Daily Archives: Thursday, October 29, 2020

Posted: October 29, 2020

Contract Based on Exchange of E-Mails Valid Where Material Terms Included in the E-Mails

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 »

Posted: 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 »

Posted: October 29, 2020

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 »