Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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July 19, 2024 Court Denies Motion To Compel Production Of Emails Based On Spousal Privilege
On June 10, 2024, Justice Melissa A. Crane denied defendant’s motion to compel production of emails plaintiff had inadvertently produced and then clawed back, asserting spousal privilege. In Gnann v. Morgan Stanley Smith Barney LLC, Index No. 650104/2023, plaintiff made a production that included the disputed emails between plaintiff and nonparty Robert Oldaker. At plaintiff’s EBT, spousal privilege was asserted as to these emails and plaintiff’s counsel then sought to claw back those emails. Defendant Mannato moved to compel. The Court denied the motion, explaining: Read More
July 17, 2024 Court Grants Motion To Amend Complaint Where Amendments Were Based On Documents Produced By Defendants In Discovery
On May 26, 2024, Justice Joel M. Cohen granted plaintiffs’ motion to amend. The plaintiffs in Behar v. 5 Star Legal Funding, LLC, Index No. 657390/2020, who invested in certain litigation funds and advances as limited partners, asserted multiple claims against defendants alleging that defendants engaged in a pattern and practice of mismanagement, misuse, misappropriation, and diversion of plaintiffs’ funds. After discovery, plaintiffs moved to file their Second Amended Complaint. The Court granted the motion, explaining: Read More
July 15, 2024 Court Holds That Signing Filings In New York County Irrelevant For The Issue Of Venue And Grants Motion To Transfer Venue
On May 26, 2024, Justice Andrea Masley granted a motion to change venue to Nassau County. Defendants in Burman v. Burman, Index No. 655281/2023, moved to change venue in a case arising from plaintiff’s alleged exclusion from the Engel Burman (“EB”) enterprise. After rejecting defendants’ argument that venue in New York County was improper because none of the parties reside in New York County because plaintiff alleged a “substantial amount of the acts and transactions in issue took place in this county and various real estate developments in issue in this case are located in this county” pursuant to CPLR 503(a), the Court nevertheless granted the motion for other reasons. The Court explained: Read More
July 5, 2024 Motion To Dismiss Breach Of Contract Claims Regarding Agreement To Purchase Past-Due Receivables Granted In Part, Denied In Part
On May 29, 2024, Justice Andrea Masley granted in part and denied in part a motion to dismiss claims brought against a corporation and its parent under a letter of intent that contemplated an agreement to purchase past-due receivables due to non-parties owned by the non-parent defendant entity. Gramercy Funds Mgt. LLC v Schlumberger N.V., Index No. 653657/2022. Read More
June 21, 2024 Court Denies Motion To Dismiss Labor Law Claim
On May 5, 2024, Justice Andrew Borrok denied defendant’s motion to dismiss defendant’s counterclaim under New York Labor Law. In FF Venture Capital, LLC v. Adam J. Plotkin, RDWC, LLC, Index No. 651314/2023, defendant claimed that plaintiff withheld his compensation and alleged violation of Labor Law § 193. The Court explained that such allegations stated a claim: Read More
June 19, 2024 Court Holds That Plaintiff Has Standing Because Note And Guaranty Were Properly Assigned
On April 29, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment. The plaintiff in Lapis Advisers, LP et al. v. Coal Capital Ephrata, LLC, Index No. 650128/2021 sought summary judgment for failure to repay amounts on a note assigned to plaintiff. The Court concluded that plaintiff had standing, explaining: Read More
June 17, 2024 Court Grants Motion To Dismiss Breach Of Fiduciary Claim For Failure To Allege Damages
On April 12, 2024, Justice Margaret A. Chan granted plaintiff’s motion to dismiss defendants’ counterclaims for breach of contract, unjust enrichment, and breach of fiduciary duty. Defendants in Murphy v. PHG Funding LLC et al., Index No. 656158/2021, alleged counterclaims arising out a settlement with plaintiff and transactions related thereto. As to defendants’ counterclaim for breach of fiduciary duty, the Court explained: Read More
May 29, 2024 Bankruptcy Filing, Which Was Later Dismissed, Did Not Excuse Buyer Under Loan Sale Agreement From "Time of the Essence" Requirement to Close
On April 12, 2024, Justice Margaret Chan of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 39-05 29th St Hotel, LLC, et al., Index No. 654401/2023, denying a motion to dismiss brought by the defendant-buyer under a Loan Sale Agreement for breach of this agreement and rejecting the defendant-buyer's argument that its bankruptcy filing, which was later dismissed, waived the plaintiff-seller's right to demand a time-of-the-essence closing, explaining: Read More
May 22, 2024 Court Denies Unopposed Motion for Summary Judgment in Lieu of Complaint
On April 19, 2024, Justice Margaret A, Chan denied an unopposed motion for summary judgment in lieu of complaint. The plaintiff in RS E Orange, LLC v. Proudliving Companies, LLC et ano., Index No. 655013/2023, sought just under $4 million from defendants Proudliving and Andrew Brown under a guaranty agreement. The Court explained: Read More
May 20, 2024 Court Denies Motion To Dismiss Fraudulent Transfer Claim
On April 19, 2024, Justice Joel M. Cohen denied a motion to dismiss plaintiff’s claim for fraudulent transfer. The plaintiff in Monex Canada, Inc. v. Bank of America, N.A. et al., Index No. 655076/2023, alleged that a non-party had defrauded it out of millions of dollars by unlawfully reversing Pre-Authorized Debit (“PAD”) transfers, which funds were in turn ultimately directed to the moving defendants. Plaintiff asserted a claim for fraud under the New York Uniform Voidable Transactions Act and in particular Sections 273(a)(1) and 276 of the New York Debtor Creditor Law. The Court rejected the moving defendants’ argument that plaintiff had failed to state a claim for actual fraudulent transfer, explaining: Read More
May 1, 2024 Commercial Division Rules Updated to Add Technology Cases to List of Cases Eligible for Commercial Division and to Remind Counsel About Use of Referees
On February 14, 2024, the Chief Administrative Judge of the Courts signed an administrative order (i) adding technology transactions and commercial disputes involving or arising out of technology to the list of cases that can be brought in the Commercial Division, and (ii) adding a new Rule 9-b reminding counsel of the ability to consent to the use of referees. Read More
April 26, 2024 Court Denies Motion To Strike Jury Demand
On April 9, 2024, Justice Andrea Masley denied defendants’ motion to strike plaintiff’s jury demand. In Khan v. Garg, 652334/2013, the Court explained: Read More
April 24, 2024 Court Grants Mandatory Injunction Requiring Purchaser To Close On Transaction
On April 6, 2024, Justice Andrea Masley granted plaintiff’s motion for a preliminary injunction and required the defendant purchaser to close on the sale of a business within 10 days of the order. In James River Group Holdings, Ltd. v. Fleming Intermediate Holdings, LLC, Index No. 651281/2024, the parties were to close on March 1, 2024 on the sale of plaintiff’s reinsurance subsidiary to defendant. However, defendant refused to do so absent significant concessions. Plaintiff brought suit and sought a preliminary injunction requiring the specific performance of the parties’ Stock Purchase Agreement. In granting the motion, the Court explained: Read More
April 22, 2024 Court Denies Motion For Summary Judgment In Lieu Of Complaint
On April 5, 2024, Justice Margaret A. Chan denied plaintiff’s motion for summary judgment in lieu of complaint based on certain promissory notes. The decision in Elisa Wietschner, as trustee of the WFIG Trust v. 9 Vandam JV LLC, Index No. 655573/2023, explained: Read More
March 29, 2024 Court Grants Plaintiff Summary Judgment Requiring City To Close Pursuant To Terms of Ground Lease
On March 5, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment and denied the City’s motion. The decision in Atlantic Center Fort Greene Assoc., LLC v. The City of New York, Index No. 656207/2021, concerned a lease agreement dated August 4, 1995, between the City as landlord and plaintiff’s predecessor in interest as tenant. The Court explained: Read More
March 27, 2024 Court Denies Motion To Compel Post-Judgment Deposition Since It Was Sought Under Wrong Article of the CPLR
On March 13, 2024, Justice Joel M. Cohen denied, without prejudice, plaintiffs’ motion to compel a deposition of defendant. The decision in Law Office of Mark. S. Helweil v. Karambelas, Index. No. 159060/2018, explained: Read More
March 25, 2024 Court’s 2023 Annual Report Highlights Commercial Division Advisory Council
The recently issued New York State Unified Court System 2023 Annual Report highlights the work of the Commercial Division Advisory Council, which, inter alia, proposes procedural rules for the Commercial Division, and quotes Advisory Council member Heather Mulligan, President and CEO of The Business Council of New York State. Read More
March 1, 2024 Court Rejects Claim Of Impossibility Regarding Preservation of Evidence
On January 18, 2024, Justice Andrea Masley granted sanctions against defendant Charter Communications Operating, LLC (“Charter”) for spoliation of evidence. The decision in Earthlink, LLC v. Charter Communications Operating, LLC, Index No. 654332/2020, rejected Charter’s claim that preserving recordings of millions of calls over several months was impossible. The Court explained: Read More
February 28, 2024 Court Has Jurisdiction Over LLC Based On Alter Ego Allegations
On January 26, 2024, Justice Melissa A. Crane denied defendant’s motion to dismiss for lack or jurisdiction. The decision in Bochenek v. Ashton, Index No. 654904/2022, concerned defendant Twenty Seven Investment Group, LLC (“TSIG”). As to jurisdiction over TSIG, the Court explained: Read More
February 26, 2024 Breaches Of Non-Monetary Provisions Of Credit Agreement Are Material
On January 26, 2024, Justice Melissa A. Crane granted plaintiffs’ motion for summary judgment regarding, inter alia, their breach of contract claim. The decision in Regions Bank v. VativoRX, LLC, Index No. 654741/20229, rejected defendant’s argument that the breach of certain terms in the credit agreement at issue requiring the provision of annual audited financial statements, along with related certifications and accompany documentation, and the transfer of accounts to plaintiffs were not material breaches. The Court disagreed: Read More
February 2, 2024 Court Holds Defendants Jointly and Severally Liable After Non-Jury Trial For Nearly $1.3 Million
On December 29, 2023, Justice Joel M. Cohen found in favor of Plaintiff Brad Kruchten against Defendants Eastman Kodak Company Computershare, Inc., and Computershare Trust Company, N.A. in the amount of $1,293,916.88 on claims for damages Kruchten incurred when he was unable to exercise his Kodak stock options due to corporate errors. In its Decision after Non-Jury Trial, in Kruchten v. Eastman Kodak Co. et al., Index No. 656302/2020, the Court explained: Read More
January 31, 2024 Court Grants Defendants’ Motion To Dismiss But Also Sanctions Them For Discovery Violations
On December 22, 2023, Justice Margaret A. Chan both granted the motion by certain defendants to dismiss, but also granted plaintiff’s request for sanctions against them. The decision in SG575 Holdings LLC v. Richard Stuyvesant Holdings et al., Index No. 651246/2019, concerned an alleged Ponzi scheme. Plaintiff had deposited $1 million into the escrow account of defendant Pincus Carlebach, a now disbarred attorney, pursuant to a sale/purchase agreement regarding certain real estate, but when the agreement was cancelled, Carlebach had misappropriated the escrowed money. Defendants were parties who had also deposited funds in Carlebach’s account but received their funds back from plaintiff’s $1 million. As to the motion to dismiss, the Court explained: Read More
January 29, 2024 Court Denies Motion To Dismiss Given Grant Of Motion To Amend
On December 23, 2023, Justice Joel M. Cohen denied defendants’ motion to dismiss plaintiff’s amended complaint based on the prior granting of plaintiff’s motion to amend. The decision in O’Keefe’s Inc. d/b/a Safti First v. 400 Times Square Associates, LLC et al., Index No. 150702/2019, rejected defendants’ argument that the evidence, affidavits, and submissions by the defendants utterly refuted the plaintiff’s claims. The Court explained: Read More
January 5, 2024 Statute of Frauds Does Not Preclude Claim Regarding Contract Signed By One Party But Not The Other
In a Decision and Order, dated November 21, 2023, in Bissell Street I, LLC v. Westbrook Partners, LLC, Index No. 654223/2022, Justice Joel M. Cohen denied, in part, defendants’ motion to dismiss in a dispute that concerned, inter alia, the validity and enforceability of certain agreements that were signed by one party but not the other. As to the statute of frauds, the Court explained: Read More
January 3, 2024 Court Grants Motion For Summary Judgment In Lieu Of Complaint
In a Decision and Order, dated December 6, 2023, in Strecker v. Singlepoint, Inc., Index No. 653850/2023, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The Court explained: Read More
December 8, 2023 Court Denies Motion To Dismiss Upon Reargument Finding Causation Was Alleged
In a Decision and Order, dated October 25, 2023, in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, Index No. 653941/2022, Justice Margaret A. Chan granted plaintiff’s motion for reargument and, upon reargument, denied defendant’s motion to dismiss. The case concerned plaintiff’s claim for legal malpractice in connection with services rendered by defendants while negotiating the terms of a subordinated debt agreement. The Court had previously granted defendants’ motion to dismiss due to failure to allege causation or damages. However, upon reargument, the Court explained: Read More
December 6, 2023 Court Grants Motion To Amend Since There Was No Prejudice Or Undue Delay
In a Decision and Order, dated October 13, 2023, in Katzoff v. BSP Agency, LLC., Index No. 655823/2020, Justice Margaret A. Chan granted plaintiffs’ motion for leave to amend their complaint to add several defendants. The Court granted the motion, finding no prejudice or undue delay, and that the claims were not insufficient as a matter of law. As to prejudice and undue delay, the Court the explained: Read More
December 4, 2023 Court Denies Motion to Compel and To Vacate Note of Issue
In a Decision and Order, dated October 14, 2023, in O’Connor v. Society Pass, Inc., Index No. 656938/2019, Justice Joel M. Cohen denied defendant’s motion to compel discovery and to strike the Note of Issue. The Court explained: Read More
December 1, 2023 Court Dismisses Racial Discrimination Claims Asserted After Employee’s Termination, Rejecting Pretext Arguments
In a Decision, dated October 4, 2023, in Arthur W. Williams, M.D., v. Mountain Sinai Health System, Inc., Index No. 160367/2019, Justice Melissa A. Crane granted Mount Sinai Health System’s motion for summary judgment on claims of racial discrimination asserted by a former attending neurosurgeon. The Court found that the hospital had proffered legitimate, nondiscriminatory reasons for terminating the plaintiff’s employment and staff privileges. It also rejected the plaintiff’s argument that these reasons were pretextual, noting that the record contained evidence of numerous complaints and suggested that the plaintiff’s patient care and medical judgment were questionable. The Court also rejected the plaintiff’s argument about disparate treatment premised on the hospital affording another terminated employee time to find a new job, whereas it had terminated him immediately. The Court explained: Read More
November 10, 2023 Res Judicata and Collateral Estoppel Do Not Apply To Claims Over Which An Arbitrator Lacked Jurisdiction
In a Decision and Order, dated October 11, 2023, in BT Supplies West, Inc. v. Brookline, LLC., Index No. 651364/2023, Justice Margaret A. Chan denied defendant’s motion to dismiss plaintiff’s breach of contract and account stated claims. (Schlam Stone & Dolan LLP represents the plaintiff in this action). Defendant argued that plaintiff’s claims should be dismissed because they were previously decided in an arbitration and thus res judicata or collateral estoppel applied. The court rejected defendant’s position, explaining: Read More
November 8, 2023 Court Sets Hearing For Determination of Attorney Charging Lien
In a Decision and Order, dated October 3, 2023, in Seymour v. Hovnanian., Index No. 154579/2016, Justice Melissa Crane set a hearing on plaintiff’s former counsel’s motion to enforce its statutory charging lien. The Court explained: Read More
November 6, 2023 Court Dismisses Complaint For Reformation Based On Claimed Mutual Mistake
In a Decision and Order, dated October 5, 2023, in ACP Housing Associates, L.P. v. ABJ Milano, LLC, Index No. 156320/2019, Justice Joel M. Cohen granted defendant’s motion for summary judgment dismissing plaintiff’s complaint for reformation. The plaintiff alleged a mutual mistake in a commercial real estate transaction, in that the contract mistakenly conveyed a vacant lot that was not intended to be included in the sale of an adjacent developed property. Plaintiff sought reformation of the contract to exclude the vacant lot from the transaction or, in the alternative, recovery for unjust enrichment. The Court granted defendant’s motion for summary judgment, explaining: Read More
November 1, 2023 Court Dismisses Claims Against Corporate Owner after Dismissal of Claims against Corporation
In an Decision, dated September 29, 2023, in NW Media Holdings Corp, Newsweek LLC, et al. v. IBT Media Inc., Index No. 652344/2022, Justice Melissa A. Crane granted individual defendant David Jang’s motion to dismiss in their entirety claims made against him under a theory of “alter ego” liability. The Court held that the earlier dismissal of claims against the corporate entity made it impossible to maintain such claims against the entity’s owner. The Court explained: Read More
October 30, 2023 Court Grants Motion to Seal Interrogatory Responses Revealing Costs of Pharmaceutical Products
In a Decision, dated September 30, 2023, in Zydus Worldwide DMCC v. Teva Pharmaceuticals Industries Ltd., 654824/2019, Justice Andrea Masley granted Plaintiff Zydus Worldwide DMMC’s motion to redact portions of interrogatory responses that revealed various costs related to the pharmaceutical products at issue in the action. The Court had previously denied a motion to seal certain other information brought by Defendant Teva Pharmaceuticals. However, the Court found that Zydus had demonstrated the requisite “good cause” to support sealing. The Court explained: Read More
October 13, 2023 Court Denies Motion For Summary Judgment In Dispute Concerning MLB
In a Decision and Order, dated September 6, 2023, in Oneonta Athletic Corporation d/b/a Norwich Sea Unicorns v. Detroit Tigers, Inc. et ano., Index No. 651080/2022, Justice Barry Ostrager denied Defendants’ motion for summary judgment on plaintiff’s sole remaining claim, for tortious interference with contract, arising out of the decision by Major League Baseball to reduce the number of minor league terms from 160 to 120. The Court explained: Read More
October 11, 2023 First Department Reverses Grant Of Summary Judgment Concerning Successor Liability
In a Decision and Order, dated September 21, 2023, in 47 East 34th Street (NY) L.P. v. BridgeStreet Worldwide, Inc. et al, Case No. 2022-01819, the First Department reversed orders of Justice Andrew Borrok which granted plaintiff’s motion for summary judgment on its claim to recover on a guaranty against defendants-appellants Versa Capital Management, LLC (Versa) and Domus BWW Funding, LLC (Domus Funding) as successors to and alter egos of guarantor defendant BridgeStreet Worldwide. The Court explained: Read More
September 15, 2023 Court Concludes That Plaintiff Alleged Willful Misconduct
In an Opinion, dated June 26, 2023, in Manhattan Chrystie St. Dev. Fund LLC v. Witkoff Group LLC, 2023 NY Slip Op 50622(U), Justice Robert Reed denied Defendants’ motions to dismiss a breach of guaranty claim. Plaintiff brought a claim for breach of a guaranty that assured Plaintiff payment and performance of certain obligations in the event of ‘willful misconduct’ by the managing member of a joint venture. The Court explained: Read More
September 13, 2023 Court Finds Plaintiff Has Stated Claim To Pierce The Corporate Veil
In an Opinion dated June 29, 2023, in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op 32156(U), Justice Margaret Chan denied Defendant’s motion to dismiss a corporate veil piercing claim. The Court explained: Read More
September 11, 2023 Court Grants Motion to Dismiss Because Notice Of Non-Monetary Default Not Required
In a Decision and Order, dated June 14, 2023, in 10 Mountainview LLC v. RREF IV-D SN Portfolio, LLC, 2023 NY Slip Op 32034(U), Justice Melissa A. Crane granted Defendant’s motion to dismiss Plaintiff’s breach of contract action based on the claimed failure by Defendant to provide notice of a non-monetary default. Plaintiff and Defendant both loaned money to a non-party borrower, and agreed that Defendant’s loan would be senior. An event of default occurred in 2020, but Defendant did not give notice, and gave notice only when it intended to accelerate its loan. Plaintiff, who had a purchase option, attempted to exercise that option and received a pay-off letter including default interest going back to the date of the earliest default. Plaintiff claimed it was aggrieved because it could have cured the default years earlier and avoided the default interest. The Court explained: Read More
August 18, 2023 Court Grants Motion To Compel Arbitration
In a Decision and Order, dated June 21, 2023, in Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, NY Slip Op. 32097(U), Justice Margaret Chan granted Respondents’ cross-motion to compel arbitration and denied Petitioner’s motion to stay arbitration. The Court explained: Read More
August 16, 2023 Court Grants Sanctions For Conduct At Deposition
