Blogs

Monthly Archives: July 2021

Posted: July 16, 2021

Attorney’s Standard E-mail Signature Block Sufficient to Create Binding Agreement

On July 08, 2021, the First Department issued a decision in Matter of Philadelphia Ins. Indem. Co. v. Kendall, 2021 NY Slip Op. 04284, holding that an attorney’s standard e-mail signature block is sufficient to create a binding agreement, explaining: CPLR 2104, entitled “Stipulations,” reads in pertinent part: “An agreement between parties or their attorneys... Read more »

Posted: July 9, 2021

Tax Returns Are Not 3211(a)(1) Documentary Evidence

On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matter of Mattone Group Spripgnex LLC v. CFM Dev. LLC, 2021 NY Slip Op. 31958(U), holding that tax returns were not documentary evidence under CPLR 3211(a)(1), explaining: [W]hile a tax return can constitute evidence of a written assignment tax... Read more »

Posted: July 8, 2021

Agreement to Set-Off Future Payments by Amount of Unpaid Debt Not Improper Agreement to Extend Statute of Limitation Prior to Accrual of Claim

On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P., 2021 NY Slip Op. 04198, holding that an agreement to set-off future payments by the amount of an unpaid debt was not an improper agreement to extend the statute of limitation prior to the accrual of a claim,... Read more »

Posted: July 4, 2021

Negligent Misrepresentation Claim Fails for Failure Adequately to Allege Special Relationship

On July 1, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Berkshire Bank v. Pioneer Bank, 2021 NY Slip Op. 50619(U), holding that a negligent misrepresentation claim failed because it did not adequately allege a special relationship between the plaintiff and defendant, explaining: A fiduciary relationship exists between two persons... Read more »