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June 11, 2025
Court Grants Reargument/Reconsideration Of Dismissal Of Claim Under The New York State False Claims Act To Allow Liquidated Civil Penalties
On May 15, 2025, Justice Andrew Borrok granted a plaintiff’s motion for reargument/reconsideration of complete dismissal of its claim under the New York State False Claims Act (NYSFCA), holding that although the claim for actual damages was properly dismissed, the plaintiff could still pursue liability for civil penalties. In State of New York ex rel. Edelweiss Fund, LLC, v. JPMorgan Chase & Co., et al., Index No. 100559/2014, the Court had previously granted a motion to dismiss the NYSFCA claim based on the failure to show actual damages. However, the Court reversed its prior ruling for “overlook[ing] or misapprehend[ing]” that the NYSFCA also allowed plaintiffs to seek a liquidated civil penalty against a defendant. The Court explained: Read More
June 7, 2024
Communications Among Counsel For Joint Venturers Not Privileged Where Counsel Is Representing Interests Of Joint Venturers Rather Than The Venture Itself
In an April 19, 2024 order, Justice Andrew Borrok addressed whether communications relating to a joint venture were protected from disclosure under the attorney-client privilege and/or work product protection. Read More
June 3, 2024
Sotheby’s Avoids Some But Not All Claims Asserted By Seller Of A Picasso That Buyer Failed To Pay For In Full
On May 7, 2024, Justice Joel M. Cohen dismissed some claims, and sustained others, brought against an auction house by the seller of a Picasso painting. Read More
May 10, 2024
Summary Judgment Premature As To Condominium Builder’s Liability For Burst Pipe Damage Where Operative Agreement On Builder’s Obligations Was Not Before The Court
In The Charles Condominiums, LLC v. Victor RPM First, LLC, Index No. 657040/2019 (April 5, 2024), Justice Margaret A. Chan denied a motion for summary judgment, as to liability only, by a luxury condominium developer seeking millions of dollars from its development manager (i.e., the contractor, “Victor”) for breach of contract related to a burst pipe. Read More
May 6, 2024
Court Determines Amount of Contractual Attorney’s Fees Due Under Prior Ruling on Fee Liability
On April 5, 2024, in Caelen Invs. LLC v. Notias, Index No. 654142/2020, Justice Joel M. Cohen awarded $700,000.00 in contractual attorney’s fees and costs to Plaintiff in a suit for breach of a Loan Agreement. Having earlier prevailed on summary judgment and on liability for costs and fees, Plaintiff sought a total award of $838,414.56 ($818,391.00 in fees and $20,023.56 in costs.). Read More
