Blogs

Monthly Archives: July 2020

Posted: July 31, 2020

Accounting Claim Dismissed for Failure Adequately to Allege a Fiduciary Relationship

On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Karen’s Shipping, LLC v. West Side Foods, Inc., 2020 NY Slip Op. 32347(U), dismissing an accounting claim for failure adequately to allege a fiduciary relationship, explaining: To demonstrate entitlement to equitable accounting, a plaintiff must establish (i) the... Read more »

Posted: July 30, 2020

Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant’s Claim That He Did Not Live There

On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32355(U), holding that service on a doorman at the address shown in the defendant’s DMV records was sufficient service despite the defendant’s claim that he did not live there, explaining:... Read more »

Posted: July 29, 2020

Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis

To employers, having key employees sign non-competition agreements can be crucial to their business needs.  In today’s business environment, competition is fierce and in the information age, brain power and professional knowledge are indispensable business assets.  As such, the enforceability of non-competition agreements is one of the most common questions clients ask about.  In general,... Read more »

Posted: July 29, 2020

Court Upholds Arbitrator’s Sanctions Award

On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Vitra, Inc. v. Ninety-Five Madison Co., L.P., 2020 NY Slip Op. 32389(U), confirming an arbitrator’s award of sanctions, explaining: In motion sequence six, Ninety-Five Madison moves to vacate the Second Partial Final Award and August 2019 Order. Leading... Read more »

Posted: July 28, 2020

Tortious Interference Claim Fails for Lack of Allegations of Malice or Illegal Means

On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan, 2020 NY Slip Op. 04136, affirming the dismissal of a tortious interference claim for lack of allegations of malice or illegal means, explaining: To prevail on a cause of action to recover damages for tortious interference... Read more »

Posted: July 23, 2020

Indenture Did Not Permit Trustee to Sue to Protect Investor’s Rights Until There was an Event of Default

On July 16, 2020, Justice Schecter of the New York County Commercial Division issued a decision in UMB Bank, N.A. v. Neiman Marcus Group, Inc., 2020 NY Slip Op. 20170, holding that an indenture did not permit a trustee to sue to protect investor’s rights until there was an event of default, explaining: Whether the... Read more »

Posted: July 22, 2020

Continuous Representation Doctrine Saves Legal Malpractice Action from Being Time-Barred

On July 15, 2020, the Second Department issued a decision in Keshner v. Hein Waters & Klein, 2020 NY Slip Op. 03907, holding that the continuous representation doctrine saved a legal malpractice claim from being time-barred, explaining: The statute of limitations for a cause of action alleging legal malpractice is three years. However, causes of... Read more »