- Posted: November 28, 2022 / Commercial Division Blog
Court Abused Discretion by Going Beyond Four Corners of Complaint to Permit Amendment with Time-Barred Claim
In a Decision, dated October 27, 2022, in 34-06 73, LLC v. Seneca Ins. Co. (2022 NY Slip Op 06029), the Court of Appeals held that the lower court abused its discretion as a matter of law when it granted plaintiffs’ motion to amend to include a time-barred claim. The Court explained: Read More
- Posted: November 23, 2022 / Commercial Division Blog
Common-Law Indemnification Crossclaim Should Be Dismissed Where Duty to Comply Was Not Delegable
On November 10, 2022, Justice Borrok of the New York County Commercial Division issued a decision in 85 Jane Realty, LLC v. Xhema of N.Y., Inc., 2022 NY Slip Op 33838(U) holding that a crossclaim for common law indemnification must be dismissed when the duty allegedly violated was not delegable. Read More
- Posted: November 21, 2022 / Commercial Division Blog
Business Judgment Rules Shields Managing Member From Liability for Breach of Fiduciary Duty
On October 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Greenman v. Miller, et al., 2022 NY Slip Op 33355(U) holding that summary judgment was appropriate on a breach of fiduciary duty claim where the defendant was the company’s managing member and was therefore protected under the business judgment rule. Read More
- Posted: November 18, 2022 / Commercial Division Blog
No Account Stated Claim in Absence of Underlying Agreement
On November 3, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in AmTrust North America, Inc. v. Share, 2022 N.Y. Slip Op. 51081(U), dismissing a claim for account stated in the absence of an underlying contract, explaining: Read More
- Posted: November 14, 2022 / Commercial Division Blog
Owners' Domination and Abuse of Entity to Perpetrate a Wrong or Injustice on Plaintiffs Sufficient to Pierce Corporate Veil
On November 2, 2022, the Second Department issued a decision in F&R Goldfish Corp. v. Furleiter, 2022 N.Y. Slip Op. 06112, holding that plaintiffs alleged facts sufficient to pierce the corporate veil, explaining: Read More
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