On January 14, 2021, Justice Sherwood of the New York County issued a decision in Anthony T. Rinaldi, LLC v. Anchorage Constr. Corp., 2021 NY Slip Op. 30126(U), holding that a corporation may avoid the prohibition on a corporation appearing pro se by assigning its claim, explaining: Plaintiffs motion to dismiss must be denied. Though... Read more »
Blogs
Monthly Archives: January 2021
Traverse Hearing Required When Defendant Defeats Prima Facie Validity of Affidavit of Service
On January 20, 2021, the Second Department issued a decision in US Bank N.A. v. Joseph, 2021 NY Slip Op. 00323, ordering a traverse hearing when the defendant defeated the prima facie validity of an affidavit of service, explaining: The court does not have personal jurisdiction over a defendant when a plaintiff fails to properly... Read more »
Fraud Claim Fails for Lack of Justifiable Reliance
On January 19, 2021, the First Department issued a decision in United Natural Foods, Inc. v. Goldman Sachs Group, 2021 NY Slip Op. 00276, holding that a fraud claim failed for lack of justifiable reliance, explaining: The fraud claim was properly dismissed because plaintiff did not sufficiently plead justifiable reliance. Plaintiff could have asked follow-up... Read more »
Account Stated Claim Prevails Because of Defendant’s Failure Timely to Object to Invoices
On January 19, 2021, the First Department issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2021 NY Slip Op. 00260, holding that an account stated claim prevailed because of the defendant’s failure timely to object to the plaintiff’s invoices, explaining: Plaintiffs made a prima facie showing of entitlement to judgment on... Read more »
Non-Consumer Can Bring GBL 349 Claim if Public at Large Has Been Harmed
On January 19, 2021, the First Department issued a decision in KS Trade LLC v. International Gemological Inst., Inc., 2021 NY Slip Op. 00259, holding that a non-consumer can bring GBL 349 claims if the public at large has been harmed, explaining: The court properly upheld the claim under GBL 349 against defendants International Gemological... Read more »
Contract’s Requirement That Party Accept “Reasonable” Purchase Offers Enforceable
On January 13, 2021, the Second Department issued a decision in LMEG Wireless, LLC v. Farro, 2021 NY Slip Op. 00164, holding that a contract’s requirement that a party accept “reasonable” purchase offers was enforceable, explaining: Here, the first three causes of action alleged that the defendant committed breach of contract as to each plaintiff... Read more »
Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104, holding that parties that did not sign or benefit from an agreement containing an arbitration provision is not required to arbitrate, explaining: As the arbitration provisions at issue do not clearly and unequivocally provide that questions... Read more »
Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in BDO USA, LLP v. Stiles, 2021 NY Slip Op. 30064(U), holding that a tortious interference claim cannot be based on an agreement to at-will employment, explaining: To establish a claim of tortious interference with contract, the plaintiff must... Read more »
Court Denies Motion to Seal Documents Because of Failure to Prove Their Sensitivity
On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in Hobish v. AXA Equit. Life Ins. Co., 2020 NY Slip Op. 34378(U), denying a motion to seal documents because of the movant’s failure to prove their sensitivity, explaining: Section 216.1 (a) of the Uniform Rules for Trial Courts... Read more »
Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Victoria’s Secret Stores, LLC v. Herald Sq. Owner LLC, 2021 NY Slip Op. 50010(U), holding that a commercial tenant was not excused from paying rent during state-ordered pandemic store closures, explaining: The Complaint is premised on the mistaken... Read more »