Monthly Archives: October 2020

Posted: October 14, 2020

We Now Know New York’s Shut Down Of “Non-Essential” Businesses Is Unconstitutional

Posted by Elizabeth Wolstein, Partner On October 6, 2020, Governor Cuomo issued a new executive order closing “non-essential” businesses in certain zip codes based on increased COVID positivity rates in those zones.[1] Seven months into the pandemic, it is time to reevaluate the constitutionality of this approach that has so devastated small businesses. At the... Read more »

Posted: October 13, 2020

Court Enforces Contract Provision Granting Prevailing Party Double its Attorneys’ Fees

On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip Op. 05196, enforcing a contract provision granting a prevailing party double its attorneys’ fees, explaining: We disagree with the Supreme Court’s sua sponte determination that the provision of the PSA, which, in the event of litigation, allows for... Read more »

Posted: October 12, 2020

Upcoming Arguments in the Court of Appeals in October 2020

Upcoming arguments in the Court of Appeals in October 2020 that may be of interest to commercial litigators: Chen v. Ins. Co. of the State of Pennsylvania. (No. 77) APL-2019-118 (to be argued Wednesday, October 14) (“Contracts—Waiver– Whether excess insurer defendant waived argument relating to its obligation to cover interest on personal injury judgment; Motions–Reargument... Read more »

Posted: October 10, 2020

When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable

On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Lamorna Invs. Ltd. S.A. v. MG Capital Mgt. Residential Fund III L.P., 2020 NY Slip Op. 33162(U), holding that when an arbitration is governed by the ICC rules, it is for the arbitrator, not the court, to decide... Read more »

Posted: October 9, 2020

Court Analyzes Question of Whether Producing Party May Redact Irrelevant Information

On September 25, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Hansen Realty Dev. Corp. v. Sapphire Realty Group LLC, 2020 NY Slip Op. 33166(U), analyzing the question of whether a producing party may redact irrelevant information: In their moving papers, the Zhu Defendants argue Hansen does not have... Read more »

Posted: October 8, 2020

Fiduciary Duty Claims Based on Joint Venture Fail Without Provision Providing for Sharing Losses as Well as Profits

On October 1, 2020, the First Department issued a decision in Shionogi Inc. v. Andrx Labs, LLC, 2020 NY Slip Op. 05308, holding that breach of fiduciary duty claims based on an alleged joint venture fail without allegations of an agreement to share losses as well as profits, explaining: Plaintiff failed to point to cognizable... Read more »