In an Opinion dated June 20, 2023, in Constantina Bacopoulou DDS PC v. Carnegie Dental PC, Index No. 650010/2022, Justice Andrea Masley granted Plaintiffs’ motion for sanctions against defendants for conduct during a deposition. Justice Masley concluded that defendants’ counsel violated Rules of Professional Conduct 8.4(g), which prohibits lawyers from engaging in conduct that constitutes discrimination or harassment on the basis of, inter alia, sex and Commercial Division rules barring speaking objections at depositions. The Court further appointed a special referee and directed the attorneys, who the Court found contributed to the delay and acrimony in the case, and not the clients, to split the referee’s fees 25% (plaintiffs’ counsel)-75% (defendants’ counsel). As to Defendants’ counsel conduct at the deposition, the Court explained: Read More
August 14, 2023 Court Grants Summary Judgment In Lieu Of Complaint
In a Decision and Order, dated June 23, 2023, in 2025 Note Pool LLC v. Rudich, 2023 NY Slip Op 32092(U), Justice Melissa A. Crane granted Plaintiff’s unopposed motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The Court explained: Read More
August 11, 2023 Leave to Renew or Reargue Denied Where “New Facts” Always Known or Caused By the Movant
On July 5, 2023, Justice Andrew Borrok of the New York County Commercial Division issued an opinion in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2023 NY Slip Op 50662(U), denying a party’s motion for leave to renew and/or reargue the Court’s Decision and Order, dated June 6, 2023 as clarified by the Supplemental Order, dated June 13, 2023, because the motion—which must be based on matters of fact or law—was based on two false premises. The Court explained: Read More
August 9, 2023 Court Granted Motion for Reargument and Modified Preliminary Injunction To Include Defendant Company to Whom Defendant Employee Disclosed Confidential Information
On June 20, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision and order on motion in Jordan, Edmiston Group, Inc. v. Wong, 2023 NY Slip Op 32090(U), granting in part the motion for reargument. The Court had previously granted a limited injunction against defendant employee for breaching the non-disclosure provision of the Employee Confidentiality and Non-Competition Agreement by disclosing confidential information to defendant company. The motion for reargument related to plaintiff’s claim for tortious interference by defendant company. The Court explained: Read More
August 7, 2023 Arbitrators’ Refusal to Grant An Adjournment Insufficient Grounds to Vacate Final Award
On June 23, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision and order on motion in Panzer v. Epstein, 2023 NY Slip Op 32099(U), granting respondent’s motion to confirm and denying petitioner’s cross-motion to vacate the Final Award. The Court also denied respondent’s motion to compel petitioner to accept the money amount specified in the Final Award as premature. Regarding its decision to confirm the Final Award, the Court explained: Read More
August 4, 2023 Court Confirms Arbitration Award Where Challenging Party Failed to Meet Heavy Burden
On June 23, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Grayco Alternative Partnership II, LP v. 5 Stone Green Capital LLC, 2023 N.Y. Misc. LEXIS 3024. The Court granted Plaintiff’s motion pursuant to CPLR 7510 to confirm an arbitration award in their favor, finding that the Defendants had failed to meet their “heavy burden” necessary to vacate the award. The Court explained: Read More
August 2, 2023 Court Rejects Successive Summary Judgment Motions
On July 12, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in 600-602 10th Ave. Realty Corp. v. Estate of Nusimow, 2023 N.Y. Misc. LEXIS 3465. The Court denied the Plaintiff’s motion for summary judgment, primarily on the basis that the same Plaintiff had moved for summary judgment on the same claims six years prior, which the Court had denied, finding issues of fact existed. The Court explained: Read More
July 31, 2023 Court Grants Attachment Where Defendant Foreign Corporation Sent Funds Abroad
On June 15, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Altium Growth Fund, L.P. v. Tingo Group, Inc., 2023 N.Y. Misc. LEXIS 2999. The Court granted Plaintiffs’ motion for an attachment pursuant to CPLR 6201(1), attaching shares in the Defendant Company. The Court found that Plaintiffs had shown a likelihood of success on the merits, and further found that grounds for an attachment pursuant to CPLR 6201 exists, explaining: Read More
July 14, 2023 Court Granted Default Judgment Against LLC That Failed to Retain Counsel
On June 7, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision and order on motion in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2023 NY Slip Op 31930(U), granting plaintiff’s motion for default judgment against defendants after they failed to retain new counsel following the withdrawal of their prior counsel and a 45-day stay. The Court explained: Read More
July 12, 2023 Court Extended Time to Oppose Motion Marked “Fully Submitted – No Opposition” and Rejected Cross-Motion for Fees and Costs
In an Opinion, dated June 5, 2023, in Amsterdam Capital Solutions, LLC v. WeWork Companies Inc., 2023 NY Slip Op 50543(U), Justice Robert R. Reed of the New York County Commercial Division granted plaintiff’s motion seeking an extension of time to file a partial opposition to defendant’s motion to dismiss and denied defendant’s cross-motion for costs and attorneys’ fees. The Court explained: Read More
July 10, 2023 Defendants Not Required to Demonstrate Merit of Proposed Counterclaim on Motion for Leave to Amend Answer
In an Opinion, dated June 6, 2023, in Vertiv, Inc. v. Naithani, 2023 NY Slip Op 50548(U), Justice Robert R. Reed of the New York County Commercial Division granted defendants’ motion for leave to amend their answer to assert a counterclaim for breach of contract in the form annexed to the moving papers. The Court explained: Read More
July 7, 2023 Motion to Hold Defendants in Civil Contempt Denied Where No Unequivocal Mandate
On June 5. 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. TPG Cap. Mgmt., L.P., 2023 N.Y. Misc. LEXIS 2734. The Court denied the plaintiff’s motion to hold certain defendants in civil contempt for allegedly filing a court order permitting plaintiff jurisdictional discovery, holding that the court order plaintiff alleged these defendants had violated did not contain an “unequivocal mandate” required by “[l]ongstanding New York Court of Appeals precedent” to establish civil contempt. Read More
July 5, 2023 Court Declines to Vacate Note of Issue Where Remaining Issues Could Be Decided on Post-Discovery Motions Or Were Not Preserved
On May 31, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Oldcastle Precast v. Steiner Bldg. N.Y. City LLC, 2023 N.Y. Misc. LEXIS 2675, denying defendants’ motion to vacate the note of issue. In the action, the parties had proceeded in discovery before a special referee, who had decided numerous discovery issues prior to the filing of the note of issue but left certain other issues relating to sanctions and the admissibility of certain expert reports for the Court to decide. The Court rejected defendants’ arguments that the special referee’s failure to decide these issues warranted vacating the note of issue, because those issues could still be addresses on summary judgment or motions in limine or were not preserved. Read More
June 23, 2023 Court Dismisses Claims That Parties Entered Into Partnership
In an Opinion, dated May 24, 2023, in Offshore Exploration & Prod., LLC v. De Jong Capital, LLC., 2023 NY Slip Op 50502(U), Justice Robert R. Reed granted defendant’s motion to dismiss the plaintiff’s causes of action for: (1) a declaratory judgment that the parties entered into a partnership; (2) breach of the partnership agreement; and (3) for breach of fiduciary duty that partners owe to each other. After determining that Texas law applied based on having more contacts with the action that New York, the Court explained: Read More
June 21, 2023 Court Determines Non-Solicitation Clauses Enforceable
In an Opinion, dated May 24, 2023, in Perella Weinberg Partners LLC v. Kramer, 2023 NY Slip Op 50501(U), Justice Robert R. Reed determined that non-solicitation clauses, which barred the solicitation of both employees and clients of plaintiff, in the parties’ agreements were enforceable. Defendants argued that the restrictive covenants were unenforceable insofar as they purported to bar defendants from communicating with persons with which they had relationships prior to their tenure at plaintiff and that each restrictive covenant was void as a matter of law. Plaintiffs argued the converse. The Court agreed with Plaintiffs, explaining: Read More
June 16, 2023 Motion for Default Judgment Based on “Nail and Mail” Service Denied For Failure to Complete “Due Diligence”
In a Decision and Order, dated May 19, 2023, in McGuigan v. Gendell, Index No. 650294/2021, Justice Joel M. Cohen denied plaintiffs’ motion for a default judgment finding that plaintiffs did not sustain their burden to establish proper service under CPLR 3215(f). The Court explained: Read More
June 14, 2023 Sale of Co-Op’s Air Rights Triggered BCL §909(a) Requirement of Shareholder Approval
In a Decision and Order, dated May 19, 2023, in Cogan v. Lei, Index No. 653221/2022, Justice Andrew Borrok held that the Purchase and Sale Agreement to sell a Co-op’s air rights was void for, among other reasons, failure to obtain shareholder approval. The Court explained: Read More
June 12, 2023 Plaintiff Entitled to Pursue Lost Profits on $830 Million Hotel Casino Project
In an Opinion, dated May 25, 2023, in BML Properties Ltd. V. China Construction America, Inc., Index No. 657550/2017, Justice Andrew Borrok denied defendants’ motion for summary judgment. The Court previously found that the fraud claims were not duplicative of the breach of contract claims because they relied on misrepresentations of then-current facts regarding the project. In this Opinion, the Court, among other things, refused to preclude plaintiffs, at this stage, from seeking lost damages. The Court explained: Read More
June 9, 2023 Motion for Leave to Amend Granted in Part and Denied in Part Following Appellate Division Decision
On May 19, 2023, Justice Joel M. Cohen, of the New York County Commercial Division, issued a decision in in Homapour v. 3M Props., LLC, 2023 N.Y. Misc. LEXIS 2496. The Court granted in part and denied in part the plaintiff’s motion for leave to amend the complaint, which was made following decisions made by the First Department and Second Department in the underlying action and related actions relevant to the motion. The Court denied the motion as to one specific claim which was barred by the prior First Department order, but otherwise granted the motion for leave to amend. Read More
June 7, 2023 Summary Judgment Denied Where Plaintiff’s Demand Conflicted with Parties’ Course of Dealing and Express Terms of Contract
On May 23, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in GalaxE.Healthcare Sols., Inc. v. RxSense, LLC, 2023 N.Y. Misc. LEXIS 2568. The Court denied the plaintiff’s motion for summary judgment, finding that the plaintiff’s claim was contradicted by the parties’ prior course of dealing and the express terms of the parties’ agreement. The Court explained: Read More
June 5, 2023 Late Response to Discovery Demands Does Not Waive Objections to Palpably Improper Demands
On May 22, 2023, Jennifer G. Schecter of the New York County Commercial Division issued a decision in LI v. Satsuma USA LLC, 2023 N.Y. Misc. LEXIS 2530. Ruling on multiple discovery-related motions, the Court ruled in relevant part that, while the plaintiff’s response to defendants’ post-deposition demands was untimely, a late response to discovery demands does not result in waiver of objections to palpably improper demands. Read More
June 2, 2023 Commercial Division Rule 27 Amended to Address Proper Subject of Motions in Limine
On May 15, 2023, the Acting Chief Administrative Judge of the Courts signed an administrative order amending Commercial Division Rule 27 to set a deadline for papers in opposition to motions in limine and to specify the types of evidence to which motions in limine should and should not be addressed. Read More
May 26, 2023 Court Dismisses Claims Because Agreement Expired
In an Opinion, dated May 1, 2023, in Richmond Global Compass Fund Mgt., GP, LLC v. Nascimento, 2023 NY Slip Op 31448(U), Justice Andrew Borrok granted in part defendant’s motion to dismiss. The matter concerned, inter alia, claims for breach of an agreement’s non-competition and non-solicitation provisions. The Court explained: Read More
May 24, 2023 Court Grants Motion To Compel Arbitration
In an Opinion, dated May 2, 2023, in Surgical Specialists of Greater N.Y. v. Aetna, Inc., 2023 NY Slip Op 31479(U), Justice Barry R. Ostrager granted defendants’ motion to compel arbitration. The Court explained: Read More
May 22, 2023 Court Grants Motion To Dismiss Legal Malpractice Claim
In an Opinion, dated May 2, 2023, in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2023 NY Slip Op 31505(U), Justice Margaret A. Chan granted defendant’s motion to dismiss a complaint for legal malpractice. The case concerned the narrowing of a turnover provision in a subordination agreement during the agreement’s negotiation. Plaintiff alleged that defendant failed to detect and inform it of the revision to the turnover provision, which effectively precluded its remedy against a junior lender. Justice Chan rejected defendant’s argument that it could not be held liable since plaintiff was supposed to read and know the contents of the subordination agreement, which it signed, and had its own General Counsel, noting that: Read More
May 19, 2023 Motion to Sever Claims Denied Because Discovery Regarding Liability and Damages May Be Related
In an Opinion, dated April 28, 2023, in ASM Capital, LP v. Four Wood Capital Partners LLC, Index No. 657238/2019, Justice Robert R. Reed denied defendants’ motion to sever and bifurcate plaintiffs’ causes of action for purposes of pre-trial discovery and motion practice. Defendants argued that in this action, where plaintiffs allege that defendants deprived them of the benefit of a business opportunity, discovery for liability and discovery for damages require the production of significantly different evidence. Denying their motion, the Court explained: Read More
May 17, 2023 Court Dismissed Claim to Inspect Books and Records Under BCL § 624 But Not Under Common Law
In a Decision and Opinion on Motion, dated April 12, 2023, in Hafeez v. American Express Co., Index No. 656656/2022, Justice Margaret A. Chan granted defendant’s motion to dismiss plaintiff’s claim for inspection of records that was brought pursuant to BCL § 624 but denied the same motion brought pursuant to common law. Plaintiff, a shareholder of American Express, sought to inspect defendant’s books and records following reports by the Wall Street Journal that American Express was using aggressive and misleading card tactics. The Court explained that, as to the statutory claim: Read More
May 15, 2023 Allegations Sufficient to Support Claim For Breach of Tortious Interference with Contract at Motion to Dismiss Stage, But Not Claims for Tortious Interference with Prospective Business Relations or Unfair Competition
In a Decision and Order on Motion, dated April 17, 2023, in Millennium Consolidated Holdings, LLC v. Bluefin Capital Management, LLC, Index No. 656387/2022, Justice Margaret A. Chan denied defendant’s motion to dismiss the claim for tortious interference with contract or, in the alternative, to stay the action pending a determination from FINRA on a related matter between plaintiffs and the non-party employee, but granted defendant’s motion to dismiss plaintiffs’ claims for tortious interference with prospective business relations and unfair competition. Defendant, a privately-owned multi-strategy trading firm, employed plaintiffs’ former employee who had signed several agreements that subjected him to non-compete and confidentiality obligations. The Court explained while the allegations were sufficient to support a claim for tortious interference with the restrictive covenants in the former employee’s agreements with plaintiffs, the other claims should be dismissed: Read More
May 12, 2023 Motion to Dismiss Improperly Granted Where New York and Colombian Law Differ
In a decision dated April 27, 2023, in ROAM Capital, Inc. v. Asia Alternative Management, LLC, Index No. 651728/2019, First Department Case No. 2022-01318, the First Department unanimously reversed, on the law, the decision of the Motion Court (Jennifer Schecter, J.), which dismissed the supplemental amended complaint (SAC) with prejudice pursuant to CPLR 3211. In reversing the Motion Court’s decision as to the SAC’s claim for breach of contract and other arising out of a “right of first refusal” provision in the applicable agreement, the First Department explained: Read More
May 10, 2023 Motion for Summary Judgment in Lieu of Complaint Properly Granted Despite Additional Performance Obligations by Borrower
In a decision dated May 2, 2023, in BBM3, LLC v. James Vosotas, Index No. 652015/21, First Department Case Nos. 2022-01935 and 2023-00050, the Appellate Division, First Department affirmed the decision by the Motion Court, Andrew Borrok, J., granting plaintiff’s motion pursuant to CPLR 3212 for summary judgment in lieu of complaint. The First Department explained: Read More
May 8, 2023 Motion for Leave to Amend Granted Where no Additional Discovery Needed
On April 5, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in National Union Fire Insurance Company of Pittsburgh, P.A. Ace American Insurance Company, Index No. 653702/2020. The Court granted Plaintiff National Union’s motion for leave to amend its complaint “to change its claim from breach of the duty good faith and fair dealing under New York law to equitable subrogation under Georgia law.” The Court held that the motion should be granted as the defendant showed no prejudice or surprise from the proposed amendment. The Court explained: Read More
May 5, 2023 Court Denies Motion to Depose Individual As Corporate Representative
In an Opinion, dated April 3, 2023, in Phillips Auctioneers LLC v. Grosso, Index No. 651782/2020, Justice Andrea Masley denied defendant’s motion to depose Nicola Del Roscio as the corporate representative of the Cy Twombly Foundation. The case arose out of a consignment contract between the plaintiff auction house and consignor defendant. The contract provided that plaintiff could withdraw the work at issue if there “is reasonable doubt as to its authenticity, authorship or attribution[]. . .” Plaintiff brought the action to recover an advance, withdrawal fee, and out-of-pocket expenses for the withdrawal of an alleged false artwork by Cy Twombly. Grosso counterclaimed. Grosso deposed David Baum, the Secretary and General Counsel of the Foundation, but argued that he was entitled to depose Del Roscio as well. Grosso claimed that plaintiff’s decision to withdraw the work at issue was principally informed by information from the Foundation and thus Del Roscio’s deposition was necessary. The Court rejected Grosso’s argument, explaining: Read More
May 3, 2023 Court Precludes Party From Introducing Exhibits And Witnesses And Objecting To Admissibility Of Other Party’s Exhibits
In an Opinion, dated March 31, 2023, in Kalamotousakis v. Karp, Index No. 655880/2019, Justice Melissa A Crane granted in part plaintiff’s motion in limine precluding defendants from introducing exhibits and witnesses at trial, as well as from objecting to the admissibility of plaintiff’s trial exhibits, but denied the motion to the extent it sought an order striking defendants’ answer and counterclaims. The Court explained: Read More
May 1, 2023 First Department Declines To Dismiss Cause of Action For Specific Performance of LLC Voting Agreement
In a Decision, dated January 24, 2023, in Tsai v. Lo, 212 A.D.3d 547 (1st Dept 2023), the First Department reversed the Motion Court’s dismissal of counterclaims for breach of contract and specific performance based on an alleged oral agreement by plaintiff to consent to both the future sale of the real property purchased by the LLC and/or the future sale of defendants’ interest in the LLC. The First Department explained: Read More
April 28, 2023 Court Denies Motion to Dismiss Aiding and Abetting Conversion
In Decision and Order, dated March 28, 2023, in NW Media Holdings Corp. v. IBT Media, Inc., Index No. 652344/2022, Justice Melissa Crane granted in part and denied in part defendant Etienne Uzac’s motion to dismiss. This blog commented on a separate opinion in this case on April 5, 2023. The case concerned the purchase of Newsweek by plaintiff NW Media Holdings from defendant IBT. Uzac is a founder and owner of IBT, as well as its CEO. Plaintiff brought several causes of action, but as relevant to the aiding and abetting conversion claim, the Court explained: Read More
April 26, 2023 Court Declines To Issue Sanctions For Discovery Violations But Suggests Significant Sanctions Would Follow If Defendant Failed To Comply
In a Decision and Order on Motion, dated March 30, 2023, in Zuckerbrot v. Lande, Index No. 655110/2020, Justice Joel M. Cohen granted in part plaintiffs’ motion concerning various discovery violations by defendant. While noting significant violations, the Court declined, at the current juncture, to impose sanctions, explaining: Read More
April 24, 2023 Court Grants Motion to Dismiss Based On Documentary Evidence
In a Decision and Order on Motion, dated April 4, 2023, in Directional Capital LLC v. Butterfly Equity L.P., Index No. 653741/2022, Justice Andrea Masley granted defendant’s motion to dismiss based on documentary evidence.  Plaintiff alleged that defendant violated a non-circumvention provision in the parties’ agreement, claiming it introduced defendant to Qdoba, which defendant subsequently announced it was buying.  The Court explained:  Read More
April 21, 2023 Projections and Estimates Contained in Investment Memorandum Not Basis for Claim of Fraud or Misrepresentation
In a Decision and Order, dated March 13, 2023, in Cimen v. HQ Capital Real Estate L.P., Index No. 656205/2020, Justice Joel M. Cohen of the New York County Commercial Division dismissed plaintiffs’ amended complaint asserting, among other things, fraud and negligent misrepresentation based on projections and estimates in an investment memorandum because plaintiffs failed to adequately allege that the projections were based on actionable factual misrepresentations or that they did not reflect defendants’ views with the requisite particularity. The Court explained: Read More
