Blogs

Monthly Archives: October 2020

Posted: October 31, 2020

CPLR 3215(c) Requires Only That Plaintiff Move for Default Within One Year, Not That a Default Judgment Be Entered Within One Year

On October 14, 2020, the Second Department issued a decision in Onewest Bank, FSB v. Kanapathipillai, 2020 NY Slip Op. 05764, holding that CPLR 3215(c) requires only that a plaintiff move for a default judgment within one year, not that a default judgment be entered within one year, explaining: The defendant contends that the plaintiff... Read more »

Posted: October 30, 2020

Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender

On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh & Assoc., Inc., 2020 NY Slip Op. 05792, holding that a malpractice claim against an appraiser did not accrue when the appraiser issued the appraisal, but rather when the client received the appraisal, explaining: The three-year statute of limitations... Read more »

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 28, 2020

Contract Void for Lack of Consideration

On October 13, 2020, the First Department issued a decision in Weisenfeld v. Iskander, 2020 NY Slip Op. 05710, holding that a contract was void for lack of consideration, explaining: The alleged agreement also fails for a lack of consideration. Plaintiff’s claim that her father told her that he would help locate other investors as... Read more »

Posted: October 27, 2020

Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded

On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in CPI Aerostructures, Inc. v. Air Indus. Group, 2020 NY Slip Op. 33249(U), holding that a motion for relief under Article 76 cannot be made in an earlier action that has been concluded, explaining: In the notice of motion... Read more »

Posted: October 26, 2020

Court Issues Injunction, Enforcing Contract Term Providing that There Would be No Remedy At Law in the Event of Breach

On October 13, 2020, the First Department issued a decision in Vector Media, LLC v. Go New York Tours Inc., 2020 NY Slip Op. 05707, enforcing a contract term providing that there would be no remedy at law in the event of a breach, explaining: The court providently exercised its discretion in granting the preliminary... Read more »

Posted: October 25, 2020

Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction

On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Fava v. Morgan Stanley Smith Barney, Inc., 2020 NY Slip Op. 33358(U), holding that a party cannot participate in an arbitration without challenging its jurisdiction in court and later seek to vacate an award based on lack of... Read more »

Posted: October 24, 2020

Tortious Interference Claim Fails Without Allegations of Wrongful Means

On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Slice Bus. Mktg., Inc. v. Kipp, 2020 NY Slip Op. 33361(U), holding that a tortious interference claim failed without allegations of wrongful means, explaining: The elements of interference with contract are the existence of a valid contract, defendant’s... Read more »