-
Posted: June 19, 2021
Broadly-Worded Arbitration Provision Leaves Decision on Whether a Claim is Arbitrable to the Arbitrators
On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
-
Posted: June 18, 2021
Defendant Liable for Terminating Contract Without Observing Contract's Notice and Cure Provision
On June 3, 2021, the First Department issued a decision in Alloy Advisory, LLC v. 503 W. 33rd St. As… Read More
-
Posted: June 17, 2021
Party May Amend Complaint as of Right While Motion to Dismiss is Pending
On May 20, 2021, the First Department issued a decision in Roam Capital, Inc. v. Asia Alternatives M… Read More
-
Posted: June 16, 2021
Statute Barring Lease Provisions That Prohibit Tenants from Seeking a Yellowstone Injunction Does Not Apply to Leases Effective Before the Statute was Enacted
On April 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 159 MP… Read More
-
Posted: June 15, 2021
Liquidated Damages Provision Based on Notice of Intention to Redevelop Property Not Enforceable When Tenancy Not Terminated
On May 25, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Prad… Read More
-
Posted: June 14, 2021
Party to Agreement Not to Disclose Ongoing Negotiations Can Be Held Liable for Time and Money Spent on Negotiations
On May 18, 2021, the First Department issued a decision in Garda USA, Inc. v. Sun Capital Partners, … Read More
-
Posted: June 13, 2021
Broker Not Entitled to Commission Because it was not the Procuring Cause of the Sale
On May 20, 2021, the First Department issued a decision Capin & Assoc., Inc. v. Herskovitz, 2021… Read More
-
Posted: June 12, 2021
Alleged Failure of Law Firm to Have a Written Engagement Letter Insufficient Basis to Vacate Arbitral Award in Fee Dispute
On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP… Read More
-
Posted: June 11, 2021
Unjust Enrichment and Breach of Contract Claims Not Duplicative When There is a Question of Fact Regarding the Existence of a Contract
On May 27, 2021, the First Department issued a decision in CIP GP 2018, LLC v. Koplewicz, 2021 NY Sl… Read More
-
Posted: June 10, 2021
Party Not Entitled to Rescission of Contract When it Had An Adequate Remedy at Law
On May 20, 2021, the First Department issued a decision in Sky Coverage Inc. v. Alwex Inc., 2021 NY … Read More
-
Posted: June 9, 2021
Action Dismissed As Impermissible Duplicative Foreclosure Action
On May 5, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Flushing… Read More
-
Posted: June 8, 2021
Theft of Funds in Lawyer's Trust Account Insufficient Basis for a Claim for Conversion
On June 1, 2021, the First Department issued a decision in SH575 Holdings LLC v. Reliable Abstract C… Read More
-
Posted: June 7, 2021
Allegations of Plaintiff's Due Diligence Sufficient to Establish its Reasonable Reliance Necessary to State Fraud Claim
On May 27, 2021, the First Department issued a decision in Bullen v. CohnReznick, LLP, 2021 NY Slip … Read More
-
Posted: June 6, 2021
First Department Upholds Forum Non Conveniens Dismissal
On May 27, 2021, the First Department issued a decision in EPK Brand, Inc. v. Leret, 2021 NY Slip Op… Read More
-
Posted: June 5, 2021
Brokers Not Transferees for Purposes of Fraudulent Conveyance Claim
On June 1, 2021, the First Department issued a decision in McCormack Family Charitable Found. v. Fid… Read More
-
Posted: June 4, 2021
Summary Judgment of Foreclosure Denied Because of Lack of Admissible Evidence of Payment Default
On May 7, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Majestic… Read More
-
Posted: June 3, 2021
Correspondent Bank Relationships, Without More, are Insufficient Basis for Personal Jurisdiction
On May 13, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Malae… Read More
-
Posted: June 2, 2021
Court Grants Order Allowing Late Answer When Delay Was Short and There Was No Prejudice to the Plaintiff
On May 11, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Old Rep… Read More
-
Posted: June 1, 2021
Common Law Indemnification Claim Dismissed Because Party Seeking Indemnification Allegedly Participated in the Wrong-Doing
On May 12, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Boar… Read More
-
Posted: May 31, 2021
Trespass to Chattels Claim Dismissed for Lack of Allegations Showing That Plaintiff was Deprived of its Property for a Substantial Time
On May 17, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