April 19, 2023 2022 Annual Report - Commercial Division of NYS Supreme Court
The page of the New York State Unified Court System 2022 Annual Report which describes the Commercia… Read More
April 17, 2023 First Department Finds Lower Court Applied Wrong State’s Law to Statute of Limitations and Standing
In a Decision, dated March 30, 2023, in MLRN LLC v. U.S. Bank, NA, 2023 NY Slip Op 01748, the First Department, among other things, (1) reversed the lower court’s denial of defendant’s motion to dismiss causes of action for certain breaches holding that the court should not have found that the claims accrued in New York and were timely under New York’s six-year statute of limitations and (2) reversed the lower court’s granting of plaintiff’s motion for summary judgment finding that court should have applied New York’s choice of law. The Court explained: Read More
April 14, 2023 Where Foreign Law Applies, Court Must Apply Limitations Period of Foreign Cause of Action Most Closely Analogous to the New York Causes of Action
On March 28, 2023, Justice Joel. M. Cohen of the New York County Commercial Division issued a decision in Andes Petroleum Ecuador Ltd. v. Occidential Petroleum Corp, 2023 N.Y. Misc. LEXIS 1385. In this action, where the claims accrued in Ecuador and thus the Ecuador statute of limitations applied, the Court had previously denied defendant’s motion to dismiss, “finding that [defendant] failed to meet its burden of showing that [plaintiff’s] claims were time-barred under Ecuadorian law.” The First Department reversed and remanded with the instruction that “the Court consider ‘the expert evidence provided by each side concerning what Ecuadorian causes of action are most closely analogous to the New York causes of action’ for fraudulent conveyance.” On remand, the Court held that the most closely analogous Ecuadorian cause of action had a four-year statute of limitations, and that because the claims had been filed more than four years after they accrued, the Court granted the motion to dismiss. The Court explained: Read More
April 12, 2023 Motion to Compel Arbitration Denied Despite Reference to Arbitration in Forum Selection Clause
On March 28, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in FFS Data Corp. v. the OLB Group, Inc., 2023 N.Y. Misc. LEXIS 1377. The Court denied the defendant’s motion to compel arbitration based on a dispute resolution provision contained in an asset purchase agreement between the parties. The Court noted that the provision in question “is a marvel of linguistic misdirection”, but ultimately determined that the defendant “has not carried its burden of establishing that the parties had a clear, explicit and unequivocal agreement mandating that they arbitrate disputes arising out of the APA.” The Court explained: Read More
April 10, 2023 Unconditional Guaranty is Instrument for Payment of Money Only Within the Meaning of CPLR 3213 Despite Indemnification Provision
On March 27, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in HCC Insurance Holdings, Inc. v. Athenium Analytics LLC, 2023 N.Y. Misc. LEXIS 1317. The Court held that an unconditional guaranty on a note was an instrument for the payment of money only within the meaning of CPLR 3213, even where the guarantee, in the preamble and within a provision providing for indemnification, including the word “performance.” The Court explained: Read More
March 29, 2023 Assignment Was Not Champertous
In a Decision and Order, dated March 1, 2023, in IKB Int’l S.A. v. Morgan Stanley, Index No. 653964/2012, Justice Melissa Crane granted in part and denied in part Morgan Stanley’s motion for summary judgment.  Schlam Stone & Dolan LLP represents Plaintiffs in this action.  Morgan Stanley argued, inter alia, that the assignment of claims to IKB AG was champertous.  The Court rejected this argument, explaining:  Read More
March 27, 2023 Recently Completed Assignment Sufficient For Standing At Pleading Stage
In a Decision and Order on Motion, dated March 7, 2023, in Finitive LLC v. Pattelli, Index No. 155024/2022, Justice Barry R. Ostrager granted in part and denied in part Defendants’ motion to dismiss. In denying that portion of Defendants’ motion to dismiss which argued that Plaintiffs, including Private Brokers LLC (“PB”), lacked standing, the Court explained: Read More
March 24, 2023 Lawyer’s “Good Faith” Judgment Call Invalid Defense to Violating Court Order
In a Decision and Order, dated January 17, 2023, in Silverstein v. Borukhin, Index No. 650418/2021, Justice Jennifer Schecter of the New York County Commercial Division ordered plaintiff’s counsel to pay sanctions for advising his expert that it was acceptable to photograph source code for use in his report without first seeking or obtaining defendants’ consent or court approval as required. The Court explained: Read More
March 22, 2023 Fee Shifting Provision in Partnership Agreement Cost Plaintiff Over $750,000
In a Decision and Order, dated February 17, 2023, in Gibbs v. Holland & Knight, LLP, Index No. 159345/2014, Justice Andrew Borrok of the New York County Commercial Division denied a former partner’s motion to vacate the arbitrator’s award of attorneys’ fees and costs to defendant law firm and granted defendant’s cross-motion to confirm the final award even though plaintiff prevailed on one discrete issue in the arbitration. The Court explained: Read More
March 20, 2023 Former Employee Entitled to Sever Claims Awarded on Summary Judgment
In a Decision and Order, dated February 21, 2023, in Baker v. Waller Capital Corp., Index No. 655859/2017, Justice Joel M. Cohen of the New York County Commercial Division granted plaintiff’s motion to sever the claims awarded on summary judgment so that he may begin to collect the amounts awarded as guaranteed payments pursuant to his employment agreement. The remainder of claims would proceed to trial. The Court explained: Read More
March 17, 2023 Attorneys’ Fees Award Reasonable Based on Work Completed and Result Achieved
On February 14, 2023, Justice Margaret Chan of the New York County Commercial Division issued a decision in Pacific Premier Bank v. HNI, LLC, 2023 N.Y. LEXIS 647, confirming the report and recommendation of Special Referee Jeremy R. Feinberg awarding plaintiff nearly $1 million in attorneys’ fees and costs incurred in the litigation pursuant to a contractual provision. The Court explained: Read More
March 15, 2023 Motion for Summary Judgment Premature After Grant of Motion to Compel
On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Ninth Space LLC v. Goldman, 2023 N.Y. Misc. LEXIS 706, holding that a motion for summary judgment was premature where a recent Appellate Division decision in the case had necessitated reopening discovery into certain aspects of the case and after the court had granted a motion to compel that discovery. The Court explained: Read More
March 13, 2023 Motion to Amend Granted When Not Palpably Insufficient and Would Not Impact Upcoming Trial Date
On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Baker v. Waller Capital Corp., 2023 N.Y. Misc. LEXIS 709, granting plaintiff’s motion to amend in part to add claims for fraudulent conveyance and conversion against certain defendants. The Court explained: Read More
March 3, 2023 Court Grants Motion To Dismiss Negligence Claims Against Bank
In a Decision and Order, dated January 10, 2023, in Q3 Inv. Recovery Veh. LLC v. McEvoy, Index No. 657090/2020, Justice Andrea Masley granted Signature Bank’s motion to dismiss the amended complaint against it. Plaintiff had alleged that Signature was negligent and grossly negligent for permitting investor funds deposited into an account at Signature to be fraudulently transferred out of the account rather than invested in a cryptocurrency exchange. Noting that under New York law banks do not usually owe non-customers a duty to protect them from the intentional torts of their customers, the Court noted there was an exception for trust accounts or fiduciary accounts. The Court explained: Read More
March 1, 2023 Plaintiffs Precluded From Using Evidence Of Alleged Fraudulent Transfers As Proof Of Consciousness of Guilt
In a Decision and Order, dated January 27, 2023, in Beach v. Touradji Capital Mgmt, LP, Index No. 603611/2008, Justice Andrea Masley granted Defendant’s motion to preclude Plaintiffs from offering evidence and testimony regarding distributions made between 2012 and 2018 that were the subject of a separate lawsuit. The Court explained: Read More
February 27, 2023 Dead Man’s Statute Does Not Preclude Evidence Concerning Disputed Agreements On Summary Judgment
In an Opinion, dated January 24, 2023, in 35 W. Realty, LLC v. Booston, LLC, Index No. 653674/2015, Justice Margaret A. Chan denied Plaintiff’s in limine motion to preclude evidence concerning disputed agreements based upon CPLR § 4519, also known as the Dead Man’s Statute. The Court explained: Read More
February 24, 2023 Conversion Claim Withstands Motion to Dismiss Even Though Plaintiffs Plead Alternate Arguments About Transferred Funds
In a Decision and Order, dated January 31, 2023, in Hieber Astoria, LLC v. Taverna, Index No. 650793/2022, Justice Andrew Borrok of the New York County Commercial Division denied Mr. Taverna’s motion to dismiss the conversion claim against him even though plaintiffs took the position that the funds which were taken from their entity and transferred to another entity were either converted or should be treated as their capital contributions in the new entity. The Court explained: Read More
February 22, 2023 Court Requires Full Disclosure in Business Divorce Action, Rejecting Defendants’ Attempt to Provide Less than All Required Information and Discovery
In a Decision and Order, dated January 30, 2023, in UniLoeb Holdings LLC v. Shamus, Index No. 651136/2022, Justice Andrew Borrok of the New York County Commercial Division denied defendants’ argument that the claims for breach of the Operating Agreement and for an equitable accounting were moot and that it was not required to comply with certain discovery orders because a stay of discovery from non-parties was in place. The Court explained: Read More
February 17, 2023 Sanctions, But Not Striking of Pleadings, Warranted for Failure to Properly Produce or Log Privileged Documents
On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Lis v. Lancaster, 2023 N.Y. Misc. LEXIS 182, permitting the plaintiff to make a motion for sanctions in the form of its reasonable attorneys’ fees in making a discovery motion where the opposing party improperly withheld documents pursuant to the attorney-client privilege without properly logging those documents on a privilege log. The Court denied the motion insofar as it asked the Court to strike the defendants’ pleadings pursuant to CPLR 3126. The Court explained: Read More
February 15, 2023 Forum Selection Clause Insufficient to Warrant Dismissal Where Litigation Does Not Arise Out of Contract Including Clause
On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Meltzer v. Kentucky Hi Tech Greenhouses LLC, 2023 N.Y. Misc. LEXIS 160, dismissing in part and granting in part defendants’ motion to dismiss. The Court denied the motion insofar as it sought dismissal of the entire action pursuant to CPLR 3211(a)(1) based on a forum selection clause in the defendant’s operating agreement or the forum selection clause in a settlement agreement between the parties. The Court held that neither forum selection clause applied because each related solely to specific issues that were not the issues in the pending action, explaining: Read More
February 13, 2023 Order Granting Motion to Dismiss Sufficient to Make Party “Prevailing Party”
On January 13, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in Parkmerced Invs., LLC v. WeWork Cos. LLC, 2023 N.Y. Misc. LEXIS 213, holding that a party was the “prevailing party” for the purpose of awarding attorneys’ fees pursuant to a contractual provision permitting the award of fees to the prevailing party where it had obtained an order granting its motion to dismiss the claims against it in its entirety. The Court explained: Read More
February 3, 2023 License Agreement Properly Terminated Based On Material Breach
In a Decision and Order, dated January 13, 2023, in Screen Media Ventures, LLC v. Capella International, Inc. Index No. 654358/2012, Justice Andrew Borrok granted Capella International’s motion for summary judgment in its entirety. The Court explained: Read More
February 1, 2023 Court Denies Motion To Vacate Default Judgment
In a Decision and Order, dated January 5, 2023, in Yunjie Frank Yang v. Knights Genesis Group, Index No. 651118/2021, Justice Andrew Borrok denied Defendant’s motion to vacate a default judgment. The Court explained: Read More
January 30, 2023 Court Denies Preliminary Injunction Because Plaintiffs Merely Sought Monetary Relief
In a Decision and Order, dated January 12, 2023, in Benefit St. Partners Realty Operating Partnership, L.P. v. Di Hao Zhang, Index No. 653238/2022, Justice Margaret A. Chan denied Plaintiff’s motion for a preliminary injunction and an attachment. As to the preliminary injunction, Justice Chan concluded that Plaintiffs had not established the identifiable proceeds exception to the general rule that there is no irreparable harm where the injury can be reduced to monetary damages. The Court explained: Read More
January 27, 2023 Summary Judgment Granted Where Defendants Fail to Rebut Prima Facie Case
In a Decision and Order, dated January 5, 2023, in Cline v. Schuster Enters., LLC, Index No. 656167/2021, Justice Joel M. Cohen of the New York County Commercial Division granted plaintiff’s motion for summary judgment where defendants did not rebut evidence that they failed to repay a loan in full by the expiration of the forbearance term. The Court explained: Read More
January 25, 2023 No Delay Required Before Attorneys Withdraw Where There’s Breakdown of Attorney-Client Relationship
In a Decision and Order, dated July 25, 2022, in Adler v. Mitchell, Index No. 650805/2019, Justice Robert R. Reed of the New York County Commercial Division granted the Order to Show Cause to Withdraw as Counsel filed by defendants’ counsel where defendants had stopped paying counsel’s fees. The Court explained: Read More
January 23, 2023 Non-Specific Assertions that Actions Should be Consolidated Held Insufficient to Shift Burden
In a Decision and Order, dated January 9, 2023, in Youyi Chen v. 215 Chrystie Venture, LLC, Index No. 655908/2020, Justice Robert R. Reed of the New York County Commercial Division denied defendants’ motion for consolidation where one action sounded in pre-contractual tort claims and the other actions involved post-contractual breach of contract claims. Rejecting defendants’ argument that plaintiffs had to show prejudice, the Court explained: Read More
January 20, 2023 Plaintiff Cannot Bring Claim for Rescission Where There was a Meeting of The Minds
On December 20, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a case in Ametek, Inc. v. Goldfarb, 2022 N.Y. Misc. LEXIS 7917, dismissing the defendants’ counterclaim for rescission but denying the motion to dismiss the counterclaim for reformation where the defendants did not dispute that there was a meeting of the minds as to the relevant contract provision but disputed whether the provision in the written contract reflected the agreement of the parties, explaining: Read More
January 18, 2023 Company President Cannot Bring Litigation in Company’s Name Absent Board or Shareholder Approval
On December 28, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a case in NW Media Holdings Corp. v. IBT Media Inc., 2022 N.Y. Misc. LEXIS 8386, holding that where a closely held company’s by-laws require approval by a majority of the board or shareholders to bring litigation, the president of that corporation does not have the authority to bring litigation in the name of the corporation absent such a vote, explaining: Read More
January 6, 2023 Plaintiff Stated Claim For Breach Of The Implied Covenant Of Good Faith And Fair Dealing
In an Amended Decision and Order, dated December 3, 2022, in EarthLink, LLC v. Charter Commc’ns Operating, LLC., Index No. 654332/2020, Justice Andrea Masley granted in part and denied in part Defendant’s motion to dismiss Plaintiff’s claim for breach of the implied covenant of good faith and fair dealing based on Defendant’s making false representations to EarthLink’s subscribers and by wrongfully increasing the price of EarthLink’s service to its subscribers.  The Court explained: Read More
January 4, 2023 Party May Add Declaratory Judgment Claim Seeking Ruling On Whether Entities Can Be Admitted As LLC Members
In a Decision and Order, dated December 9, 2022, in Bessemer Trust Co., N.A. v. Hart, Index No. 655830/2019, Justice Joel M. Cohen granted Plaintiff’s motion to amend to, inter alia, include a declaratory judgment claim to recognize certain entities’ rights with respect to two LLC’s. The Court explained: Read More
December 30, 2022 Acknowledgement of Conflict Insufficient to Support Claim for Disgorgement of Fees
In a Decision and Order, dated December 8, 2022, in Marcum LLP v. L’Abbate, Balkan, Colavita & Contini, L.L.P., Index No. 151586/2021, Justice Joel Cohen of the New York County Commercial Division, among other things, dismissed plaintiff’s claim to recover legal fees paid in connection with allegedly negligent work but not plaintiff’s claim for compensation for its increased legal expenses arising out of defendant law firm’s late withdrawal as counsel. The Court explained: Read More
December 9, 2022 Court Grants Motion To Dismiss Individuals Due To Lack of Personal Jurisdiction
In an Opinion, dated October 25, 2022, in Cortlandt St. Recovery Corp. v. TPG Capital Mgt., L.P., Index Number 65117618/2017, Justice Robert R. Reed granted, inter alia, individual defendants’ motions to dismiss for lack of personal jurisdiction.  Plaintiff had brought the action regarding promissory notes known as “floating rate subordinated notes due 2015” issued by a nonparty shell company.  The Court rejected Cortlandt’s argument that it had jurisdiction over the individuals under an alter ego theory and the closely-related doctrine.  The Court explained:  Read More
December 7, 2022 Court Grants Company’s Motion To Deny COO Indemnification
In a Decision and Order, dated November 7, 2022, in Iconix Brand Group v. Horowitz., Index No. 650726/2022, Justice Barry R. Ostrager granted, in significant part, plaintiff’s motion for a declaration that it is not required to indemnify its former COO for any fees incurred in connection with criminal and SEC investigations arising out of financial and accounting issues that arose while defendant was the COO of plaintiff. The Court explained: Read More
December 5, 2022 Court Enjoins Club Operator From Playing Amplified Music
In a Decision, dated November 7, 2022, in 42 W. Group v. 510 W42 Hotel Operating LLC, Index No. 652713/2022, Justice Joel Cohen granted a preliminary injunction in a commercial landlord tenant proceeding to prohibit plaintiff from using amplification devices that would make sound audible from outside of the premises, in accordance with the terms of the commercial lease between defendant and plaintiff. The Court set the undertaking required for the preliminary injunction at $10,000, explaining: Read More
December 2, 2022 Unjust Enrichment Claim Dismissed Due to Lack of a Sufficient Relationship Between the Parties
In a Decision and Order, dated August 15, 2022, in Arel Capital Partners II LLC v. HFZ RES Portfolio Holdings LLC, Index No. 653727/2021, Justice Andrew Borrok of the New York County Commercial Division dismissed, among other claims, causes of action for unjust enrichment and constructive trust against JP Morgan Chase Bank N.A. based on repayment of a loan JPM made to parties who allegedly breached an agreement with plaintiff. The Court explained: Read More
November 30, 2022 Court Resolved Contractual Ambiguity and Awarded Damages to Give Plaintiff Benefit of the Bargain
In a Decision and Order, dated August 22, 2022, in 57th & 60th St. Lender LLC v. State Bank of Tex., Index No. 654007/2018, Justice Jennifer Schecter of the New York County Commercial Division found the phrase “repaid in full” in a mortgage loan sale agreement to be ambiguous and, after holding a bench trial, resolved that ambiguity in favor of plaintiff and awarded damages in the amount plaintiff would have recovered on the loans had the agreement not been breached plus interest and attorneys’ fees. The Court explained: Read More
November 28, 2022 Court Abused Discretion by Going Beyond Four Corners of Complaint to Permit Amendment with Time-Barred Claim
In a Decision, dated October 27, 2022, in 34-06 73, LLC v. Seneca Ins. Co. (2022 NY Slip Op 06029), the Court of Appeals held that the lower court abused its discretion as a matter of law when it granted plaintiffs’ motion to amend to include a time-barred claim. The Court explained: Read More
November 11, 2022 Court Denies Motion To Set Aside Jury Verdict
In an Opinion, dated October 1, 2022, in 30-32 W. 31st LLC v. Heena Hotel LLC, Index Number 651918/2012, 2022 NYLJ LEXIS 1774, Justice Joel M. Cohen denied both parties’ motions for post-trial relief. The Court explained: Read More
November 9, 2022 Court Denies Motion To Seal Documents From Public View
In an Opinion, dated October 24, 2022, in Bravia Capital H.K. v. HNA Group Co., 2022 NY Slip Op 51039(U), Justice Robert R. Reed denied withdrawing counsel’s motion to permanently seal the documents filed in support of withdrawal.  The Court explained:  Read More
November 7, 2022 Plaintiff Did Not Allege Violation Of The Securities Act of 1933
In an Opinion, dated October 24, 2022, in Lorenzo v. Bluecity Holdings Ltd, Index No. 652894/2021, 2022 NYL Slip Op 51055(U), Justice Andrew Borrok dismissed Plaintiff’s amended complaint which asserted causes of action under the Securities Act of 1933 in connection with the Defendant’s IPO. The Court explained: Read More
November 4, 2022 Arbitration Permanently Stayed by Order to Show Cause After JAMS Was Ready to Proceed to the Selection of Arbitrator
In a Decision and Order, dated August 24, 2022, in Allyance Media Grp., Inc. v. Acker Family 2016 Gift Trust (2022 NY Slip Op 32888(U)), Justice Chan of the New York County Commercial Division held that CPLR 7503 did not bar a party whose counsel submitted letters to JAMS from applying for a stay more than twenty days after it received notice of the intention to arbitrate because the letters to JAMS stated its position that JAMS is not empowered to determine the threshold issue of arbitrability and the notice of intention to arbitrate did not include the requisite language of CPLR 7503(c). The Court explained: Read More
