Blogs

Monthly Archives: May 2020

Posted: May 31, 2020

Failure to Make Demand Dooms Conversion Claim

On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Reliable Abstract Co., L.L.C., 2020 NY Slip Op. 31293(U), holding that the failure to make a demand for the return of property doomed a conversion claim, explaining: The tort of conversion is established when... Read more »

Posted: May 30, 2020

Spoliation Sanctions Not Justified When Party Preserved Documents When it Became Aware That Litigation Was Probable

On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., 2020 NY Slip Op. 02987, holding that spoliation sanctions were not appropriate when a party preserved evidence as soon as it became aware that litigation was probable, explaining: Spoliation sanctions are available regardless of... Read more »

Posted: May 29, 2020

Liquidated Damages Provision Eliminates Need for Plaintiff to Mitigate Damages

On April 24, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Gorelick v. Cushman & Wakefield, Inc., 2020 NY Slip Op. 31298(U), holding that a liquidated damages clause eliminates the need for the plaintiff to mitigate its damages, explaining: Plaintiff moves to dismiss the Third Affirmative Defense, which alleges... Read more »

Posted: May 28, 2020

Providing Legal Advice to Person Accused of Fraud Insufficient to Support Aiding and Abetting Claim

On April 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Space Race, LLC v. Alabama Space Science Exhibit Commn., 2020 NY Slip Op. 31299(U), holding that providing legal advice to a person accused of fraud is an insufficient basis for a claim of aiding and abetting fraud, explaining:... Read more »

Posted: May 27, 2020

Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue

On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Halperin v. Van Dam, 2020 NY Slip Op. 31301(U), holding that a lawyer cannot avoid a malpractice claim by arguing that the client had access to sufficient facts to evaluate a legal issue, explaining: To sustain a cause... Read more »

Posted: May 26, 2020

Continuing Wrong Doctrine Does Not Save Plaintiff’s Claims From Being Time-Barred

On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Marjay N10, LLC v. Yashar, 2020 NY Slip Op. 31279(U), holding that the continuing wrong doctrine did not save the plaintiffs’ claims from being time-barred, explaining: Under CPLR ยง 3211(a)(5), Defendants bear the initial burden of establishing, prima... Read more »

Posted: May 25, 2020

Court Analyzes Negligence and Fraud Claims Against Appraiser

On May 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shavolian v. Donegan, 2020 NY Slip Op. 31181(U), analyzing negligence and fraud claims against an appraiser: To establish a cause of action sounding in negligence, Shavolian must establish the existence of a duty on Defendants’ part to Shavolian,... Read more »

Posted: May 24, 2020

To State a Conspiracy to Breach Fiduciary Duty Claim, All Alleged Conspirators Must Owe Fiduciary Duties

On May 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Sands Bros. Venture Capital II, LLC v. Metropolitan Paper Recycling, Inc., 2020 NY Slip Op. 50568(U), dismissing a claim for conspiracy to breach a fiduciary duty because not all the conspirators were alleged to have such duties, explaining:... Read more »

Posted: May 22, 2020

Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely

On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag & Bone Holdings LLC v. Hand Baldachin & Assoc. LLP, 2020 NY Slip Op. 31149(U), holding that the continuous representation doctrine saved a legal malpractice claim from dismissal, explaining: Defendants contend that the legal malpractice claim must... Read more »