On December 13, 2019, Justice Sherwood of the New York County Division issued a decision in Citigroup Global Mkts. Inc. v. SCIP Capital Mgt., LLC, 2019 NY Slip Op. 33633(U), dismissing a claim for breach of the covenant of good faith and fair dealing as duplicative of a breach of contract claim, explaining: It is... Read more »
Monthly Archives: December 2019
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individual practices.
On December 20, 2019, the Fourth Department issued a decision in John Mezzalingua Assoc., LLC v. Travelers Indem. Co., 2019 NY Slip Op. 09157, holding that documents prepared for uses other than litigation cannot be withheld from production even though they also were prepared for litigation, explaining: CPLR 3101 establishes three categories of protected materials:... Read more »
Justice Andrea Masley of the New York County Commercial Division recently updated her individual practices.
On December 19, 2019, the Court of Appeals issued a decision in Centi v. McGillin, 2019 NY Slip Op. 09058, holding that a loan contract was enforceable even though the loan was made from the proceeds of illegal gambling, explaining: Given our strong public policy favoring freedom of contract, agreements are generally enforceable by their... Read more »
On December 13, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in Marcum LLP v. Fazio, Mannuzza, Roche, Tankel, Lapilusa, LLC, 2019 NY Slip Op. 52010(U), analyzing successor liability under the de facto merger doctrine: The plaintiff seeks leave to amend the complaint to add PKF O’Connor Davies, LLP, f/k/a O’Connor... Read more »
The Office of Court Administration has asked for public comment on a proposed amendment to Commercial Division Rule 6 to “to require legal memoranda to include hyperlinks to NYSCEF docket entries when those documents are cited and to allow judges discretion in determining whether to require hyperlinking for cases, statutes, and rules to legal database... Read more »
On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman, 2019 NY Slip Op. 08936, holding that interlocutory arbitral awards are not subject to judicial review, explaining: The arbitrator’s orders were issued in connection with the sale process that followed the issuance of a partial final arbitral... Read more »
On December 17, 2019, the First Department issued a decision in Norddeutsche Landesbank Girozentrale v. Tilton, 2019 NY Slip Op. 08965, holding that a trial court properly declined to decide the question of a plaintiff’s reasonable reliance on summary judgment, explaining: Summary judgment is precluded by issues of fact as to whether plaintiffs’ losses were... Read more »
On December 17, 2019, the First Department issued a decision in Clark Tower, LLC v. Wells Fargo Bank, N.A., 2019 NY Slip Op. 08975, holding that a New York court lacked jurisdiction to enjoin the sale of real estate in another state, explaining: The courts of one State may not decide issues directly affecting title... Read more »