November 2, 2022 Opportunity to Comment on Proposed Change to Commercial Division Rules Regarding Virtual Evidentiary Hearings and Bench Trials
The Office of Court Administration has asked for public comment on the Commercial Division Advisory … Read More
October 31, 2022 Fee Shifting Between Partners Denied Without “Unmistakably Clear” Language of Intent
In a decision dated October 20, 2022, in Sage Systems, Inc. v. Liss, 2022 NY Slip Op 05918, the New York Court of Appeals reversed the Appellate Division and rejected plaintiff’s argument that a broad, unrestrictive indemnification provision in the partnership agreement entitled it to attorney’s fees related to direct claims between the partners. The Court explained: Read More
October 14, 2022 Notice Of Motion For Subpoena To Department Of Design and Construction of New York City Must Be Given To New York City
In an Opinion, dated September 29, 2022, in Lastinc, LLC v. AECOM USA, Inc., 2022 NY Slip Op 50958(U), Justice Robert R. Reed denied Plaintiff’s request, without prejudice, for the issuance of a judicial subpoena because plaintiff had failed to serve the motion on the City of New York even though the records sought fell within the ambit of CPLR 2307. The Court explained: Read More
October 12, 2022 Decision In Prior Case Between The Parties Barred Most Of Plaintiff’s Claim
In an Opinion, dated September 26, 2022, in Five Star Elec. Corp. v. Silverite Constr. Co., 2022 NY Slip Op 50899(U), Justice Robert R. Reed held that a prior decision by Justice Cohen in a different dispute between the parties barred substantially all of Five Star’s claim. The Court explained: Read More
October 10, 2022 LLC Managing Member Did Not Breach Fiduciary Duty In Diverting Investment Opportunity To Another Company
In a Decision After Trial, decided September 20, 2022, in Shatz v. Chertok, Index No. 655620/2018, 2022 NYLJ LEXIS 1635, Justice Jennifer Schecter held that the defendant managing member of an LLC did not breach his duty to the plaintiff non-managing member when he failed to present an opportunity to invest in a company known as Ripple Labs, Inc. The Court explained: Read More
October 7, 2022 Venue Cannot be Based on Domicile of Party Added to Action
On September 26, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Ahlin v. Lehr, Index No. 155191/2021, granting defendant’s motion for a change of venue from New York County to Westchester County, notwithstanding that the principal place of business of one of the parties was New York County because it was not a party when the action was commenced. The Court explained: Read More
October 5, 2022 Good Cause to Seal Documents Turns on Answers to Deposition Questions
On September 5, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in BDO United States v. Franz, Index No. 652816/2020, granting in part and denying in part a renewed motion to permanently seal court documents containing interviews of former employees about the development of proprietary tools in an action for breach of their employment contracts, explaining: Read More
October 3, 2022 Unopposed Motion for Judicial Subpoena Denied for Failure to Comply with CPLR 2307
On September 6, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in 63rd & 3rd NYC LLC v. Starr Indemnity & Liability Co., Index No. 650395/2020, denying, without prejudice, a motion, that was unopposed, requesting that the court issue a judicial subpoena directing a governmental department to produce documents because the movant failed to comply with the motion requirements of CPLR 2307. The Court explained: Read More
September 30, 2022 Sealing of Proprietary Business Information Permitted When Disclosure Would Threaten Party's Competitive Advantage
On August 9, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Linkable Networks v. Mastercard Inc., 2022 NYLJ LEXIS 1007, granting a motion to seal information that one of the parties claimed contained sensitive financial information concerning business strategies, licensing agreements and fees of nonparties, and proprietary materials reflecting commercial interests, business strategy, and legal planning, explaining:  Read More
September 9, 2022 Foreign Garnishee Banks that Maintain Bank Accounts in New York to Effect Dollar Transactions and the Funds Held in those Banks’ Correspondent Accounts Not Subject to Personal or Quasi-In-Rem Jurisdiction
On August 3, 2022, in Chaar v. Arab Bank P.L.C., Index No. 651780/2022, Justice Margaret Chan of the New York County Commercial Division denied plaintiffs’ motion to confirm a prior order of attachment for lack of quasi-in-rem jurisdiction. While plaintiffs asserted various activities by the defendant banks and their executive and board members in New York, including conducting banking activities, trading on the New York Stock Exchange and investing in real estate, those activities were not sufficiently related to plaintiffs’ claims to establish the constitutionally mandated minimum contacts. Read More
September 7, 2022 Confidentiality Stipulation Insufficient to Support Finding of Good Cause to Seal Documents and None Exists as to Information that is Embarrassing But Not Proprietary
On August 8, 2022, in Cf 125 Holdings LLC v. 125 LLC et al., Index No. 850143/2019, Justice Andrea Masley of the New York County Commercial Division granted in part and denied in part defendant’s motion to seal documents pursuant to Section 216.1 of the Uniform Rules for New State Trial Courts distinguishing communications that contain strategic information and could give a competitor an unearned advantage from documents that contain information that is inflammatory or embarrassing but not proprietary or confidential. The Court explained: Read More
August 26, 2022 Commercial Division Rule 6 Amended to Require Answer to Interlineate Each Allegation To Which It Responds
On August 17, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Rule 6 of the Commercial Division Rules to require that a responsive pleading "interlineate each allegation of the pleading to which it is responding with the party's response to that allegation." The full text of the amended rule, which becomes effective on September 12, 2022, is below: Read More
August 12, 2022 Plaintiffs Permitted to File Second Amended Complaint to Clarify Causes of Action Where Complaint Not Patently Devoid of Merit and Defendants Not Prejudiced
On July 25, 2022, in Ketterer v. Grayson, Index No. 653510/2021, Justice Borrok of the New York County Commercial Division granted plaintiffs leave to file a Second Amended Complaint. The original complaint asserted derivative claims and the amended complaint asserted claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and unjust enrichment. In the Second Amended Complaint, plaintiffs sought to add additional factual allegations relating to already plead claims, remove certain causes of action, and clarify that the remaining causes of action are brought directly, and not derivatively. Read More
August 10, 2022 Manager of LLC Satisfied Contractual Obligation to Provide Annual Financial Statements by Providing Tax Returns
On March 28, 2022, in BCI Fin. Holdings LLC v. RT Two LLC, Index No. 653394/2020, Justice Margaret Chan of the New York County Commercial Division granted summary judgment dismissing defendant and counterclaim-plaintiff’s counterclaim for breach of the operating agreement based on the manager’s failure to provide the annual financial statements as expressly required finding that the tax returns that were provided could serve as financial statements because they contain the required information and adopt the required accounting standard. Read More
August 8, 2022 Court Puts Substance Over Form to Deny Pre-Answer Motion to Dismiss Breach of Contract Claim
On April 8, 2022, in AFL Constr. Co., Inc. v. Roosevelt Is. Operating Corp., Index No. 656072/2021, Justice Ostrager of the New York County Commercial Division denied defendant’s pre-answer motion to dismiss plaintiff’s breach of contract claim rejecting defendant’s argument that dismissal was proper where plaintiff did not provide its “notice of claims” in accordance with the literal language of the contract.  The Court held that it was premature to dismiss the breach of contract claim at the pre-answer motion to dismiss stage because a dispute exists as to whether plaintiff’s notices were sufficient to comply with the meaning, purpose, and intent of the contract. Read More
July 25, 2022 The Business Council of New York State, Inc., Holds Webinar Discussing Benefits of the Commercial Division
On June 7, 2022, The Business Council of New York State, Inc., held a webinar entitled "The Benefits of the Commercial Division to the State of New York."  The Business Council is New York State’s largest business organization--made up of approximately 3,500 member companies, local Chambers of Commerce, and professional and trade associations). This webinar discusses how the Commercial Division helps to increase business activity in New York, and to thus generate tax revenue and provide jobs. Specifically, this webinar discusses recent improvements to the Commercial Division’s rules, procedures, and operations that have been designed to be responsive to the needs and concerns of the business community. Read More
July 15, 2022 Class Action Tolling Does Not Apply to Trusts That Did Not Join the Class
On May 10, 2022, in Zittman v. Bank of N.Y. Mellon, Index No. 656037/2021, Justice Andrew Borrok of the New York County Commercial Division held that tolling that saved claims brought by a class of certificate holders in residential mortgage-back security trusts did not apply to claims relating to trusts that were not part of the class even though the plaintiffs and trustee were the same and the claims similar. Read More
July 13, 2022 CPLR 3213 Unavailable Where Personal Guaranty Agreement Did Not Incorporate All Necessary Terms and Conditions by Reference
On March 8, 2022, in Sanghvi Diamonds LLC v. Agadjani, Index No. 652445/2021, Justice Joel M. Cohen of the New York County Commercial Division denied the award of summary judgment in lieu of complaint because the unconditional right to payment was not clear from the face of a document. Further, even though defendant acknowledged owing about 80% of the amount plaintiff sought, because each transaction represented a distinct contract for sale, the question of damages was tied up with the question of liability and the motion under CPLR 3213 was deemed a complaint. Read More
July 11, 2022 Opinions Are Not Defamatory Even If Offensive
On April 1, 2022, in Lewis v. Schuster, Index No. 157975/2020, Justice Andrea Masley of the New York County Commercial Division dismissed a defamation action brought by a former partner of a law firm who was terminated after being accused of sexual misconduct. The former partner sued both the law firm and several of its partners for wrongful termination and later, in an amended complaint, defamation.  In this action, the former (terminated) partner sued an attorney representing one of the law partners for allegedly defamatory statements made to the New York Law Journal which wrote an article covering the amended complaint. Read More
June 27, 2022 Attorney Affirmation Made Upon Information and Belief Cannot Support Motion for Default Judgment
On May 10, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Stanziale v. Perlson, 2022 N.Y. Slip Op. 31528(U), holding that an attorney affirmation was insufficient to support a motion for default judgment when many of the allegations in the affirmation were based on information and belief, explaining: Read More
June 17, 2022 Contractual Obligation to Maintain Insurance and Indemnify Party Demonstrates It Was Intended Beneficiary of Contract
On March 29, 2022, in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., INDEX NO. 656079/2018, Third-Party Index No. 596075/2019, Justice Andrew Borrok of the New York County Commercial Division denied those portions of third party defendant contractor’s motion to dismiss the amended third party complaint alleging breach of contract and contractual indemnification because the contractual language is clear that the third party plaintiff architect/engineer was an intended beneficiary of the contract. Read More
June 15, 2022 Alleging "Cardinal Changes" in Construction Work Sufficient to Warrant Granting Leave to Amend Complaint to Add Quantum Meruit Claim
On April 20, 2022, in L&M Fabrication & Mach., Inc. v. Lane Constr. Corp, Index No. 152899/2021, Justice Joel Cohen of the New York County Commercial Division granted plaintiff leave to file an amended complaint adding a cause of action for quantum meruit based on alleged “cardinal changes” in the construction work at issue. Read More
June 13, 2022 Text Messages Insufficient to Satisfy Statute of Frauds Mandate that Writing Memorializing Oral Contract be "Subscribed"
On May 6, 2022, in Han v. Chen, Index No. 651073/2018, Justice Joel Cohen of the New York County Commercial Division granted defendants’ motion for summary judgment dismissing plaintiff’s claim of breach of an oral agreement to sell two cemetery plots. The Court rejected plaintiff’s argument that text messages along with a signed Application for Approval to Transfer Cemetery Property, a signed and acknowledged Lost Deed Affidavit, two checks cashed by defendants identified as payment by plaintiff, and handwritten notes on the cemetery map identifying the locations of the two lots satisfied the statute of frauds because text messages are not a satisfactory writing and the documents did not state all of the material and essential terms of a complete agreement such as price, identity of the parties, the parcel of real estate to be sold, the closing date, the quality of title to be conveyed, adjustments for taxes and risk of loss.  Read More
June 1, 2022 Commercial Division Rule 11 Amended to Emphasize Proportionality, Reasonableness, and Efficiency
On May 16, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rule 11 to (i) include a preamble emphasizing proportionality and reasonableness in discovery requests, and (ii) allow the court to order the parties to prepare a document at the outset of the case stating "clearly and concisely" the issues in the case and the elements and necessary facts for each claim. Read More
May 19, 2022 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
May 17, 2022 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
April 21, 2022 Owner Has Standing Even Though It Was Not a Party to Consignment Agreement
On January 11, 2022, in Artemus USA LLC v Leila Taghinia-Milani Inc., 2022 NY Slip Op 00115, the First Department, inter alia, affirmed the denial of defendants’ motion to dismiss the breach of contract claim brought by the owner of artwork who was not a party to the consignment agreement for lack of standing. Read More
April 20, 2022 Failure to Commence Lien-Foreclosure Action Within One Year of its Filing Did Not Preclude Recovery Written by: Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
On January 10, 2022, Justice Elizabeth H. Emerson of the Suffolk County Commercial Decision issued a decision in American Universal Supply Inc. v Gibson Air Mech. Inc., 2022 NY Slip Op 50018(U), holding that plaintiff's failure to commence an action to foreclose its mechanic's lien did not preclude it from seeking recovery on the bond substituted therefor and that plaintiff properly and timely asserted its claim to recover on the bond. Denying defendant insurers’ motion to dismiss. Read More
April 18, 2022 Estate of Deceased Partner Could Not Bring Action Regarding Forged Deed Owned by the Partnership Written by: Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
In a decision dated January 12, 2022, the Second Department in Abruzzi v. Bond Realty, Inc., 2022 NY Slip Op 00156, held, inter alia, that that portion of the complaint seeking a judgment declaring a deed to certain real property to be void and to recover damages for fraudulent concealment and unjust enrichment was properly dismissed on summary judgment. The property at issue was held by a partnership and the deed which purported to transfer the property from the partnership to a corporation included the signature of one partner who had been dead for approximately 23 years. The Court explained: Read More
April 8, 2022 Amendments to Commercial Division Rules Attempt to Consolidate and Modernize Rules Concerning ESI
On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rules 1, 8, 9, 11-c, 11-e, and 11-g to consolidate and modernize rules concerning discovery of electronically stored information (ESI). The crux of the amendments, which become effective on April 11, 2022, is in amended Rule 11-c--which sets out standards for the collection, review, and production of ESI.  Read More
April 5, 2022 One-Action Rule Does Not Bar Simultaneous U.C.C. Foreclosure and Action to Foreclose on Mortgage and Recover Deficiency Judgment from Guarantors
On February 28, 2022, Justice Elizabeth H. Emerson of the Suffolk County Commercial Division issued a decision in Nebari Natural Resources Credit Fund I, LP v. Speyside Holdings, LLC, 2022 N.Y. Slip Op. 50164(U), holding that New York's one-action rule does not bar a lender from conducting a U.C.C. foreclosure while simultaneously bringing an action to foreclose on a mortgage and recover a deficiency judgment under various "bad boy" guaranties, explaining: Read More
March 25, 2022 Subpoena Quashed Where It Sought to Ascertain Existence of Evidence Written by: Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
In a Decision dated January 26, 2022, in Tsunis Gasparis LLP v Ring, 2022 NY Slip Op 50070(U), Justice Emerson of the New York Supreme Court, Suffolk County, granted in part defendants’ motion for a protective order and for an order quashing subpoenas served on a CPA firm and banks. Read More
March 23, 2022 Dismissal of Breach of Contract Claim Decisive of Motion to Dismiss Complaint
In a Decision and Order dated January 11, 2022, in Misamore v Godfrey, 2022 NY Slip Op 00131, the First Department unanimously and summarily affirmed that where there was no breach of contract, the other claims for breach of implied covenant of good faith and fair dealing, tortious interference, and unjust enrichment had to be dismissed. Read More
March 21, 2022 Information about Law Firm's Other Clients Irrelevant to Plaintiffs' Claim that Firm Fraudulently Induced Them into Bogus Tax Shelter Scheme
In a Decision and Order dated February 4, 2022, in Berman v. Holland & Knight, Index No. 652466/2015, Justice Cohen denied plaintiffs' motion to compel its former attorneys from identifying clients who were advised about the same tax shelter strategy as were plaintiffs. Plaintiffs alleged that Holland & Knight lured them and other clients into investing millions of dollars in a bogus tax shelter scheme by giving them knowingly false legal advice in opinion letters. Denying the motion, the Court found that the privileged information that was sought was not relevant to their fraud claim: Read More
March 9, 2022 Mezzanine Lender Cannot Prevent Mortgage Lender From Foreclosing on Real Property
On February 14, 2022, Justice Andrew Borrok of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. 342 Prop. LLC, 2022 N.Y. Slip Op. 30488(U), holding that, absent a controlling clause in an intercreditor agreement, a mezzanine lender had no basis to contest the mortgage lender's right to foreclose on the real property securing the mortgage loan, explaining: Read More
March 7, 2022 Ambiguous Lease Clause Could Entitle Commercial Tenant to Rent Abatement During COVID Period
On February 24, 2022, the First Department issued a decision in Schulte Roth & Zabel LLP v. Metropolitan 919 3rd Avenue LLC, 2022 N.Y. Slip Op. 01261, holding that a clause in tenant-law firm Schulte Roth & Zabel's commercial lease entitling the tenant to a rent abatement under designated circumstances was ambiguous, and so the landlord's motion to dismiss the tenant's complaint for a rent abatement during the COVID period when most of the tenant's employees were working remotely was properly denied, explaining: Read More
February 25, 2022 Lack of Due Diligence and Awareness of Risks Irrelevant Where Claim is for Fraudulent Inducement
On January 5, 2022, Justice Masley of the New York County Commercial Division issued a decision in BRL Hampton Rd. LLC v. Heather, 2022 NY Slip Op 30039(U), granting plaintiff summary judgment even though it failed to conduct due diligence, was aware of the risks with a startup and was the one who had the idea to lend $1 million to defendant to get the construction project moving. The Court explained: Read More
February 23, 2022 Plaintiff Cannot Claim Fraud Despite Concealment Where Party’s Action Was Consistent with SLA
On January 27, 2022, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v ASG Tech. Group, Inc., 2022 NY Slip Op 30299(U), granting defendant’s motion to dismiss claims for fraudulent inducement and violation of GBL § 349 and denying plaintiff’s affirmative defense of fraud where plaintiff alleged, among other things, that defendant concealed its belief that plaintiff was in violation of the Overlapping Customer Restriction: Read More
January 31, 2022 New Commercial Division Rule Mandates Settlement Conference After Filing of Note of Issue
On January 7, 2022, Chief Administrative Judge Lawrence J. Marks amended Commercial Division Rule 30 to mandate that "parties in every case pending in the Commercial Division must participate in a court-ordered mandatory settlement conference (MSC) following the filing of a Note of Issue." Read More
January 28, 2022 COVID Does Not Fall Under Insurance Policy Exclusion
In Tina Turner Musical LLC v Chubb Ins. Co. of Europe SE, 2021 NY Slip Op 51143(U), a decision dated December 6, 2021, Justice Borrok denied Chubb’s motion to dismiss an action to recover losses for cancellation of the Broadway show due to COVID. The Court explained: Read More
January 26, 2022 Executors of Late Father’s Estate Have Standing to Sue Non-Profit and Its Directors
On November 26, 2021, in Epstein v Epstein Teicher Philanthropies, 2021 NY Slip Op 32460(U), Justice Masley held that co-successor executors of an estate that bequeathed money to a charitable organization had standing to sue the nonprofit and its directors for failure to obey the charity’s purpose by donating money to Ohio rather than NY based institutions. The Court explained: Read More
