Blogs

Monthly Archives: February 2021

Posted: February 28, 2021

Exchange of E-Mails Insufficient to Create Contract, but Could Serve as Basis of Unjust Enrichment Claim

On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant LLC, 2021 NY Slip Op. 01135, holding that an exchange of e-mails was insufficient to create a contract, but could serve as the basis of an unjust enrichment claim, explaining: Regarding SP’s breach of contract claim, the relevant provision... Read more »

Posted: February 27, 2021

Second Department Upholds Sanction for Failure to Appear at Deposition

On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. v. Geller Law Group, P.C., 2021 NY Slip Op. 01034, upholding sanctions for failure to appear at a deposition, explaining: The defendants’ attorney attempted to confirm the date of Geller’s continued deposition by email on December 26, 2018, and January... Read more »

Posted: February 26, 2021

Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure

On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bridgecity Capltal QOB LLC v. 1717 E. 8 St LLC, 2021 NY Slip Op. 30406(U), holding that the pandemic-related foreclosure stay did not apply to a commercial foreclosure, explaining: Executive Order 202.28 provides that: There shall be no initiation... Read more »

Posted: February 25, 2021

Plaintiffs Cannot Avoid Application of Liquidated Damages Clause

On February 8, 2021, Justice Sherwood of the New York County Commercial Division issued a decision in Raven Capital Mgt. LLC v. Georgia Film Fund 72, LLC, 2021 NY Slip Op. 30393(U), rejecting plaintiffs’ attempt to avoid the application of a liquidated damages clause, explaining: Defendant successfully argues that plaintiffs cannot recover more than the... Read more »

Posted: February 24, 2021

Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim

On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly, 2021 NY Slip Op. 00833, holding that conclusory allegations were an insufficient basis for a Judiciary Law 487 claim, explaining: Under Judiciary Law § 487(1), an attorney who is guilty of any deceit or collusion, or consents to... Read more »

Posted: February 23, 2021

Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss

On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Olam Corp. v. Thayer, 2021 NY Slip Op 30345(U), holding that leave to amend a complaint should be denied if the proposed complaint could not survive a motion to dismiss, explaining: The Court supplements its oral decision to... Read more »

Posted: February 22, 2021

In re London Silver Fixing, Ltd. Antitrust Litigation — Settlement Update

In In re London Silver Fixing, Ltd. Antitrust Litigation, Nos. 14-MD-02573, 14-MC-02573 (S.D.N.Y.), class plaintiffs have submitted briefing in support of a proposed settlement (the “Settlement”) with various Deutsche Bank-related defendants (“Deutsche Bank”). As reported in previous posts, this litigation concerns allegations that Deutsche Bank and other financial institutions participated in manipulations of “the fix”,... Read more »

Posted: February 22, 2021

Plaintiff Fails to Make Strong Showing Needed to Avoid Enforcement of Forum Selection Clause

On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Stein v. United Wind, Inc., 2021 NY Slip Op. 50095(U), holding that a plaintiff had failed to make the strong showing needed to avoid the enforcement of a forum selection clause, explaining: The plaintiffs signed the subscription agreements, on... Read more »

Posted: February 21, 2021

Defamation Claim Dismissed Because Statements Complained of Were Statements of Opinion

On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners, 2021 NY Slip Op. 00794, upholding the dismissal of a defamation claim because the statements complained of were statements of opinion, explaining: Analyzing the complained-of statements according to the factors to be considered in distinguishing between fact and... Read more »

Posted: February 20, 2021

State AG Can Bring Breach of Contract Claim Against Investment Advisor Under Parens Patriae

On February 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in People v. Allen, 2021 NY Slip Op. 30334(U), holding that the state Attorney General can bring a breach of contract claim against an investment advisor, explaining: [D]efendants argue that their alleged conduct at most constitutes a breach of... Read more »