Blogs

Monthly Archives: March 2021

Posted: March 31, 2021

Plaintiff May Not Terminate Contract Without Observing Contract’s Termination Procedures

On February 28, 2021, Justice Sherwood of the New York County Commercial Division issued a decision in M&C N.Y. (Times Sq.), LLC v. Accor Mgt. US Inc., 2021 NY Slip Op. 30711(U), holding that a party could not terminate a contract without observing the contract’s termination procedures, explaining: Defendant’s motion to dismiss pursuant to CPLR... Read more »

Posted: March 30, 2021

Accountant May Rely On Information Provided By Client That Does Not Appear to Be Incorrect, Incomplete or Inconsistent

On March 25, 2021, the First Department issued a decision in Deane v. Brodman, 2021 NY Slip Op. 01842, holding that an accountant may rely on information provided by a taxpayer unless it appears to be incorrect, incomplete or inconsistent, explaining: Defendants are entitled to summary judgment dismissing the professional negligence claims asserted against them... Read more »

Posted: March 29, 2021

Statute of Limitations for Breach of Fiduciary Duty Claim Based on Fraud is Six Years, Not Three

On March 25, 2021, the First Department issued a decision in Wimbledon Fin. Master Fund, Ltd. v. Hallac, 2021 NY Slip Op. 01881, holding that the statute of limitations for a breach of fiduciary duty claim based on fraud was six years, explaining: The first and second causes of action — for aiding and abetting... Read more »

Posted: March 27, 2021

New York’s Foreclosure Ban Did Not Bar Action for Foreclosure, Just Enforcement of the Judgment and Sale of Property

On March 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Natixis, N.Y. Branch v. 20 TSQ Lessee LLC, 2021 NY Slip Op. 50249(U), holding that the New York foreclosure ban did not bar an action for foreclosure, just the enforcement of the judgment of foreclosure and sale of... Read more »

Posted: March 26, 2021

Evidentiary Hearing on Service Required When Defendant Overcomes Prima Facie Validity of Affidavit of Service

On March 19, 2021, the Fourth Department issued a decision in Garvey v. Global Asset Mgt. Solutions, Inc., 2021 NY Slip Op. 01664, holding that there must be an evidentiary hearing on service when a defendant overcomes the prima facie validity of an affidavit of service, explaining: Plaintiff initially contends that the court should have... Read more »

Posted: March 25, 2021

One Motion Rule Bars Parties’ Second Motions for Summary Judgment

On March 19, 2021, the Fourth Department issued a decision in Magic Circle Films Intl., LLC v. Breon, 2021 NY Slip Op. 01673, holding that the one motion rule barred successive summary judgment motions, explaining: Generally, successive summary judgment motions are disfavored absent newly discovered evidence or other sufficient cause. Here, we conclude that the... Read more »

Posted: March 24, 2021

Common Interest Privilege Does No Protect Materials Produced to the Federal Emergency Management Agency

On March 9, 2021, Justice Borrok of the New York County Commercial Division issued a decision in New York Univ. v. Turner Constr. Co., 2021 NY Slip Op. 30823(U), holding that the common interest privilege does not protect materials produced to the Federal Emergency Management Agency, explaining: Turner’s motion to compel is granted. The common... Read more »

Posted: March 23, 2021

COVID Eviction Ban Does Not Bar Action for Money Judgment Against Corporate Tenant

On January 13, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Able Motor Cars Corp. v. Three Bros. Chinese Cuisine Inc., 2021 NY Slip Op. 30716(U), holding that city and state COVID eviction bans did not bar an action for a money judgment against a corporate tenant, explaining: Local Law... Read more »