January 24, 2022 Claim Dismissed Against Husband Even Though He Benefited From Allegedly Misappropriated Funds
On December 2, 2021, in Lanaras v Premium Ocean, LLC, 2021 NY Slip Op 51128(U), Justice Reed dismissed claims of fraudulent conveyance under NY DCL § 273, unjust enrichment and constructive trust against the husband of a businesswoman who allegedly misappropriated money received to start a business venture. The complaint identified the husband as a beneficiary of the allegedly fraudulent conveyances by virtue of his and his wife’s joint property holdings and joint bank accounts. Dismissing the complaint against the husband, the Court explained: Read More
January 19, 2022 Fraud Claim Barred Where Contract Expressly Disclaimed Reliance on Alleged Misrepresentation
On November 4, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Arco Acquisitions, LLC v Tiffany Plaza LLC, 2021 NY Slip Op 51039(U), holding that a fraud claim is barred where a contract made between sophisticated parties expressly disclaimed reliance on the alleged false representation. Read More
January 14, 2022 First Department Affirms Granting of Motion to Dismiss
In a Decision dated December 7, 2021 Fenway Polar Representative, LLC v. Americold Realty Trust, 2021 N.Y. Slip. Op. 06797, the First Department affirmed an Order of Justice Jennifer Schecter dismissing a complaint concerning alleged interference with the sale of a privately held company. Read More
January 12, 2022 Court Further Explains Denial of Motion to Approve Settlement in Derivative Lawsuit
On December 31, 2021, in Matter of Renren Inc. Derivative Litig. v. XXX, Index No. 653594/2018, 2021 NY Slip Op 51281[U], Justice Andrew S. Borrok issued an additional supplemental order explaining the Court’s denial of a motion to approve a settlement in a derivative lawsuit and granting leave to defendants to move to dismiss certain plaintiffs. Read More
January 7, 2022 Court Denies Motion To Confirm Service Of Process On Brazilian Limited Liability Corporation Pursuant to BCL § 307 or CPLR § 311
On December 9, 2021, in Air Astana Jsc v. Embraer, S.A., 2021 NY Slip Op 32650(U), Justice Ostrager denied Plaintiff’s motion to deem service completed under BCL § 307 or CPLR § 311(b). Read More
January 5, 2022 Court Grants Motion For Attachment
In a Decision and Order dated November 23, 2021 in 180 Life Sciences Corp. v. Tyche Capital, LLC, Justice Borrok granted Plaintiff’s motion for an attachment pursuant to CPLR § 6201 based on a money judgment demanded against a foreign company not registered to do business in New York. Read More
January 3, 2022 First Department Affirms Dismissal Of Guarantors Pursuant to Administrative Code of the City of New York § 22-1005
On November 30, 2021, in 3rd and 60th Associates Sub LLC v. Third Avenue M&I, LLC, 2021 NY Slip Op 06647, the First Department affirmed a Decision and Order of Justice Andrew S. Borrok, which granted defendants’ motion to dismiss the amended complaint as against the individual defendants-guarantors of a lease for a restaurant. Read More
December 29, 2021 Second Department Distinguishes Treatment of Claims and Damages against Insurance Company in Breach of Duty to Defend Case
On November 17, 2021, in East Ramapo Cent. Sch. Dist. v New York Schs. Ins. Reciprocal, 2021 NY Slip Op 0634, the Second Department reversed the decision of Justice Stephen A. Bucaria that dismissed a claim arising from an insurer’s bad-faith denial of coverage and reduced by 65% damages relating to a breach of the duty to defend. The Court explained that in the context of insurance liability litigation, at the pretrial stage courts are reluctant to dismiss complaints alleging bad faith and damages for breach of the duty to defend, unlike in a fee shifting case, are presumed reasonable: Read More
December 27, 2021 Derivative Action Against Icahn Defendants Survived Motion to Dismiss Despite Absence of Damages
On November 18, 2021, the First Department, in Miami Firefighters' Relief & Pension Fund v Icahn, 2021 NY Slip Op 06446, unanimously reversed the decision of Justice Barry R. Ostrager granting defendants’ motion to dismiss the causes of action for breach of fiduciary duty and breach of contract in a derivative action brought against Icahn and other defendants for using confidential information about Xerox’s planned acquisition of HP Inc. to buy HP shares. The lower court granted the motion based on the Icahn defendants’ affidavit which purported to show a loss resulting from the relevant stock trades. The First Department explained that a loss does not foreclose the possibility that the Icahn defendants used Xerox confidential information to their advantage: Read More
November 22, 2021 Summary Judgment on Breach of Contract Claim Not Appropriate Where Contract is Ambiguous
On October 1, 2021, the Fourth Department issued a decision in Dunn Auto Parts, Inc. v Wells, 2021 NY Slip Op 05185 holding that where a contract’s terms are ambiguous, it is not proper for the court to grant summary judgment because only a finder of fact can determine the intent of the parties. Read More
November 8, 2021 First Department Affirms Entitlement to Summary Judgment Against Guarantor of Commercial Lease On Liability But Determines Issues of Fact Remain As To Damages
On September 28, 2021, the First Department issued a decision in ALQ, LLC v. Peter Kane., 2021 NY Slip Op 05071, First Department Case No. 2020-02337, affirming an order of Justice Andrew Borrok granting summary judgment to plaintiff against defendant guarantor as to liability on a commercial lease, but modified the order to deny the motion as to the amount of damages. The Court explained: Read More
November 5, 2021 New Commercial Division Rule to Permit Virtual Evidentiary Hearings and Bench Trials
On October 19, 2021, Chief Administrative Judge Lawrence K. Marks promulgated new Rule 36 of the Commercial Division Rules, which expressly permits evidentiary hearings and bench trials to be held virtually. The new rule, which becomes effective December 13, 2021, now expressly permits what most Commercial Division justices were already doing--holding hearings and bench trials virtually. The rule also permits the court to allow a witness or party to participate in an evidentiary hearing or bench trial virtually, even if the hearing or trial is otherwise being held in person. The rule is limited to instances in which all parties consent, and expressly does not address (one way or another) the issue of when all parties do not consent. The new rule is as follows: Read More
October 20, 2021 Prior Decision in Minnesota Court Against Borrower Precluded Guarantor From Raising Issue in New York
On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski… Read More
October 18, 2021 Failure to Challenge All Grounds of Summary Judgment Motion Made Appeal Academic
On September 29, 2021, the Second Department issued a decision in Dorce v Family Dollar Stores of N.… Read More
October 15, 2021 Minority Shareholders Could Not Claim Fraudulent Inducement Due To Letter Release
On October 5, 2021, the First Department issued a decision in Silver Point Capital Fund, L.P. v. Riv… Read More
October 8, 2021 Settlement Agreement Providing that Trustees to Distribute Shares as if "Subsequent Recovery" Ignored as "Gap Filler"
On August 19, 2021, in Matter of Wells Fargo Bank v Aegon USA Inv. Mgt., LLC, 2021 NY Slip Op 04740,… Read More
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
August 16, 2021 Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began
On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip … Read More
August 12, 2021 Financial Difficulties Due to COVID-19 Pandemic No Excuse for Failure to Pay Pursuant to Settlement Agreement
On June 9, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Ma… Read More
August 11, 2021 Attorney's Response to Email Agreeing to Settle Case Sufficient to Form a Valid Enforceable Settlement Agreement
On July 16, 2021, the Fourth Department issued a decision in Field v. Pet Haven, Inc., (2021 NY Slip… Read More
August 10, 2021 One Party Cannot Unilaterally Waive Jointly-Held Attorney-Client Privilege Without the Consent of Other Parties
On July 22, 2021, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone Hold… Read More
August 9, 2021 Contract Clause Capping Damages Absent Willful Conduct Must Be Enforced Where Breaching Party's Conduct was Merely Intentional Nonperfomance
On July 15, 2021, the First Department issued a decision in MUFG Union Bank, N.A. v. Axos Bank, et a… Read More
July 16, 2021 Attorney's Standard E-mail Signature Block Sufficient to Create Binding Agreement
On July 08, 2021, the First Department issued a decision in Matter of Philadelphia Ins. Indem. Co. v… Read More
July 10, 2021 Action Must be Dismissed if Plaintiff Fails to Seek a Default Judgment Within One Year
On July 7, 2021, the Second Department issued a decision in US Bank N..A. v. Davis, 2021 NY Slip Op.… Read More
July 9, 2021 Tax Returns Are Not 3211(a)(1) Documentary Evidence
On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matte… Read More
July 8, 2021 Agreement to Set-Off Future Payments by Amount of Unpaid Debt Not Improper Agreement to Extend Statute of Limitation Prior to Accrual of Claim
On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P.,… Read More
July 4, 2021 Negligent Misrepresentation Claim Fails for Failure Adequately to Allege Special Relationship
On July 1, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Berks… Read More
July 3, 2021 Offering Circular Cannot be Used to Help Interpret an Unambiguous Indenture
On June 28, 2021, Justice Reed of the New York County Commercial Division issued a decision in In th… Read More
July 1, 2021 Breach of Fiduciary Duty Claim Dismissed for Lack of Damages
On June 24, 2021, the First Department issued a decision in Besen v. Farhadian, 2021 NY Slip Op. 040… Read More
June 28, 2021 Defamation Claim Dismissed Based on Absolute Litigation Privilege
On June 17, 2021, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price He… Read More
June 27, 2021 Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability
On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. Pricew… Read More
June 26, 2021 Award Vacated Because it was Issued After the Deadline Set by the Parties
On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matt… Read More
June 25, 2021 Forum Selection Clause Mandating Federal Forum is Unenforceable When There is No Federal Jurisdiction
On May 28, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Melr… Read More
June 23, 2021 Agents for a Partially-Disclosed Principal Bound by Agreement's Arbitration Provision
On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narra… Read More
June 22, 2021 Allegations the Release Was Procured by Fraud Fail When the Alleged Fraud is the Fraud That is the Subject of the Release
On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ch… Read More
June 21, 2021 Bill of Particulars Not a Discovery Device
On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., … Read More
June 20, 2021 When Forum Selection Clause Submitting Only to Federal Jurisdiction is Unenforceable, Parties May Bring Suit in Other Jurisdiction
On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serfa… Read More
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
May 30, 2021 The Parties' Course of Dealing Called Into Question the Effect of a Release
On May 19, 2021, the Second Department issued a decision in United Airconditioning Corp. v. Axis Pip… Read More
May 29, 2021 Yellowstone Injunction Undertaking Cannot Be Used to Pay Use and Occupancy
On May 25, 2021, the First Department issued a decision in Booston LLC v. 35 W. Realty Co., LLC, 202… Read More
May 27, 2021 Pandemic Does Not Excuse Commercial Tenant's Obligations Under Lease
On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo … Read More
May 26, 2021 Fraudulent Inducement Claim Survives Despite Defendant's Argument That Plaintiff Failed to Exercise Due Diligence
On May 25, 2021, the First Department issued a decision in VXI Lux Holdco, S.A.R.L. v. SIC Holdings,… Read More
May 24, 2021 Service of a Subpoena on One Member of a Partnership is Insufficient to Compel the Appearance of Another Partner
On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v… Read More
May 23, 2021 Fraud Claim Cannot be Based on Misrepresentations of an Intention to Perform a Contract
On May 13, 2021, the First Department issued a decision in 320 W. 115 Realty LLC v. All Bldg. Constr… Read More
May 22, 2021 Questions of Fact Preclude Dismissal of Section 12 Claim on the Ground that Defendants Were Not Statutory Sellers
On May 14, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Erie… Read More
May 21, 2021 Tolling of Statute of Limitations Against Fiduciary Based on Fiduciary's Concealment of Facts Cannot Be Based on Same Conduct That is the Basis for the Cause of Action
On May 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in F.W. … Read More
May 20, 2021 Deficiencies in Notice and Demand to Cure Bar Eviction
On April 2, 2021, Justice Walker of the Erie County Commercial Division issued a decision in Ronald … Read More
May 17, 2021 Tortious Interference with Prospective Business Relations Claim Fails for Lack of Factual Allegations of Bad Conduct
On March 1, 2021, Justice DeStefano of the Nassau County Commercial Division issued a decision in A.… Read More
May 14, 2021 Defendant Waived Objection to Service By Failing to Raise it in Pre-Answer Motion to Dismiss
On May 4, 2021, the First Department issued a decision in J.G. Jewelry Pte. Ltd. v. TJC Jewelry, Inc… Read More
May 13, 2021 Nonsignatory of Agreement Containing Arbitration Clause Can Compel Arbitration Because of its Close Relationship to Signatory
On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 202… Read More
May 11, 2021 When Parties Agree Only to a Narrow Agreement to AAA Arbitration, it is For the Court, Not to AAA, to Decide if a Claim is Arbitrable
On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Met… Read More
May 10, 2021 Questions of Fact Preclude Dismissal of Claims Against Indenture Trustee, Rejecting Argument That its Duties Were Merely Ministerial
On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmin… Read More
May 9, 2021 Common Law Indemnification Claim Fails When the Putative Indemnitee Settles its Claims
On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
May 8, 2021 Great Deference Afforded Arbitral Awards Leads Court to Refuse to Vacate Award
On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02… Read More
May 7, 2021 Lien Law Claim Not Defeated by Later Payment Out Of Non-Trust Assets
On April 30, 2021, the Fourth Department issued a decision in DiMarco Constructors, LLC v. Top Capit… Read More
May 6, 2021 General Objection to Obligation to Pay Bill Sufficient to Defeat Account Stated Claim
On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dra… Read More
May 5, 2021 Misrepresentations Causing Investor Not to Sell a Security (Holder Claims) Not Actionable Under New York Law
On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc.,… Read More
May 4, 2021 Fee Considered In Determining Whether Loan Was Usurious
On April 20, 2021, the First Department issued a decision in Salamone v. EIP Global Fund LLC, 2021 N… Read More
May 2, 2021 Breach of Contract Claim Dismissed for Failure to Allege Damages
On April 29, 2021, the First Department issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC… Read More
May 1, 2021 Continuing Wrong Doctrine Saves Claim From Dismissal on Statute of Limitations Grounds
On April 27, 2021, the First Department issued a decision in CWCapital Cobalt VR Ltd. v. CWCapital I… Read More
April 27, 2021 Party Asserting Unclean Hands Defense Must Have Been Injured by the Plaintiff's Misconduct
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
April 26, 2021 Fact Questions Preclude Dismissal of Claim Based on Oral Agreement to Purchase Real Estate on Statute of Frauds Grounds
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
April 25, 2021 Nonarbitrable Issues Can be Decided in an Arbitration When They Are Inextricably Intertwined With an Arbitrable Issue
On April 8, 2021, the First Department issued a decision in Protostorm, Inc. v. Foley & Lardner … Read More
April 24, 2021 Decisions on How to Liquidate Made by LLC's Managing Member Reviewed Under Deferential Business Judgment Rule
On April 6, 2021, the First Department issued a decision in Matter of FGLS Equity LLC, 2021 NY Slip … Read More
April 22, 2021 Court Soundly Rejects Attempt to Disqualify Arbitrators
On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Hun… Read More
April 21, 2021 Remedy for Prohibited Transfer is Voiding Transfer, Not Money Damages
On April 1, 2021, Justice Cohen of the New York County Commercial Division issued a decision in JDS … Read More
April 20, 2021 Duty to Notify Parties of Defective Loans in RMBS Trust Found to Be Separate Duty, Not Condition Precedent to Duty to Cure
On April 13, 2021, the First Department issued a decision in Matter of Part 60 RMBS Put - Back Litig… Read More
April 19, 2021 Good Faith and Fair Dealing Claim Rejected Because It Was Not Raised Until Summary Judgment
On April 13, 2021, the First Department issued a decision in Darabont v. AMC Network Entertainment L… Read More
April 18, 2021 Account Stated Defense Defeats Claim Based on Alleged Miscalculation of Payments
On April 13, 2021, the First Department issued a decision in Atsco Footwear Holdings, LLC v. KBG, LL… Read More
April 16, 2021 Continuous Representation Doctrine Saves Legal Malpractice Claim From Being Time-Barred
On April 1, 2021, the First Department issued a decision in Boesky v. Levine, 2021 NY Slip Op. 02059… Read More
April 15, 2021 Appeal Dismissed for Failure to Provide Proof of Service of the Record and Appeal Brief
On April 1, 2021, the First Department issued a decision in Kim v. Francis, 2021 NY Slip Op. 02072, … Read More
April 14, 2021 Incidental Beneficiaries Cannot Bring Third-Party Beneficiary Claims
On April 1, 2021, the First Department issued a decision in Levin v. Salvini, 2021 NY Slip Op. 02074… Read More
April 12, 2021 Waiver of Defenses in Guaranty Prevented Guarantor From Asserting Affirmative Defenses to Guaranty's Enforcement
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB… Read More
April 11, 2021 Predecessor Counsel in Contingency Action Denied Any Share of Contingency Fee
On March 31, 2021, the Second Department issued a decision in Robinson & Yablon, P.C. v. Sacco &… Read More
April 10, 2021 Expert Report and Damages Theory Excluded Because Defendant Was Not on Notice of Damages Theory
On March 30, 2021, the First Department issued a decision in Advanced Aerofoil Tech. AG v. MissionPo… Read More
April 9, 2021 Court Holds Non-Party in Contempt for Failing to Produce Documents in Response to Subpoena
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Imp… Read More
April 8, 2021 Court Rejects Overbroad Motion to Seal Records
On March 25, 2021, Justice Reed of the New York County Commercial Division issued a decision in Cort… Read More
April 7, 2021 Claim Related to Hacking of Client Data Dismissed for Lack of Damages
On March 30, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Kea… Read More
April 6, 2021 Release Did Not Bar Judiciary Law 487 Claim
On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City… Read More
April 5, 2021 To be Liable For a Fraudulent Transfer, the Defendant Must Have Been a Transferee or Otherwise Benefited From the Transfer
On March 25, 2021, the First Department issued a decision in Ninth Space LLC v. Goldman, 2021 NY Sli… Read More
April 4, 2021 Single Motion Rule Bars Reassertion of Arguments in Motion to Dismiss Amended Complaint that were Made and Lost in Earlier Motion to Dismiss
On March 23, 2021, the First Department issued a decision in Simon v. FrancInvest, S.A., 2021 NY Sli… Read More
April 3, 2021 Court Dismisses Affirmative Defense That Merely Seeks to Preserve the Right Later to Assert Additional Defenses
On March 19, 2021, Justice Masley of the New York County Commercial Division issued a decision in CF… Read More
April 2, 2021 Court Grants Summary Judgment In Lieu of Complaint Based on Settlement Agreement
On March 17, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Wi… Read More
April 1, 2021 Class Certification Denied Because Class Issues Did Not Predominate Over Individual Ones
On March 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Kale… Read More
March 31, 2021 Plaintiff May Not Terminate Contract Without Observing Contract's Termination Procedures
On February 28, 2021, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 30, 2021 Accountant May Rely On Information Provided By Client That Does Not Appear to Be Incorrect, Incomplete or Inconsistent
On March 25, 2021, the First Department issued a decision in Deane v. Brodman, 2021 NY Slip Op. 0184… Read More
March 29, 2021 Statute of Limitations for Breach of Fiduciary Duty Claim Based on Fraud is Six Years, Not Three
On March 25, 2021, the First Department issued a decision in Wimbledon Fin. Master Fund, Ltd. v. Hal… Read More
March 28, 2021 Dispute Over Amount Owed No Defense to Foreclosure Action
On March 12, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in VGM, … Read More
March 27, 2021 New York's Foreclosure Ban Did Not Bar Action for Foreclosure, Just Enforcement of the Judgment and Sale of Property
On March 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Nati… Read More
March 26, 2021 Evidentiary Hearing on Service Required When Defendant Overcomes Prima Facie Validity of Affidavit of Service
On March 19, 2021, the Fourth Department issued a decision in Garvey v. Global Asset Mgt. Solutions,… Read More
March 25, 2021 One Motion Rule Bars Parties' Second Motions for Summary Judgment
On March 19, 2021, the Fourth Department issued a decision in Magic Circle Films Intl., LLC v. Breon… Read More
March 24, 2021 Common Interest Privilege Does No Protect Materials Produced to the Federal Emergency Management Agency
On March 9, 2021, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
March 23, 2021 COVID Eviction Ban Does Not Bar Action for Money Judgment Against Corporate Tenant
On January 13, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Abl… Read More
March 22, 2021 Court Rejects Lack of Consideration Defense
On February 24, 2021, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
March 21, 2021 Litigant Waived Privilege By Failing Timely to Cure Inadvertent Production of Privileged Document
On March 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Alr… Read More
