Blogs

Monthly Archives: January 2021

Posted: January 30, 2021

Corporation May Avoid Prohibition on Corporation Appearing Pro Se by Assigning Claim

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 »

Posted: January 29, 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 »

Posted: January 28, 2021

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 »

Posted: January 26, 2021

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 »

Posted: January 25, 2021

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 »

Posted: January 24, 2021

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 »

Posted: January 23, 2021

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 »

Posted: January 22, 2021

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 »

Posted: January 21, 2021

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 »