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Posted: October 6, 2021
Summary Judgment for Breach of Contract Denied Where Plaintiff Failed to Show it Satisfied Contractual Condition Precedents to Terminate for Cause
On August 25, 2021, in Turner Towers Tenant Corp. v RCI Plumbing Corp., 2021 NY Slip Op 04774, the S… Read More
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Posted: October 4, 2021
Court Enjoins Dilution of Membership Interest Despite Past Practice
On August 25, 2021, in Lengyel-Fushimi v. Bellis, et al., Kings Supt. Ct. Index No. 512764/2021… Read More
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Posted: October 1, 2021
Justice Gianelli Appointment to Nassau County Commercial Division
On September 24, 2021, Justice Sharon Gianelli was appointed to the Nassau County Commercial Divisio… Read More
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Posted: September 29, 2021
Summary Judgment for Mechanic's Lien Inappropriate Where Defendant Failed to Account for All Items Listed in Lien Statement
On September 15, 2021, the Second Department issued a decision in J&M Indus., Inc. v Red Apple 1… Read More
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Posted: September 27, 2021
Conflicting Expert Opinions Sufficient to Defeat Summary Judgment in Medical Malpractice Case
On May 2, 2019, Justice Jamieson of the Westchester County Commercial Division issued a decision i… Read More
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Posted: September 24, 2021
Claim for Tortious Interference With Business Relations Fails Because Defendant Acted In Self Interest
On July 28, 2021, the Second Department issued a decision in Stuart's LLC v. Edelman, 2021 N.Y.… Read More
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Posted: September 22, 2021
Motion Court Erred in Considering Dismissal Motion Raised for First Time on Reply
On August 18, 2021, the Second Department issued a decision in Grocery Leasing Corp. v. P&C… Read More
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Posted: September 20, 2021
Attorneys’ Fees Improperly Awarded Because Plaintiffs Were Not Prevailing or Successful Parties
On August 25, 2021, the Second Department issued a decision in Kefalas v. Valiotis, 2021 NY Slip Op.… Read More
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Posted: September 17, 2021
No-Action Provisions Did Not Mandate Dismissal Of Plaintiffs’ Claims
On August 16, 2021, Justice Joel M. Cohen issued a decision in Audax Credit Opportunities Offshore L… Read More
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Posted: September 15, 2021
Guaranties For Payment And Performance Are Not Instruments For Payment Of Money Only And Therefore Do Not Provide A Basis For Summary Judgment In Lieu of Complaint Under CPLR § 3213
On September 3, 2021, in Bank of America, N.A. v. Filho et al., N.Y. Sup. Ct. Index No. 654603/2019,… Read More
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Posted: September 13, 2021
Courts Will Not Imply a Contract When There Is an Express Written Agreement
On August 24, 2021, Justice Ostrager of the New York Commercial Division issued a decision in Tri-Ci… Read More
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Posted: September 10, 2021
RPAPL Broad Standing Rules Inapplicable Where Claim Really About Ownership of LLC
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip O… Read More
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Posted: September 3, 2021
Labor Law § 240 Imposes Absolute Liability Where a Violation of the Statute is a Proximate Cause of the Injury
On August 26, 2021, the Fourth Department issued a decision in Miller v. Rerob, LLC, 2021 NY Slip Op… Read More
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Posted: September 1, 2021
Worker Injured While Replacing Fan in Building that Required Replacement "All the Time" Cannot Sue Under Labor Law § 240(1)
On July 28, 2021, the Second Department issued a decision in Stockton v. H&E Biffer Enters. No. … Read More
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Posted: August 30, 2021
A Party's Motion to Intervene Pursuant to C.P.L.R. 1012 Must Be Timely
On August 4, 2021, the Second Department issued a decision in 1077 Madison St., LLC v. Dickerson, 20… Read More
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Posted: August 27, 2021
Co-Op Owner Required to Pay Use and Occupancy For Maintenance Pendente Lite
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 20… Read More
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Posted: August 25, 2021
Owners of Residential Units in Luxury Condominium Were Third-Party Beneficiaries of Clause in Ground Lease Concerning Quality of Hotel To Be Operated on Lower Floors of Building
On August 5, 2021, the First Department issued a decision in Residential Board of Millennium Point v… Read More
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Posted: August 23, 2021
Under Principle of Ejusdem Generis, Use of “Any and All” In Contract Clause Before List of Specific Activities Does Not Expand Clause Beyond Activities Specified
On July 30, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in L… Read More
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Posted: August 20, 2021
Contract Clause Waiving Right to Challenge Jurisdiction of the Courts of the State of New York Insufficient to Waive Venue Challenge
On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meri… Read More
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Posted: August 18, 2021
A Creditor is Only Entitled to Recover Past Due Installments on Defaulted Note Absent an Acceleration Clause
On July 9, 2021, the Fourth Department issued a decision in Estate of Kathryn Essig v. Essig, 2021 N… Read More
