- Posted: May 19, 2022 / Commercial Division Blog
Legal Malpractice Claim Dismissed Where Failure to Submit Documents Was Not Proximate Cause of Adverse Arbitration Award
On February 9, 2022, in All Vision LLC v. Paduano & Weintraub LLP, Index No. 653605/2021, Justice Andrew Borrok of the New York County Commercial Division dismissed plaintiff’s claims for legal malpractice and breach of fiduciary duty for failure of its counsel to submit a termination letter and certain financial statements in an arbitration arguing that had they been submitted, the documents would have served as a defense to the claims asserted against them or resulted in a substantially reduced award. The Court explained: Read More
- Posted: May 17, 2022 / Commercial Division Blog
New York Recognizes Breach of Implied Duty of Good Faith and Fair Dealing and Breach of Contract as Independent Causes of Action
On April 21, 2022, in Anexia, Inc. v. Horizon Data Solutions Ctr., LLC, Index No. 657444/2019, Justice Robert R. Reed of the New York County Commercial Division, among other things, granted plaintiff’s motion to dismiss defendant’s counterclaim for tortious interference but denied its motion to dismiss the counterclaim for breach of the implied duty of good faith and fair dealing. The Court explained that while a tortious interference claim grounded on the same conduct as a breach of contract claim are duplicative, under certain circumstances New York recognizes the implied duty of good faith and fair dealing as an independent cause of action. Read More
- Posted: May 13, 2022 / Commercial Division Blog
Restrictive Covenant Preventing Employee from Working for a Competitor Overly Broad and Not Necessary to Protect Legitimate Interest
On April 5, 2022, Justice Chan of the New York County Commercial Division issued a decision in Mission Capital LLC v. Javich, 2022 NY Slip Op 31162(U) holding that a motion seeking to prevent a former employee from working at a competitor should be denied, despite the existence of a restrictive covenant, where enjoining the employee from working at the competitor was broader than necessary to protect the employer’s business interests. Read More
- Posted: May 11, 2022 / Commercial Division Blog
Affirmative Defense that Agreement was Void Due to Lack of Consideration Should Be Dismissed Where Party Only Alleges Failure of Performance
On April 4, 2022, Justice Borrok of the New York County Commercial Division issued a decision in 3B Assoc. LLC v eCommission Solutions, LLC, 2022 NY Slip Op 31184(U), holding that summary judgment must be granted against a defendant’s affirmative defense that a contract was void due to lack of consideration where the record showed that the alleged missing consideration was merely an allegation that the plaintiff failed to provide services under the terms of the contract. Read More
- Posted: May 11, 2022 / Commercial Division Blog
Written by: Jeffrey M. EilenderSchlam Stone & Dolan Partner Jeffrey M. Eilender Discusses How to Secure Advances to Fund Legal Fees
Your client is a director or officer of a company and is sued by either a third party or the company… Read More
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