Blogs

Monthly Archives: October 2019

Posted: October 4, 2019

Action is Not First Filed Action for CPLR 3211(a)(4) Purposes if Summons With Notice is Not Followed by Complaint

On September 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision in MAC Presents, LLC v. C Lewis Group, LLC, 2019 NY Slip Op. 32807(U), holding that an action brought by a summons with notice is not a first-filed action for purposes of CPLR 3211(a)(4) if that summons with notice... Read more »

Posted: October 2, 2019

Court Dismisses Conversion Claim Based on Copying Electronic Files

On September 19, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Center for Rheumatology, LLP v. Shapiro, 2019 NY Slip Op. 51511(U), dismissing a conversion claim based on the copying of electronic files, explaining: Defendant argues that plaintiffs have not stated a claim for conversion because they have failed to... Read more »

Posted: October 1, 2019

Defendant’s Acknowledgement of Existence of Oral Contract Defeats Statute of Frauds Defense

On September 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in CAS Mktg. & Licensing Co. v. Jay Franco & Sons, Inc., 2019 NY Slip Op. 32732(U), holding that a defendant’s acknowledgement of an oral contract defeated the statute of frauds, explaining: As the Court of Appeals has explained,... Read more »