-
Posted: August 31, 2020
Bringing an Action Maliciously An Insufficient Basis for an Abuse of Process Claim
On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04… Read More
-
Posted: August 30, 2020
Trust Beneficiary Cannot Sue On Behalf of Trust Unless She Has Made a Demand on the Trustee and the Trustee Has Refused
On August 27, 2020, the First Department issued a decision in Zachariou v. Manios, 2020 NY Slip Op. … Read More
-
Posted: August 27, 2020
No Jurisdiction Over Suit Arising From Events in China
On August 24, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
-
Posted: August 25, 2020
Consolidation Inappropriate Where Plaintiff in One Action is the Defendant in the Other
On August 14, 2020, Justice Masley of the New York County Commercial Division issued a decision in A… Read More
-
Posted: August 24, 2020
Fraudulent Inducement Claim Cannot Be Based on Alleged Lack of Intention to Perform a Contract
On August 19, 2020, the Second Department issued a decision in Cypress Med. Surgical Servs., LLC v J… Read More
-
Posted: August 23, 2020
Tortious Interference With a Prospective Business Relationship Claim Fails Without Allegations of Wrongful Means or Malicious Purpose
On August 10, 2020, Justice Masley of the New York County Commercial Division issued a decision in G… Read More
-
Posted: August 22, 2020
Defense Barred by Tax Estoppel
On August 20, 2020, the Fourth Department issued a decision in Rizzo v. National Vacuum Corp., 2020 … Read More
-
Posted: August 21, 2020
Standard for Amending a Complaint Lower Than Standard for Surviving a Motion to Dismiss
On August 19, 2020, the Second Department issued a decision in Katz v. Hampton Hills Assoc. Gen. Par… Read More
-
Posted: August 20, 2020
Motion to Vacate Denied Because of Unreasonable Delay in Making Motion
On August 19, 2020, the Second Department issued a decision in Pei Qi Chen v. Chen, 2020 NY Slip Op.… Read More
-
Posted: August 19, 2020
Court Refuses to Stay New York Action in Favor of Federal Action
On August 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Co… Read More
-
Posted: August 17, 2020
Forum Selection Clause in Personal Services Contract Not Enforceable
On July 15, 2020, Justice Masley of the New York County Commercial Division issued a decision in Set… Read More
-
Posted: August 15, 2020
Court Stays Lawsuit Pending Resolution of Prior Pending Arbitration
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in CMB… Read More
-
Posted: August 14, 2020
Counterclaims Timely Because They Related Back to Date of Complaint
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Off… Read More
-
Posted: August 13, 2020
Partnership Agreement Cannot Be Modified by Conduct
On August 6, 2020, the First Department issued a decision in A&F Hamilton Hgts. Cluster, Inc. v.… Read More
-
Posted: August 12, 2020
Plaintiff May Recover in Quasi-Contract From a Stranger to the Contract in the Interest of Justice
On July 30, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
-
Posted: August 11, 2020
Claim for Breach of Covenant of Good Faith and Fair Dealing Upheld Even Though it Sought the Same Damages as Breach of Contract Claim
On August 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Tr… Read More
-
Posted: August 10, 2020
Transfer of Ownership of a Tenant Does not Constitute an Assignment of a Lease
On August 2, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
-
Posted: August 8, 2020
Impleader Claim Not Limited to Indemnification for the First-Party Claims
On June 24, 2020, Joseph Risi of the Queens County Commercial Division issued a decision in Chinun L… Read More
-
Posted: August 7, 2020
Court Refuses to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel's Engagement
On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v… Read More
-
Posted: August 6, 2020
Statute of Frauds Does Not Bar Claim Based on Alleged Oral Partnership Agreement
On July 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bab… Read More
