On October 15, 2020, the First Department issued a decision in Lembo v. Rosania, 2020 NY Slip Op. 05816, holding that a contract existed based on an exchange of e-mails even though non-material terms of the agreement were left for later negotiation, explaining: The court properly denied dismissal of plaintiff’s breach of contract claim. The... Read more »
Blogs
Daily Archives: Thursday, October 29, 2020
Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings
The Office of Court Administration has asked for public comment on a proposed new Commercial Division rule regarding remote proceedings. The proposed new rule would provide: (1) If the requirements of paragraph (3) are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trial utilizing video technology.... Read more »
Insurer Had No Duty to Defend Complaint Alleging Intentional Assault Despite Conclusory Allegations of Negligence
Posted by Bradley J. Nash, Litigation Partner On August 20, 2020, the Fourth Department issued a decision in Scalzo v. Central Co-op. Ins. Co., 2020 NY Slip Op 04639, holding that an intentional assault was excluded from coverage under a liability policy, despite conclusory language in the complaint asserting a negligence claim in the alternative.... Read more »