March 20, 2021 Plaintiff Not Granted Summary Judgment on Commercial Foreclosure Because of Lack of Admissible Evidence of Default
On February 26, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in BK… Read More
March 19, 2021 Covid Eviction Ban Did Not Require Dismissal of Commercial Foreclosure Actions
On March 4, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. B… Read More
March 18, 2021 Landlord Entitled Only to Reasonable Value of the Premises During Holdover Tenancy
On March 10, 2021, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc.… Read More
March 16, 2021 That LLC Was Not Formed When it Was Assigned Note Did Not Cause it to Lack Standing to Enforce Note
On March 10, 2021, the Second Department issued a decision in Torto Note Member, LLC v. Babad, 2021 … Read More
March 15, 2021 Party's Claims, Which Were Inconsistent With Claims it Successfully Advanced in Different Action, Barred by Judicial Estoppel
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v.… Read More
March 14, 2021 Court's Analysis of Debtor and Creditor Law Claims Illustrates Differences Between Various DCL Claims
On February 25, 2021, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 13, 2021 Court Erred in Issuing Injunction Where Party Seeking the Injunction Could be Made Whole by an Award of Money Damages
On March 4, 2021, the First Department issued a decision in Shelbourne BRF LLC v. SR 677 Bway LLC, 2… Read More
March 12, 2021 Acknowledgement of Debt Can Be Valid Even if it Contains Ambiguities
On March 4, 2021, the First Department issued a decision in Hawk Mtn. LLC v. RAM Capital Group LLC, … Read More
March 11, 2021 Referee Erred in Deciding a Contested Application Without Holding a Hearing
On February 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 52… Read More
March 10, 2021 Counsel Hired to Bring Claim For Benefit of a Corporation Cannot Be Sued for Malpractice by the Person Who Engaged Them; the Claim Belongs to the Corporation
On February 26, 2021, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 9, 2021 Travelling to New York for Preliminary Negotiations Insufficient Basis for Personal Jurisdiction
On February 25, 2021, the First Department issued a decision in USA Sevens LLC v. World Rugby Ltd., … Read More
March 7, 2021 Even Though Tenant Was in Default on Commercial Lease, It Did Not Lose Option to Renew, Which was Revived When the Tenant Cured the Default
On March 3, 2021, the Second Department issued a decision in Karr Graphics Corp. v. Spar Knitwear Co… Read More
March 6, 2021 Default Judgment Not Vacated Because Plaintiff Failed to Provide a Reasonable Excuse for Failing to Oppose Defendant's Motion
On March 3, 2021, the Second Department issued a decision in Ganach v. Milloul, 2021 NY Slip Op. 012… Read More
March 5, 2021 Foreclosure Action Properly Dismissed Because of the Failure of Plaintiff's Counsel to Appear at a Status Conference
On March 3, 2021, the Second Department issued a decision in Bank of Am., N.A. v. Sofer, 2021 NY Sli… Read More
March 3, 2021 Party That Contracted With Non-Existent Company Cannot Avoid Obligations Under the Contract to the Persons Who Signed it
On February 24, 2021, the Second Department issued a decision in Sutton v. Houllou, 2021 NY Slip Op.… Read More
March 2, 2021 Loss of Patent Protection Caused by Client's Failure to Give its Counsel Correct Facts Cannot Be Basis for Malpractice Claim
On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 1, 2021 Pandemic Not Basis for Refusal to Pay Rent Under Commercial Lease
On January 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 28, 2021 Exchange of E-Mails Insufficient to Create Contract, but Could Serve as Basis of Unjust Enrichment Claim
On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant… Read More
February 27, 2021 Second Department Upholds Sanction for Failure to Appear at Deposition
On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. … Read More
February 26, 2021 Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure
On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bri… Read More
February 25, 2021 Plaintiffs Cannot Avoid Application of Liquidated Damages Clause
On February 8, 2021, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 24, 2021 Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly,… Read More
February 23, 2021 Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 22, 2021 Plaintiff Fails to Make Strong Showing Needed to Avoid Enforcement of Forum Selection Clause
On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 21, 2021 Defamation Claim Dismissed Because Statements Complained of Were Statements of Opinion
On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners,… Read More
February 20, 2021 State AG Can Bring Breach of Contract Claim Against Investment Advisor Under Parens Patriae
On February 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 19, 2021 Dismissal for Failure Timely to Move for Default Judgment, Without More, Not Dismissal for Failure to Prosecute for CPLR 205 Purposes
On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo B… Read More
February 18, 2021 Even When Process Server Did Not Testify, Conclusory Denials of Receipt of Service Insufficient to Rebut Presumptive Validity of Affidavit of Service
On February 9, 2021, the First Department issued a decision in Eros Intl. PLC v. Mangrove Partners, … Read More
February 17, 2021 Overlapping Ownership and Common Office Space Alone Insufficient to Support Veil Piercing Claim
On February 11, 2021, the First Department issued a decision in Suverant LLC v. Brainchild, Inc., 20… Read More
February 16, 2021 Party Did Not Put Privileged Communications At Issue Where Claims Could be Litigated Without Relying on Privileged Communications
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd… Read More
February 15, 2021 Court Upholds Nail and Mail Service
On February 1, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 13, 2021 Broker's Dispute Not Covered by FINRA Arbitration Rules
On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. … Read More
February 12, 2021 Court Erred in Quashing Subpoena Given Broad Scope of Discovery
On February 5, 2021, the Fourth Department issued a decision in M&T Bank Corp. v. Moody's Invs. … Read More
February 11, 2021 Notice to Admit Cannot Request Admissions That Go to the Heart of the Parties' Dispute
On February 4, 2021, Justice Reed of the New York County Commercial Division issued a decision in 47… Read More
February 7, 2021 Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 6, 2021 Forum Selection Clause Mandating Federal Forum Cannot Serve as Basis for Jurisdiction in New York State Court
On January 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in P… Read More
February 5, 2021 Court Should Have Ordered Necessary Parties to be Added to Case Rather Than Dismissing it
On February 3, 2021, the Second Department issued a decision in Ji Juan Lin v. Bo Jin Zhu, 2021 NY S… Read More
February 4, 2021 Sections 11 and 12 Claim Accrual Not Based on When Damages from Drop in Stock Price Occurred
On February 2, 2021, the First Department issued a decision in Matter of Dentsply Sirona, Inc., 2021… Read More
February 1, 2021 Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine
On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00… Read More
January 30, 2021 Corporation May Avoid Prohibition on Corporation Appearing Pro Se by Assigning Claim
On January 14, 2021, Justice Sherwood of the New York County issued a decision in Anthony T. Rinaldi… Read More
January 29, 2021 Traverse Hearing Required When Defendant Defeats Prima Facie Validity of Affidavit of Service
On January 20, 2021, the Second Department issued a decision in US Bank N.A. v. Joseph, 2021 NY Slip… Read More
January 28, 2021 Fraud Claim Fails for Lack of Justifiable Reliance
On January 19, 2021, the First Department issued a decision in United Natural Foods, Inc. v. Goldman… Read More
January 27, 2021 Account Stated Claim Prevails Because of Defendant's Failure Timely to Object to Invoices
On January 19, 2021, the First Department issued a decision in Law Off. of Mark S. Helweil v. Karamb… Read More
January 26, 2021 Non-Consumer Can Bring GBL 349 Claim if Public at Large Has Been Harmed
On January 19, 2021, the First Department issued a decision in KS Trade LLC v. International Gemolog… Read More
January 25, 2021 Contract's Requirement That Party Accept "Reasonable" Purchase Offers Enforceable
On January 13, 2021, the Second Department issued a decision in LMEG Wireless, LLC v. Farro, 2021 NY… Read More
January 24, 2021 Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104… Read More
January 23, 2021 Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More
January 22, 2021 Court Denies Motion to Seal Documents Because of Failure to Prove Their Sensitivity
On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
January 21, 2021 Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in V… Read More
January 20, 2021 Former Client Can Bring Breach of Contract as Well as Malpractice Claims Against Counsel
On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Wi… Read More
January 19, 2021 Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit
On January 05, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY S… Read More
January 18, 2021 Verified Complaint Has Same Effect as an Affidavit
On December 24, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 17, 2021 Law of the Case Doctrine Applies to Actions Consolidated for Trial
On December 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 16, 2021 Res Judicata Bars Plaintiff From Relitigating Previously-Litigated Claims
On January 5, 2021, the First Department issued a decision in Bauhouse Group I, Inc. v. Kalikow, 202… Read More
January 15, 2021 Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud
On December 30, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
January 14, 2021 Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims
On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 202… Read More
January 13, 2021 Mutual Mistake Claim Fails
On December 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
January 12, 2021 Court Finds Defendant Bound by Indemnification Provision
On December 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 11, 2021 Shareholder of Dissolved LLC Has Standing to Bring Derivative Action
On December 9, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
January 10, 2021 Conflict Claims Insufficient for Derivative Claim to Survive
On December 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
January 9, 2021 Motion for Renewal Denied For Failure to Justify Late Submission of Evidence
On December 29, 2020, the First Department issued a decision in Wang v. LaFrieda, 2020 NY Slip Op. 0… Read More
January 8, 2021 Mere Denial of Receipt of Service Insufficient to Overcome Affidavit of Service
On December 23, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
January 7, 2021 First Department Upholds False Claims Act Claims Related to the Issuance of VRDOs
On December 29, 2020, the First Department issued a decision in State of New York ex rel. Edelweiss … Read More
January 5, 2021 Court Erred in Dismissing Action for Failure to Prosecute
On December 23, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. He… Read More
January 4, 2021 Lien Recorded Under Debtor's Correct Surname Valid Even Though First Name Was Incorrect
On December 23, 2020, The Appellate Division, Second Department issued a decision in Myrtle 684, LLC… Read More
January 3, 2021 Offering Services in New York Insufficient Basis for General Jurisdiction Over Out-of-State Company
On December 17, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 2, 2021 Court Recognizes Claim for Successor Liability
On December 14, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 1, 2021 Non-Signatories Not Bound by Agreement's Arbitration Provision
On December 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 31, 2020 Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery
On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 30, 2020 Gross Negligence Claims Cannot Overcome Sole Remedy Clause
On December 22, 2020, the Court of Appeals issued a decision in Matter of Part 60 Put-Back Litig., 2… Read More
December 29, 2020 Prevention Doctrine Bars Defendant's Reliance on its Own Failure to Perform
On December 22, 2020, the First Department issued a decision in Vector Media, LLC v. Golden Touch Tr… Read More
December 28, 2020 Breach of Fiduciary Duty Claim Must Be Dismissed Where Duplicative of Breach of Contract Claim
On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More
December 28, 2020 Parties Bound by Agreement to Beth Din Arbitration
On December 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 27, 2020 FINRA Rules Held to Create Obligation to Arbitrate
On December 9, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 26, 2020 Restrictions on Stock Transfer in Corporate By-Laws Did Not Bar Transfer By Will
On December 11, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 25, 2020 Fraud Claims Dismissed for Failure to Perform Due Diligence
On December 15, 2020, the First Department issued a decision in MBF Clearing Corp. v. JPMorgan Chase… Read More
December 24, 2020 Fraud Claim Time-Barred Because Plaintiff Was on Inquiry Notice More Than Two Years Before Suit Filed
On December 8, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 23, 2020 That Another Party Has Produced Documents Does Not Excuse a Party From Producing the Same Documents if it Has Them
On December 7, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Azr… Read More
December 22, 2020 Plaintiff Denied Default Judgment Because of Failure to Submit Evidence of Liability
On December 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
December 21, 2020 Primary Jurisdiction Doctrine Calls for Dismissal of Lawsuit While Administrative Action Pending
On December 9, 2020, the Second Department issued a decision in New York Ind. Contrs. Alliance, Inc.… Read More
December 20, 2020 Breach of Fiduciary Claim Dismissed as Duplicative of Contract Claim Because it Was Based on Breach of Duties Assigned by Contract
On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More
December 19, 2020 Plaintiff Prevailing Party, Entitling it to Fees, Even Though it Only Was Awarded Nominal Damages
On December 8, 2020, the First Department issued a decision in Quik Park W. 57 LLC v. Bridgewater Op… Read More
December 18, 2020 Breach of Contract Claim Barred by Contract Provision Making Third-Party Quality Assessment Binding
On December 1, 2020, the First Department issued a decision in Curacao Oil N.V. v. Trafigura Pte. Lt… Read More
December 17, 2020 Court Rejects Effort to Avoid Pre-Judgment Interest
On December 2, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
December 16, 2020 Allegations That Directors Were Acquainted With Interested Party Insufficient Basis for Claim That They Were Not Disinterested
On December 03, 2020, the First Department issued a decision in Matter of Cadus Corp. Stockholders L… Read More
December 15, 2020 Notice Provisions Not Strictly-Enforced When Counterparty Receives Actual Notice and is Not Prejudiced
On October 14, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Go… Read More
December 14, 2020 Plaintiff Adequately Alleged Aid and Abetting Fraud Where Defendant Allegedly Devised Scheme That Was Used to Deceive Plaintiff
On December 1, 2020, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. KPMG… Read More
December 13, 2020 Written Acknowledgement of Debt Revives Statute of Limitations
On December 2, 2020, the Second Department issued a decision in Commodore Factors Corp. v. Deutsche … Read More
December 12, 2020 Judiciary Law Section 487 Claim Dismissed for Lack of Specific, Non-Conclusory Allegations
On December 2, 2020, the Second Department issued a decision in DeMartino v. Abrams, Fensterman, Fen… Read More
December 11, 2020 Whether Particular Words Are Defamatory Is for a Court to Determine in the First Instance
On December 3, 2020, the First Department issued a decision in Savitt v. Cantor, 2020 NY Slip Op. 07… Read More
December 10, 2020 Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 9, 2020 Plaintiff May Move for Summary Judgment in Lieu of Complaint on Guaranty Even if Interpretation of Guaranty Relies on Other Agreements
On November 20, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 8, 2020 Signed Acknowledgement of Debt Revives Time-Barred Claim
On November 25, 2020, the Second Department issued a decision in U.S. Bank, N.A. v. Mandracchia, 202… Read More
December 7, 2020 Complaint Struck as Discovery Sanction
On November 25, 2020, the Second Department issued a decision in Allstar Electronics, Inc. v. R. Sco… Read More
December 6, 2020 Corporate Officers Granted Indemnification Under BCL
On November 25, 2020, the Second Department issued a decision in Federico v. Brancato, 2020 NY Slip … Read More
December 5, 2020 Questions Regarding Application of Special Facts Doctrine Preclude Summary Judgment
On November 24, 2020, the First Department issued a decision in Sports Tech. Applications, Inc. v. M… Read More
December 4, 2020 Liquidated Damages Clause Found to be Unenforceable Penalty
On November 24, 2020, the Court of Appeals issued a decision in Trustees of Columbia Univ. in the Ci… Read More
December 3, 2020 Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More
December 2, 2020 Lost Profits Damages Not Available for New Business
On November 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 1, 2020 Integration Clause Bars Claim Based on Alleged Pre-Signing Promises
On November 17, 2020, the First Department issued a decision in Cambridge Invs. LLC v. Prophecy Asse… Read More
November 30, 2020 Admission to Existence and Essential Terms of Oral Agreement Defeats Statute of Frauds
On November 17, 2020, the First Department issued a decision in CAS Mkt'ing & Licensing Co. v. J… Read More
November 29, 2020 Forum Non Conveniens Dismissal Affirmed
On November 17, 2020, the First Department issued a decision in Diwan v. Grinberg, 2020 NY Slip Op. … Read More
November 28, 2020 Affidavit Attesting to the Contents of Business Records Without Attaching the Records Inadmissible Hearsay
On November 12, 2020, the Second Department issued a decision in Countrywide Home Loans Servicing, L… Read More
November 27, 2020 Settlement Agreement Involving the Sale of Real Property Unenforceable Under Statute of Frauds
On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip … Read More
November 26, 2020 Court Erred By Dismissing Action Sua Sponte for Failure to Prosecute
On November 12, 2020, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Brown, 20… Read More
November 25, 2020 Term Sheet Not Binding Because it was Contingent on Later, Formal Documentation
On November 12, 2020, the First Department issued a decision in McGowan v. Clarion Partners, LLC, 20… Read More
November 24, 2020 Mere Guarantor Bound by Agreement's Arbitration Clause
On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Broo… Read More
November 23, 2020 RMBS Trustee's Obligation to Hold the Trust's Contractual Rights and to Exercise Them For the Benefit of Certificateholders Includes Affirmative Duty to Enforce Those Rights
On November 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in W… Read More
November 22, 2020 Fraud Claim Based on Omissions Fails in Light of Disclosure that Not All Material Information Was Being Disclosed for Securities Law Reasons
On November 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 18, 2020 No Entitlement to Indemnification or Advancement In Suit Between Contracting Parties Unless Indemnification Provision Unequivocally Requires It
On November 05, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
November 17, 2020 E-Mail Between Counsel Cannot Form Binding Agreement if The E-Mail Does Not Have the Attorney's Typed E-Mail Signature
On October 23, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Dok… Read More
November 16, 2020 Tenant Not in Possession Cannot Rely on Equitable Rule Allowing for Late Renewal of Commercial Lease
On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
November 15, 2020 Bad Motive, Without More, Insufficient Basis for an Abuse of Process Claim
On November 4, 2020, Justice Hudson of the Suffolk County Commercial Division issued a decision in R… Read More
November 14, 2020 Domination of Corporation Without Abuse of Corporate Form Insufficient Basis for Veil Piercing Claim
On October 30, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 13, 2020 Contract Term Unreasonably Limiting Statute of Limitations Unenforceable
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in S… Read More
November 12, 2020 Incidental Equitable Claim Did Not Waive Right to Jury Trial
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 11, 2020 Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations
On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 10, 2020 Conclusory Allegations Doom Fraud Claim
On October 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 9, 2020 Tax Estoppel Defeats Claim
On October 29, 2020, the First Department issued a decision in Shyer v. Shyer, 2020 NY Slip Op. 0621… Read More
November 8, 2020 Conversion Claim Seeking Damages Arising From Contractual Breach Dismissed
On October 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 7, 2020 Dissolved Corporation Can Still Bring Lawsuit
On October 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 6, 2020 Parties' Course of Dealing Used to Interpret Ambiguous Contract Term
On October 22, 2020, the First Department issued a decision in China Privatization Fund (Del.), L.P.… Read More
November 5, 2020 Where Parties Have a Contract, Unjust Enrichment Claim Must be Dismissed
On October 22, 2020, the First Department issued a decision in ECD NY Inc. v. 616 First Ave. Dev. LL… Read More
November 4, 2020 Litigation Privilege Does Not Extend to Communications to Non-Party That Are Unrelated to the Litigation
On October 27, 2020, the First Department issued a decision in 3P-733, LLC v. Davis, 2020 NY Slip Op… Read More
November 3, 2020 Court Enforces Disclaimer of Fiduciary Duty
On October 20, 2020, the First Department issued a decision in La Scoula D'Italia Guglielmo Marconi … Read More
November 2, 2020 New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling
On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 202… Read More
November 1, 2020 "Notwithstanding" Clause in Indenture Controls Over Other Contract Terms
On October 22, 2020, the Court of Appeals issued a decision in CNH Diversified Opportunities Master … Read More
