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 »
Blogs
Monthly Archives: August 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 »
Breach of Oral Contract Claim Barred by Statute of Frauds
On August 21, 2019, the Second Department issued a decision in Martin Greenfield Clothiers, Ltd. v. Brooks Bros. Group, Inc., 2019 NY Slip Op. 06225, holding that a claim for breach of an oral contract was barred by the statute of frauds, explaining: Pursuant to the terms of an alleged oral agreement, the plaintiff, a... Read more »
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 »
Plaintiff That Did Not Sign Contract Lacked Standing to Bring Breach of Contract Claim
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Spinosa v Interpublick Group of Cos., Inc., 2019 NY Slip Op. 32406(U), holding that a plaintiff that did not sign a contract lacked standing to bring a claim for breach of that contract, explaining: Here, it is undisputed... Read more »
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 »
Complaint Fails Because of Insufficient Affidavit of Service
On August 21, 2019, the Second Department issued a decision in Aurora Loan Servs., LLC v. Revivo, 2019 NY Slip Op. 06210, affirming the dismissal of a complaint because the affidavit of service failed sufficiently to show compliance with the CPLR, explaining: At the hearing, a process server testified for the plaintiff that he served... Read more »
Malpractice Claim Partially Barred by In Pari Delicto Defense
On August 21, 2019, the Second Department issued a decision in Gobindram v. Ruskin Moscou Faltischek, P.C., 2019 NY Slip Op. 06190, affirming the partial dismissal of a legal malpractice claim on in pari delicto grounds, explaining: The doctrine of in pari delicto mandates that the courts will not intercede to resolve a dispute between... Read more »
Documents Not Prepared in Anticipation of Litigation Not Entitled to Work-Product Protection
On August 7, 2019, Justice Borrok of the New York County Commerical Division issued a decision in Spicer v. Gardaworld Consulting (UK) Ltd., 2019 NY Slip Op. 32375(U), holding that documents that were not prepared in anticipation of litigation are not entitled to work product protection, explaining: Gardaworld argues that the Post-Closing Documents are not... Read more »
Client’s Failure Timely to Dispute Bills Entitles Law Firm to Summary Judgment on Account Stated Claim
On August 1, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2019 NY Slip Op. 32308(U), holding that a client’s failure timely to dispute bills entitled the law firm to summary judgment on an account stated claim, explaining: An account stated... Read more »