Blogs

Monthly Archives: May 2021

Posted: May 31, 2021

Trespass to Chattels Claim Dismissed for Lack of Allegations Showing That Plaintiff was Deprived of its Property for a Substantial Time

On May 17, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Marlborough Gallery, Inc. v. Levai, 2021 NY Slip Op. 31677(U), dismissing a trespass to chattels claim for lack of allegations showing that the plaintiff’s property was injured or that the plaintiff was deprived of its property for a... Read more »

Posted: May 27, 2021

Pandemic Does Not Excuse Commercial Tenant’s Obligations Under Lease

On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo Boss Retail, Inc. v. A/R Retail, LLC, 2021 NY Slip Op. 50458(U), holding that the Covid-19 pandemic did not excuse a commercial tenant’s obligations under its lease, explaining: A number of New York courts assessing commercial lease... Read more »

Posted: May 26, 2021

Fraudulent Inducement Claim Survives Despite Defendant’s Argument That Plaintiff Failed to Exercise Due Diligence

On May 25, 2021, the First Department issued a decision in VXI Lux Holdco, S.A.R.L. v. SIC Holdings, LLC, 2021 NY Slip Op. 03294, upholding a fraudulent inducement claim despite the defendant’s argument that the plaintiff failed to exercise due diligence, explaining: Plaintiff alleges that the $3 million tax underpayment, which was an unaccounted expense,... Read more »

Posted: May 24, 2021

Service of a Subpoena on One Member of a Partnership is Insufficient to Compel the Appearance of Another Partner

On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v. Rubashkin, 2021 NY Slip Op. 31607(U), holding that service of a subpoena on one member of a partnership is insufficient to compel the appearance of another partner at a deposition, explaining: Turning to the initial branch of... Read more »

Posted: May 23, 2021

Fraud Claim Cannot be Based on Misrepresentations of an Intention to Perform a Contract

On May 13, 2021, the First Department issued a decision in 320 W. 115 Realty LLC v. All Bldg. Constr. Corp., 2021 NY Slip Op. 03107, holding that a fraud claim cannot be based on the misrepresentation of an intent to perform an agreement, explaining: In support of the fraudulent inducement claim, plaintiff’s main allegations... Read more »

Posted: May 22, 2021

Questions of Fact Preclude Dismissal of Section 12 Claim on the Ground that Defendants Were Not Statutory Sellers

On May 14, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Erie County Employees’ Retirement Sys. v. NN, Inc., 2021 NY Slip Op. 50423(U), holding that questions of fact precluded dismissal of Section 12 claim on the ground that the defendants were not statutory sellers, explaining: Section 12(a)(2) of... Read more »

Posted: May 21, 2021

Tolling of Statute of Limitations Against Fiduciary Based on Fiduciary’s Concealment of Facts Cannot Be Based on Same Conduct That is the Basis for the Cause of Action

On May 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in F.W. Sims, Inc. v. Simonelli, 2021 NY Slip Op. 50410(U), holding that the tolling of the statute of limitations against a fiduciary based on the fiduciary’s concealment of information cannot be based on the same conduct that forms the... Read more »