October 31, 2020 CPLR 3215(c) Requires Only That Plaintiff Move for Default Within One Year, Not That a Default Judgment Be Entered Within One Year
On October 14, 2020, the Second Department issued a decision in Onewest Bank, FSB v. Kanapathipillai… Read More
October 30, 2020 Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender
On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh &… Read More
October 29, 2020 Contract Based on Exchange of E-Mails Valid Where Material Terms Included in the E-Mails
On October 15, 2020, the First Department issued a decision in Lembo v. Rosania, 2020 NY Slip Op. 05… Read More
October 29, 2020 Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings
The Office of Court Administration has asked for public comment on a proposed new Commercial Divisio… Read More
October 28, 2020 Contract Void for Lack of Consideration
On October 13, 2020, the First Department issued a decision in Weisenfeld v. Iskander, 2020 NY Slip … Read More
October 27, 2020 Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 26, 2020 Court Issues Injunction, Enforcing Contract Term Providing that There Would be No Remedy At Law in the Event of Breach
On October 13, 2020, the First Department issued a decision in Vector Media, LLC v. Go New York Tour… Read More
October 25, 2020 Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction
On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 24, 2020 Tortious Interference Claim Fails Without Allegations of Wrongful Means
On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 23, 2020 CLE on New Commercial Division Hyperlinking Rules and Other Recent Rule Changes
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the pr… Read More
October 22, 2020 Letter of Credit Not 3213 instrument for the Payment of Money Only
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 21, 2020 Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
October 21, 2020 COVID-19 Pandemic No Excuse for Failing to Respond to Motion
On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 20, 2020 Court Should Not Have Vacated Default Judgment When Loan Servicer's Excuse Was "Confusion Regarding the Multiple Cases Filed in Multiple Counties"
On October 14, 2020, the Second Department issued a decision in Insiders Success Ventures, LLC v. On… Read More
October 19, 2020 Company's Counterclaims Against Minority Members and Former Executives Dismissed
On October 13, 2020, Justice Vito M. DeStefano of the Commercial Division of the Supreme Court of th… Read More
October 17, 2020 Court Rejects Allegation That Venue was Proper When Alleged Fraud Took Place Elsewhere
On October 9, 2020, the Fourth Department issued a decision in Harvard Steel Sales, LLC v. Bain, 202… Read More
October 17, 2020 Statute of Frauds Does Not Bar Quantum Meruit Claims
On October 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in K… Read More
October 16, 2020 Partial Payments Renewed Statute of Limitations
On October 7, 2020, the Second Department issued a decision in HSBC Bank USA, N.A. v. Macaulay, 2020… Read More
October 14, 2020 Court Cannot Vacate, Modify or Discharge Lien Law § 19 Lien Where There is no Defect on the Face of the Lien
On October 1, 2020, the First Department issued a decision in Pizzarotti, LLC v. FPG Maiden Lane LLC… Read More
October 13, 2020 Court Enforces Contract Provision Granting Prevailing Party Double its Attorneys' Fees
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
October 12, 2020 Upcoming Arguments in the Court of Appeals in October 2020
Upcoming arguments in the Court of Appeals in October 2020 that may be of interest to commercial lit… Read More
October 11, 2020 Party May Not Move to Amend a Pleading That Already Has Been Dismissed
On October 2, 2020, the Fourth Department issued a decision in Christiana Trust v. Rice, 2020 NY Sli… Read More
October 10, 2020 When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable
On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 9, 2020 Court Analyzes Question of Whether Producing Party May Redact Irrelevant Information
On September 25, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 8, 2020 Fiduciary Duty Claims Based on Joint Venture Fail Without Provision Providing for Sharing Losses as Well as Profits
On October 1, 2020, the First Department issued a decision in Shionogi Inc. v. Andrx Labs, LLC, 2020… Read More
October 7, 2020 Whether Employer is Responsible for Employee's Defamatory Statements is a Question of Fact
On October 2, 2020, the Fourth Department issued a decision in Elizabeth Votsis & Crave L&D, LLC v. … Read More
October 6, 2020 Commercial Division Rules Amended to Add Highly Confidential - Attorneys' Eyes Only Designation to Model Protective Order
On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protecti… Read More
October 5, 2020 Contract Made With A Municipality That Does Not Comply With Law is Unenforceable, Even Under a Quantum Meruit Theory
On September 22, 2020, Justice Walsh of the Westchester County Commercial Division issued a decision… Read More
September 30, 2020 Hyperlinking Now Mandatory in the Commercial Division
On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking t… Read More
September 29, 2020 Action Dismissed for Failure to File Note of Issue
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC… Read More
September 28, 2020 Court Bars Party From Changing its Arguments Based on Doctrine of Judicial Estoppel
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
September 27, 2020 Court Dismisses Petition to Dissolve LLC Because LLC Was Able to Conduct Business
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 26, 2020 Answer Struck Because of Defendant's Failure Appear at Court Conferences or Respond to Discovery Demands
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 25, 2020 Demand for a Bill of Particulars Vacated Because it Was Being Used as a Discovery Device
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 24, 2020 Law Firm Disqualified Because of Acquired Law Firm's Prior Representation of Opposing Party
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 23, 2020 Mariah Carey Entitled to Sanctions and Adverse Inference After Defendant Destroyed Relevant Evidence
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision a… Read More
September 23, 2020 Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded
On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 22, 2020 Undisclosed Principal May Sue on a Contract Made in its Agent's Name
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 21, 2020 Motion to Dismiss Under CPLR 3211 Not Proper Vehicle for Challenging Adequacy of Class Allegations
On September 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 20, 2020 Relator Not Entitled to Share of Settlement Negotiated by Government When Relator's Qui Tam Claims Were Dismissed
On September 14, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
September 19, 2020 Breach of Contract Claim Dismissed for Failure to Allege Damages
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 18, 2020 Transcripts and Videos of Arguments in the Court of Appeals for September 2020 Now Available
On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in… Read More
September 17, 2020 Party's Failure to Respond to Motion to Admit Excused When Questions Went to Disputed Issues
On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More
September 16, 2020 Consent to Jurisdiction In New York State Does Not Mean Consent to Venue in Any County in the State
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 15, 2020 Court Gives Defendant Opportunity to Cure Default
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 11, 2020 Breach of Contract and Fraud Claims Cannot Co-Exist if They Are Based on the Same Underlying Facts
On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud cla… Read More
September 10, 2020 Motion to Amend Granted; Delay and Additional Potential Liability Not Sufficient Grounds for Denial
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 9, 2020 Court Analyzes Application of Equitable Estoppel to Statute of Limitations
On August 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Fi… Read More
September 8, 2020 A Party's Death Stays an Action Until a Replacement Substitutes In
On August 14, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Atil… Read More
September 7, 2020 Fraud Claim Dismissed as Duplicative of Contract Claim
On August 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 5… Read More
September 6, 2020 A Claim for an Accounting May be Made Whenever a Fiduciary Relationship Exists
On August 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More
September 1, 2020 Answer to Amended Complaint May Contain Affirmative Defenses That Could Have Been, But Were Not, Raised in Initial Answer
On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04… Read More
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
August 5, 2020 Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Uni… Read More
August 4, 2020 Claim Timely Under Borrowing Statute
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
August 3, 2020 Injunction Denied Because Alleged Harm Could be Remedied by an Award of Money Damages
On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Som… Read More
August 2, 2020 Plaintiff Was Not Entitled to RPL § 291's Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY … Read More
August 1, 2020 Court Allows Reverse Veil-Piercing Claims to Go Forward
On July 16, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 31, 2020 Accounting Claim Dismissed for Failure Adequately to Allege a Fiduciary Relationship
On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kar… Read More
July 30, 2020 Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant's Claim That He Did Not Live There
On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
July 29, 2020 Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis
To employers, having key employees sign non-competition agreements can be crucial to their business … Read More
July 29, 2020 Court Upholds Arbitrator's Sanctions Award
On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 28, 2020 Tortious Interference Claim Fails for Lack of Allegations of Malice or Illegal Means
On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan… Read More
July 27, 2020 Allegations Insufficient to Show Existence of a Joint Venture
On July 22, 2020, the Second Department issued a decision in MacKay v. Paesano, 2020 NY Slip Op. 041… Read More
July 26, 2020 Fee Charged to Forebear From Suing on Note Interest for Purposes of Usury Law
On July 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in S… Read More
July 23, 2020 Indenture Did Not Permit Trustee to Sue to Protect Investor's Rights Until There was an Event of Default
On July 16, 2020, Justice Schecter of the New York County Commercial Division issued a decision in U… Read More
July 22, 2020 Continuous Representation Doctrine Saves Legal Malpractice Action from Being Time-Barred
On July 15, 2020, the Second Department issued a decision in Keshner v. Hein Waters & Klein, 202… Read More
July 21, 2020 Court Grants Petition Staying Arbitration Because Claimant Failed to Use Pre-Arbitration Dispute Resolution Process
On July 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loca… Read More
July 20, 2020 Court Upholds Fraud Claim Based on Damages Resulting From Selling at a Fraudulently-Induced Deflated Price
On June 29, 2020, Justice Masley of the New York County Commercial Division issued a decision in Com… Read More
July 19, 2020 Court Vacates Preliminary Injunction Undertaking Because of Defendants' Failure to Obey the Injunction
On July 3, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Za… Read More
July 18, 2020 Action Dismissed for Failure to File Note of Issue
On July 2, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in So… Read More
July 17, 2020 Court Considers Constructive Dividends in Calculating Parties' Entitlement to Share of Company's Assets
On July 9, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Chun Y… Read More
July 16, 2020 Defendants Subject to Personal Jurisdiction in New York Based on Actions of their Agent
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.G. … Read More
July 15, 2020 Court Applies Continuing Wrong Doctrine to Find Breach of Contract Claims Timely
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Tsui … Read More
July 14, 2020 Alleged Errors in Applying Law Insufficient Basis for Challenging Arbitral Decision
On August 22, 2019, Justice Cohen of the New York County Commercial Division issued a decision in TC… Read More
July 12, 2020 Statements Made Counsel in an Internal Investigation Upon Which a Party Later Relied Are Party Admissions
On July 9, 2020, the First Department issued a decision in Angiolillo v. Christie's, Inc., 2020 NY S… Read More
July 11, 2020 Court Analyzes Rules Relating to Timely Moving to Confirm an Arbitral Award
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stai… Read More
July 10, 2020 Account Stated Claim Fails Because of Plaintiff's Irregular Billing Practices
On July 1, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in F… Read More
July 9, 2020 Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF In… Read More
July 8, 2020 Complaint Dismissed for Failure to Seek Default Judgment Within One Year
On July 1, 2020, the Second Department issued a decision in 16501 Jamaica Ave., LLC v. Hara, 2020 NY… Read More
July 7, 2020 Tortious Interference with Prospective Business Relations Claim Fails for Lack of Evidence of Wrongful Means or Malice
On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY… Read More
July 7, 2020 Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regardin… Read More
July 6, 2020 Delay in Moving to Amend No Basis for Denying Motion if There is no Prejudice
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dua… Read More
July 5, 2020 Fraud Claim Cannot be Based on Lost Profits
On June 25, 2020, the First Department issued a decision in Arena Riparian LLC v. CSDS Aircraft Sale… Read More
July 4, 2020 Accountants Did Not Have Fiduciary Duty to Client
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dea… Read More
July 3, 2020 Specific Representations and Warranties Control Over General "As Is" Clause
On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in V… Read More
July 2, 2020 Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service
On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Pate… Read More
July 1, 2020 Funding Litigation Does Not Violate Champerty Statute
On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT)… Read More
June 30, 2020 Prima Facie Tort Claim Fails Because Defendants Were Motivated By More Than Disinterested Malevolence
On June 4, 2020, Justice Borrok of the New York County Commercial Division issued a decision in LSG … Read More
June 29, 2020 Derivative Action Dismissed for Failure to Give Board Adequate Time to Respond to Demand
On April 4, 2020, Justice Masley of the New York County Commercial Division issued a decision in D. … Read More
June 28, 2020 Court of Appeals Accepts Certified Questions Relating to Usury
On June 23, 2020, the Court of Appeals accepted two pairs of certified questions--one from the Unite… Read More
June 27, 2020 Derivative Claims Based on Misconduct of Corporate Officers Barred by In Pari Delicto Doctrine
On June 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Rutig… Read More
June 26, 2020 That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective
On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fi… Read More
June 25, 2020 Tax Returns Not Discoverable Without Strong Showing That Information is Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Safir… Read More
June 24, 2020 Securities Act Section 11 and 12 Claims Not Subject to Heightened CPLR 3016 Pleading Standards
On June 2, 2020, Justice Borrok of the New York Commercial Division issued a decision in Matter of N… Read More
June 23, 2020 Economic Duress Not a Defense for At-Will Employees Who Sign Contracts Under Threat of Termination
A recent Commercial Division ruling analyzed whether an at-will employee can raise the affirmative d… Read More
June 23, 2020 Trust Entitled to Fees in RMBS Put-Back Action Based on Representation and Warranty Breaches
On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Pa… Read More
June 22, 2020 Nonsignatories Bound by Arbitration Provisions in Contract They Relied Upon in Asserting Claims
On May 29, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in 20… Read More
June 21, 2020 Maintaining and Using Disputed Property Insufficient, Without More, to Support Claim for Adverse Possession
On June 3, 2020, the Second Department issued a decision in Finger v. 162 Grand St. Realty, LLC, 202… Read More
June 20, 2020 Tortious Interference Claim Accrues When Plaintiff First Damaged
On June 4, 2020, the First Department issued a decision in Linkable Networks, Inc. v Mastercard Inc.… Read More
June 19, 2020 Failure to Make Timely and Particular Objections Waives Objections Not Based on Privilege or Palpable Impropriety
On June 18, 2020, the First Department issued a decision in Khatskevich v. Victor, 2020 N.Y. App. Di… Read More
June 18, 2020 Plaintiff States Claim for Breach of Obligation to Negotiate in Good Faith
On April 21, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Son… Read More
June 17, 2020 Defendants Who Are Not Statutory Sellers Not Liable for Section 12 Claims Even Though They Were Primary Beneficiaries of Stock Sale
On April 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
June 16, 2020 Defendants Who Were Parties to a Contract Not Liable for Tortious Interference With it
On May 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shyer… Read More
June 15, 2020 Allegations of Fraud Unrelated to Forum Selection Clause Do Not Bar Enforcement of Clause
On April 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Aby… Read More
June 14, 2020 Zoning Consulting is not a Profession for Purposes of a Professional Malpractice Claim
On May 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in 14 L… Read More
June 13, 2020 If Court Had No Jurisdiction to Enter Judgment, Payment of the Judgment Did Not Extinguish It and so it Could be Vacated
On May 27, 2020, the Second Department issued a decision in Yellowbook, Inc. v. Hedge, 2020 NY Slip … Read More
June 12, 2020 Court Holds that CPLR 3220 Award Only Available When Matter Has Gone to Trial
On April 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loe… Read More
June 11, 2020 Continuing Wrong Doctrine Does not Save Contract Claims Based on Failure to Recognize Ownership Share
On May 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Kaufm… Read More
June 10, 2020 Buying Distressed Debt to Collect on it Not Champerty
On April 23, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
June 9, 2020 Court Refuses to Dissolve LLC; High Burden for Dissolution Not Met
On May 1, 2020, Justice Schecter of the New York County Commercial Division issued a decision in War… Read More
June 8, 2020 Fraudulent Inducement Claim Survives as Not Duplicative of Breach of Contract Claim
On May 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in SRS Ca… Read More
June 7, 2020 Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, … Read More
June 7, 2020 Counsel Disqualified Based on Client's Conflict
On April 21, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
June 6, 2020 Landlord Not Entitled to Accounting from Tenant
On April 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 11… Read More
June 5, 2020 GBL 349 Claim Fails for Lack of Consumer Impact
On May 8, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Time W… Read More
June 4, 2020 Puffery Not Actionable Under Securities Laws
On May 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
June 3, 2020 Statute of Frauds Bars Claims Based on Alleged Oral 99-Year Lease
On May 13, 2020, the Second Department issued a decision in Roman Catholic Church of the Epiphany v.… Read More
June 2, 2020 Court Rejects Apex Doctrine Challenge to Executive's Deposition
On May 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.T. … Read More
June 1, 2020 Non-Recruitment Provision Reasonable, and Thus Enforceable
On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in Fi… Read More
May 31, 2020 Failure to Make Demand Dooms Conversion Claim
On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
May 30, 2020 Spoliation Sanctions Not Justified When Party Preserved Documents When it Became Aware That Litigation Was Probable
On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley … Read More
May 29, 2020 Liquidated Damages Provision Eliminates Need for Plaintiff to Mitigate Damages
On April 24, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 28, 2020 Providing Legal Advice to Person Accused of Fraud Insufficient to Support Aiding and Abetting Claim
On April 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Spa… Read More
May 27, 2020 Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue
On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Ha… Read More
May 26, 2020 Continuing Wrong Doctrine Does Not Save Plaintiff's Claims From Being Time-Barred
On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Mar… Read More
May 25, 2020 Court Analyzes Negligence and Fraud Claims Against Appraiser
On May 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shavol… Read More
May 24, 2020 To State a Conspiracy to Breach Fiduciary Duty Claim, All Alleged Conspirators Must Owe Fiduciary Duties
On May 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Sands… Read More
May 23, 2020 Account Stated Claim Dismissed As Duplicative of Breach of Contract Claim
On May 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in St.… Read More
May 22, 2020 Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely
On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag &… Read More
May 21, 2020 Legal Malpractice Claim Dismissed for Failure to Allege Facts Showing That Defendants' Alleged Negligence Damaged Plaintiff
On April 29, 2020, the Second Department issued a decision in Kahlon v. DeSantis, 2020 NY Slip Op. 0… Read More
May 20, 2020 New Case Filings to be Permitted in New York State Courts Starting Monday
On May 20, 2020, Chief Administrative Judge Marks announced that starting on Monday, May 25, 2020, "… Read More
May 20, 2020 Questions of Fact Regarding Defendant's Negligence Precluded Summary Judgment on Legal Malpractice Claim
On April 29, 2020, the Second Department issued a decision in Blumencranz v. Botter, 2020 NY Slip Op… Read More
