Blogs

Monthly Archives: August 2019

Posted: August 31, 2019

Filing Amended Complaint Did Not Moot Pending Motion to Dismiss

On August 22, 2019, the Fourth Department issued a decision in Paramax Corp. v. VoIP Supply, LLC, 2019 NY Slip Op. 06267, holding that filing an amended complaint did not moot a pending motion to dismiss, explaining: Initially, we take judicial notice of an amended complaint filed by plaintiff after Supreme Court ruled on defendants’... Read more »

Posted: August 30, 2019

Tortious Interference Claim Dismissed on Summary Judgment for Lack of Evidence That Defendant Intended to Cause Breach

On August 22, 2019, the Fourth Department issued a decision in Transpo Bus Servs., LLC v. New York Bus Sales, L.L.C., 2019 NY Slip Op. 06289, holding that a claim for tortious interference with contract was properly dismissed on summary judgment for lack of evidence that the defendant intended to cause the breach, explaining: Tortious... Read more »

Posted: August 29, 2019

Delay in Issuing Reservation of Rights Letter Did Not Waive Insurer’s Right to Disclaim Duty to Defend

On July 25, 2019, Justice Crane of the New York County Supreme Court issued a decision in American Empire Surplus Lines Ins. Co. v. Burlington Ins. Co., 2019 NY Slip Op 32221(U), holding that a CGL carrier was required to provide a defense to an additional insured for a personal injury claim, but concluding that, absent a... Read more »

Posted: August 28, 2019

Corporate Parent Not Liable Under Plaintiff’s Employment Agreement With a Subsidiary

On August 16, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Shapiro v. Ninah Consulting, Inc., 2019 NY Slip Op. 32443(U), holding that a corporate parent was not liable under the plaintiff’s employment agreement with a subsidiary, explaining: It is axiomatic that only parties to a contract can be... Read more »

Posted: August 26, 2019

Court Denies Motion to Compel Because Discovery Sought Not Material and Necessary

On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in GCS Second Ave. Owner LLC v. Merchants Hospitality Inc., 2019 NY Slip Op. 32418(U), denying a motion to compel because the discovery sought was not material and necessary, explaining: The documents belatedly requested by Defendants are not material... Read more »