Monthly Archives: June 2019

Posted: June 29, 2019

Subsequent Agreement Reducing Tenant’s Rent Obligations Insufficient to Discharge Guarantor’s Obligations Under Initial Contract

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 »

Posted: June 27, 2019

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 »

Posted: June 26, 2019

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 »

Posted: June 25, 2019

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 »

Posted: June 24, 2019

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 »

Posted: June 22, 2019

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 »

Posted: June 21, 2019

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 »

Posted: June 20, 2019

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 »