan Fund, LLC, 2019 NY Slip Op. 04890, holding that the protected purchaser provision of UCC 8-303 did not defeat a plaintiff’s claims, explaining: The “protected purchaser” provision of UCC 8-303 does not entitle Eaton to... Read more »
Communications Seeking Legal Advice Through Third-Parties Privileged
On June 18, 2019, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer, 2019 NY Slip Op. 04896, holding that communications seeking legal advice made through third parties nonetheless were privileged, explaining: Nonparty respondents were seeking legal advice through third parties and had a reasonable expectation that their communications would remain... Read more »
Client Can Seek to Recoup Fees Paid to Counsel that had an Alleged Conflict of Interest
On June 19, 2019, the Second Department issued a decision in Baugher v. Cullen & Dykman, LLP, 2019 NY Slip Op. 04904, holding that a client could assert a claim to recoup fees paid to counsel that had an alleged conflict of interest, explaining: An attorney who violates a disciplinary rule may be discharged for... Read more »
Claim Barred by Election of Remedies
On June 13, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Inferno Rest. & Pizzeria, Inc. v. SW Michaels Pizzeria, Inc., 2019 NY Slip Op. 50995(U), holding that a counterclaim was barred by the defendants’ election of remedies, explaining: Waiver is the voluntary and intentional relinquishment of a known right.... Read more »
Court Refuses to Vacate Arbitration Award for Manifest Disregard of the Law
On June 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Werner Worldwide Holding Co., LP v. Werner US Sub Holding, Inc., 2019 NY Slip Op. 31691(U), refusing to vacate an arbitral award for manifest disregard of the law, explaining: Under CPLR ยง 7511(b)(1)(iii), an arbitration award may be... Read more »
Non-Client Adequately Alleged Fiduciary Duty Claims Against Law Firm
On June 11, 2019, the First Department issued a decision in Devlin v. Greenberg Traurig, LLP, 2019 NY Slip Op. 04653, holding that a non-client had adequately alleged breach of fiduciary claims against a law firm, explaining: The court dismissed the fiduciary duty claim on the ground that there was no fiduciary relationship between the... Read more »
Changing a Draft Contract Proffered by Counterparty Extinguishes Offered Contract and Represents a Counteroffer
On June 13, 2019, the First Department issued a decision in Brown v. Cerberus Capital Mgt., L.P., 2019 NY Slip Op. 04772, holding that changing a draft contract proffered by a counterparty extinguishes the offered contract and only represents a counteroffer, explaining: Contrary to defendants’ contention, Brown did not release her claims. The purported release... Read more »
GBL 13 Claim for Malicious Service of Process on the Sabbath Dismissed for Lack of Allegations of Malice
On May 28, 2019 Justice Knipel of the Kings County Commercial Division issued a decision in Hargrove v. Hargrove-Boynton, 2019 NY Slip Op. 31632(U), dismissing a GBL 13 claim for malicious service on the sabbath for lack of allegations of malice, explaining: Contrary to defendant’s contention, she is not entitled to a hearing on whether... Read more »
Group Pleading Renders Fraud Claim Insufficient
On June 7, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Arent Fox LLP v. JDN AA, LLC, 2019 NY Slip Op. 31593(U), holding that group pleading rendered a fraud claim insufficient, explaining: The newly added causes of action reference alleged conduct by “Defendant” or “Defendants,” without distinguishing between... Read more »