May 19, 2020 Fact Questions Precluded Summary Judgment for Defendant Based on No Damages for Delay Clause
On April 30, 2020, the Third Department issued a decision in Framan Mech., Inc. v. State Univ. Const… Read More
May 18, 2020 Fraud Plaintiff's Due Diligence Sufficient When it Considered the Facts Reasonably Available to It
On February 19, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
May 16, 2020 Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechn… Read More
May 15, 2020 Accounts Receivable are Tangible Assets
On May 1, 2020, the Fourth Department issued a decision in Violet Realty, Inc. v. Amigone, Sanchez &… Read More
May 14, 2020 Court Voids Lien Law Lien Because of Exaggerated Claim
On April 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in GP… Read More
May 13, 2020 Party Whose Liability Was Only Vicarious Entitled to Common Law Indemnification
On April 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sha… Read More
May 12, 2020 Breach of Fiduciary Duty Claims Timely Even Though Alleged Breach Merely Renewed Earlier, Time-Barred Breaches
On May 7, 2020, the First Department issued a decision in Ganzi v. Ganzi, 2020 NY Slip Op. 02740, ho… Read More
May 11, 2020 Client's Mistaken Opinion on Law No Defense to Malpractice Claim
On April 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Am… Read More
May 10, 2020 Landlord's Acceptance of Rent from Entity Other Than Lessee Did Not Waive Lease's Non-Assignment Provisions
On May 6, 2020, the Second Department issued a decision in VRA Family L.P. v. Salon Mgt. USA, LLC, 2… Read More
May 9, 2020 Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. … Read More
May 8, 2020 Governor Extends Statute of Limitations Tolling to June 6, 2020
On May 7, 2020, Governor Cuomo issued Executive Order 202.28, which, among other things, extended th… Read More
May 7, 2020 Transcripts and Videos of Arguments in the Court of Appeals for March 2020 Now Available
On March 16, 2020, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
May 6, 2020 Arbitral Panel Can Reconsider Partial Award
On April 30, 2020, the Court of Appeals issued a decision in American Intl. Specialty Lines Ins. Co.… Read More
May 5, 2020 Litigant Not Entitled to Indemnification by Contractual Counter-Party Because Contract Was Not Unmistakably Clear
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Hu… Read More
May 4, 2020 New York State Courts Continue Slowly to Reopen
On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and … Read More
May 3, 2020 Legal Malpractice Claim Dismissed Based on the Attorney-Judgment Rule
On April 23, 2020, the First Department issued a decision in Lloyd's Syndicate 2987 v. Furman Kornfe… Read More
May 2, 2020 Court Excuses Defendants' Failure to Raise Statute of Limitations Defense in Initial Motion to Dismiss
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in HH… Read More
May 1, 2020 Lack of Due Diligence Dooms Fraudulent Inducement Claim
On April 16, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
April 30, 2020 Legal Malpractice and Breach of Fiduciary Duty Claims Found Not Duplicative
On April 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ha… Read More
April 29, 2020 Non-Compete Clause Covering All of United States and Canada Unenforceable
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in St… Read More
April 28, 2020 Demand Futility Allegations Fail to Overcome High Bar Where Outside Directors are Insulated from Monetary Liability
On April 13, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 27, 2020 Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute
On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
April 26, 2020 Acts in New York are Insufficient Basis for Personal Jurisdiction When The Claim is not Based on Those Acts
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
April 25, 2020 Failure to Serve Judgment Debtor Dooms Creditor's Attempts to Collect
On April 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ka… Read More
April 24, 2020 Account Stated Theory Provides Basis For Defense Based on Payment of Stated Account
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
April 23, 2020 Breach of Contract Claim Fails if Injury is Not Alleged
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
April 22, 2020 Scheduling Remote Conferences with Commercial Division Justices
The Commercial and Federal Litigation Section of the New York State Bar Association has compiled inf… Read More
April 21, 2020 NYSBA CLE: How To Seal Documents in the Commercial Division
On Wednesday April 22, 2020, the Commercial and Federal Litigation Section of the New York State Bar… Read More
April 20, 2020 Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial
On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Dar… Read More
April 19, 2020 Court Did Not Abuse Discretion in Dismissing Years-Old Action Without Prejudice
On April 16, 2020, the Third Department issued a decision in Green Tree Servicing LLC v. Shiow Fei J… Read More
April 18, 2020 Party That Did Not Sign Agreement Containing Arbitration Provision Not Required to Arbitrate Dispute
On April 16, 2020, the First Department issued a decision in Matter of KPMG LLP v. Kirschner, 2020 N… Read More
April 17, 2020 Existence of Contract Bars Claim for Equitable Indemnification
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Al… Read More
April 16, 2020 Breach of Contract Claim Dismissed for Failure to Identify Contract Terms that Were Breached
On April 2, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in I… Read More
April 15, 2020 Attorney Can Be Liable for Participating in a Client's Tortious Misconduct
On March 31, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
April 14, 2020 Current Financial Crisis Likely Will Lead to Events of Default in RMBS Trusts
Unlike our usual posts, which analyze recent Commercial Division decisions, this post is written to … Read More
April 13, 2020 GBL 349 Claim Cannot be Based on Failure to Disclose Illegal Conduct
On April 2, 2020, the Court of Appeals issued a decision in Collazo v. Netherland Prop. Assets LLC, … Read More
April 12, 2020 Cost of Litigation Does Not Satisfy Damages Element of Tort Claim
On April 9, 2020, the First Department issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt … Read More
April 11, 2020 Court Rejects Due Diligence Defense to Fraud Claim
On April 9, 2020, the First Department issued a decision in Knox, LLC v. Lakian, 2020 NY Slip Op. 02… Read More
April 10, 2020 Lack of Nexus to New York Weighs Heavily in Decision Granting Forum Non Conveniens Dismissal
On April 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
April 9, 2020 Judiciary Law 487 Does Not Cover Non-Meritorious Legal Arguments
On March 31, 2020, the Court of Appeals issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C… Read More
April 7, 2020 Court Upholds Claim Seeking Constructive Trust
On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. … Read More
April 6, 2020 Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action
On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Ca… Read More
April 5, 2020 Court Erred by Weighing Conflicting Evidence in Deciding Motion for Directed Verdict
On March 25, 2020, the Second Department issued a decision in Boriello v. Loconte, 2020 NY Slip Op. … Read More
April 4, 2020 Decision in Derivative Action by Different Shareholder Has Res Judicata Effect on Later Suit by Different Shareholder
On March 18, 2020, the Second Department issued a decision in Noor v. Mahmood, 2020 NY Slip Op. 0192… Read More
April 3, 2020 Unilateral Mistake Claim Fails in the Absence of Allegations of Fraud or Other Wrongdoing
On March 19, 2020, the First Department issued a decision in Quattro Parent LLC v. Rakib, 2020 NY Sl… Read More
April 2, 2020 Court of Appeals Strikes Down Part of Rent Control Law on Due Process Grounds
On April 2, 2020, the Court of Appeals issued a decision in Matter of Regina Metro. Co., LLC v. New … Read More
April 2, 2020 New York Courts Clarify E-Filing Rules for Essential Matters
The New York State courts have issued guidance and a new form relating to the filing of papers in es… Read More
April 2, 2020 Court Grants Forum Non Conveniens Motion Based on Parties' Limited Connection to New York
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in BSR… Read More
April 1, 2020 Substantial Completion of Contractual Duties Can Bar Termination for Breach
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in McC… Read More
March 31, 2020 SDNY and EDNY Further Limit Operations in Face of Coronavirus Crisis
The focus of this blog is the Commercial Division of the New York state courts. Still, many of our … Read More
March 31, 2020 Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim
On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 30, 2020 Statute of Repose Bars Securities Act Claims
On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
March 29, 2020 Securities Act Claims Based on Negligence Do Not Have to be Plead in Detail Under CPLR 3106
On March 9, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mat… Read More
March 28, 2020 Defendant Could Not Terminate Contractor Without Providing Contractually-Required Notice and Opportunity to Cure
On March 3, 2020, Justice Schecter of the New York County Commercial Division issued a decision in F… Read More
March 27, 2020 Fraud Claim Regarding Company's Legal Status Fails for Lack of Due Diligence; Status Was Available to Public on Government Website
On March 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in N… Read More
March 26, 2020 Absolute Privilege Applies to Contractual Non-Disparagement Clauses
On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mal… Read More
March 25, 2020 That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver
On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 24, 2020 Borrowing Statute Requires Use Not Just of Foreign State's Statute of Limitations But Also its Tolling Rules
On March 4, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in E… Read More
March 23, 2020 Upcoming Arguments in the Court of Appeals in April 2020
UPDATE: On April 6, 2020, the Court of Appeals cancelled arguments for the May/June session. Upcomin… Read More
March 22, 2020 New York Courts Prohibit Filings in Non-Essential Matters
On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no lon… Read More
March 22, 2020 Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord
On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 21, 2020 New York Tolls Statue of Limitations for 30 Days
On March 20, 2020, New York Governor Andrew Cuomo issued an Executive Order tolling statutes of limi… Read More
March 21, 2020 Conflict Not Disqualifying When Prior Representation Unrelated to Current One
On March 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sho… Read More
March 20, 2020 Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304
On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit … Read More
March 19, 2020 New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak
On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the… Read More
March 19, 2020 State Courts in Manhattan Further Restrict Operations
Today, the New York state courts in New York County (Manhattan) announced further limitations to the… Read More
March 19, 2020 Justices Schecter and Masley Announce Procedures Relating to COVID-19
New York County Commercial Division Justices Schecter and Masley have announced new part rules relat… Read More
March 19, 2020 Forum Non Conveniens Dismissal Upheld on Appeal
On February 25, 2020, the First Department issued a decision in Al Rushaid Parker Drilling Ltd. v. B… Read More
March 18, 2020 We are Open For Business (Just not in the Office)
We hope that all are well in these chaotic times. We want everyone to know that while our offices ar… Read More
March 18, 2020 First and Second Departments Suspend Deadlines
The First and Second Departments have announced that they are suspending most deadlines. They have p… Read More
March 18, 2020 Defamation Claim Cannot Be Based on Expressions of Opinion
On February 25, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 17, 2020 Labor Law 193 Does Not Apply to Wholesale Withholding of Pay
On February 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 16, 2020 Upcoming Arguments in the Court of Appeals in March 2020
Upcoming argument in the Court of Appeals in March 2020 that may be of interest to commercial litiga… Read More
March 16, 2020 New York Courts Further Restrict Operations in Response to Coronavirus
Following up on his March 13 memo announcing some limitations on operations in the New York state co… Read More
March 15, 2020 Securities Act Sections 11 and 12 Claims in State Court Not Required to be Plead with Particularity
On February 26, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 14, 2020 Expiration of Statute of Limitations Supports Grant of Motion to Extend Time to Serve
On February 26, 2020, the Second Department issued a decision in BAC Home Loans Servicing, L.P. v. H… Read More
March 13, 2020 New York State Courts Cancel Jury Trials, Impose Other Limitations in Response to Coronavirus
As other courts have done, the New York state courts have implemented procedures limiting courthouse… Read More
March 13, 2020 Appointment of Separate Counsel Intervening Cause Defeating Malpractice Claim
On February 25, 2020, the First Department issued a decision in Binn v. Muchnick, Golieb & Golie… Read More
March 12, 2020 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Rule 31 o… Read More
March 11, 2020 No Cause of Action for Anticipatory Breach When Plaintiff Already is in Material Breach
On February 27, 2020, the First Department issued a decision in Rapson Invs. LLC v. 45 E. 22nd St. P… Read More
March 10, 2020 Fiduciary With Unfettered Discretion Cannot Exercise That Discretion in Bad Faith
On February 27, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
March 9, 2020 Individual Owner Can be Held Liable Under Veil Piercing Claim for the Torts of Owner's Company
On February 21, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
March 9, 2020 S.D.N.Y Limits Courthouse Access in Response to Coronavirus
The S.D.N.Y. has issued an order limiting access to its courthouses in response to coronavirus conce… Read More
March 8, 2020 Late-Filed Motion to Amend Denied
On February 25, 2020, the First Department issued a decision in Ness Tech. SARL v. Pactera Tech. Int… Read More
March 7, 2020 Account Holder Does Not Have Standing to Move to Quash a Subpoena for its Bank Records
On February 26, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
March 6, 2020 Third-Party's Presence Did Not Waive Attorney-Client Privilege
On March 3, 2020, the First Department issued a decision in Spicer v. GardaWorld Consulting (UK) Ltd… Read More
March 5, 2020 New York Court Had Jurisdiction to Decide Derivative Claims Despite Operating Agreement's Delaware Choice of Law Clause
On March 3, 2020, the First Department issued a decision in Favourite Ltd. v. Cico, 2020 NY Slip Op.… Read More
March 4, 2020 Claim for Contrauctive Fraudulent Conveyance Does not Require Allegations of Scienter
On February 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 3, 2020 Employees' E-mails With Counsel Sent on Employer's Computer System Not Privileged
On February 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 2, 2020 Court Declines to Vacate Judgment Based on the "Injustice" of Applying Federal Law in State Court
On February 6, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
March 1, 2020 Commercial Tenant Claiming Constructive Eviction Liable for Rent Because it Remained in Possession of the Leased Premises
On February 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 29, 2020 Merger Clause Defeats Fraudulent Inducement Claim
On February 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
February 28, 2020 Material Misrepresentation Justified Rescission of Agreement
On February 18, 2020, the First Department issued a decision in Sabby Healthcare Master Fund Ltd. v.… Read More
February 27, 2020 Firm Disqualified From Representation Because Some Members of Firm Would be Trial Witnesses
On February 11, 2020, the First Department issued a decision in Matter of Diet Drug Litig. v. Wyeth-… Read More
February 26, 2020 Dismissal Based on Excluded Evidence Insufficient Basis for Malicious Prosecution Claim
On February 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
February 25, 2020 Plaintiff Not Entitled to Summary Judgment on Guaranty When it Could Not Be Authenticated by a Disinterested Witness
On February 13, 2020, the First Department issued a decision in Galpern v. Air Chefs, L.L.C., 2020 N… Read More
February 24, 2020 Transcripts and Videos of Arguments in the Court of Appeals for February 2020 Now Available
On January 31, 2020, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
February 23, 2020 Court Denies 3211(a)(1) Motion to Dismiss Based on E-mails
On February 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
February 22, 2020 Plaintiff Sufficiently Alleges Jurisdiction Over Foreign Defendant That Did Not Travel to New York
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
February 21, 2020 Court Vacates Late-Filed Notice of Discontinuance
On January 24, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 20, 2020 Third-Party Assessment of Product's Quality Provided by Contract Binding Even Where Assessment Do Not Cover All Quality Requirements
On February 3, 2020, Justice Cohen of the New York County Commercial Division issued a decision in C… Read More
February 19, 2020 LLC's Managing Members Owed Fiduciary Duties to Non-Managing Member
On January 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
February 18, 2020 Veil Piercing Claim Against Parent Fails Because Plaintiff Was Aware of Subsidiary's Financial Condition
On January 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 17, 2020 Defendant Liable for Breach of Term Sheet's Obligation to Negotiate Lease in Good Faith
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
February 16, 2020 Deceased Partner's Estate Does Not Have Standing to Seek Limited Partnership's Dissolution
On February 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 15, 2020 Court Declines to Apply Tax Estoppel on Summary Judgment
On January 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in S… Read More
February 14, 2020 Abuse of Process Claim Cannot be Based on Initiation of a Lawsuit
On January 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 12, 2020 Court Reinstates Claim for Tortious Interference with an At-Will Employment Contract
On February 7, 2020, the Fourth Department issued a decision in Conklin v. Laxen, 2020 NY Slip Op. 0… Read More
February 11, 2020 Veil Piercing Claim Upheld Based on Allegations of Fraudulent Inducement
On January 31, 2020, the Fourth Department issued a decision in Clark Rigging & Rental Corp. v. … Read More
February 10, 2020 Court Dismisses Declaratory Judgment Claim as Duplicative of Contract Claim
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in C… Read More
February 9, 2020 Promissory Estoppel Claim Can Survive Despite Statute of Frauds
On September 30, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in Par… Read More
February 8, 2020 Claimant Did Not Waive Arbitration Provision By Bringing An Action But Dismissing it Less Than a Month Later
On January 21, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 7, 2020 Court Rejects Attack on New York Choice of Law Clause Based on California Public Policy
On January 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 6, 2020 Party Sanctioned for Falsifying Document
On January 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 4, 2020 Contract's Definition of Term Controls, Not the Common Understanding of the Term's Meaning
On January 28, 2020, the First Department issued a decision in Condor Capital Corp. v. CALS Invs., L… Read More
February 2, 2020 Successor Company Liable Under De Facto Merger Doctrine
On January 29, 2020, the Second Department issued a decision in Bonanni v. Horizons Invs. Corp., 202… Read More
February 1, 2020 Provision Limiting Liability for Breach of Contract Enforceable
On January 29, 2020, the Second Department issued a decision in Astoria Generating Co., LP v. Riley … Read More
January 31, 2020 Upcoming Arguments in the Court of Appeals in February 2020
Upcoming arguments in the Court of Appeals in February 2020 that may be of interest to commercial li… Read More
January 30, 2020 Statute of Frauds Does Not Apply to Oral Contract to Create a Joint Venture
On January 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in L… Read More
January 29, 2020 Not All Misconduct Can Support an In Pari Delicto Defense
On January 21, 2020, the First Department issued a decision in U-Trend N.Y. Inv. L.P. v. US Suite LL… Read More
January 28, 2020 Garnishee Liable for Transfer of Restrained Funds
On January 22, 2020, the Second Department issued a decision in Matter of Bravado Intl. Group Mercha… Read More
January 27, 2020 First Department Endorses Sampling in RMBS Put-Back Litigation
On January 16, 2020, the First Department issued a decision in Ambac Assur. Corp. v. Countrywide Hom… Read More
January 26, 2020 Bare Assertion of Law Office Failure Insufficient to Justify Vacating Default Judgment
On January 15, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Fis… Read More
January 25, 2020 Plaintiff Liable for Damages Resulting from Breach of Contractual Notice and Cure Provision
On January 13, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
January 24, 2020 Discovery Sanction Reversed as Excessive
On January 14, 2020, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2… Read More
January 23, 2020 Promissory Estoppel Claim Dismissed for Failure Adequately to Allege a Promise and Reliance
On January 14, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
January 22, 2020 Architect Not Liable to Third-Party Not Known to it When Architectural Plans Created
On January 6, 2020, Justice Masley of the New York County Commercial Division issued a decision in T… Read More
January 21, 2020 Court Vacates Default Because Lawyer, Not Client, Was to Blame for Failure to Appear at Court Conferences
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in E… Read More
January 19, 2020 Statement That Counterclaimants Were "Scammers," "Con Artists" and "Thieves" Basis for Defamation Claim
On January 8, 2020, the Second Department issued a decision in Levy v. Nissani, 2020 NY Slip Op. 001… Read More
January 18, 2020 Counterclaim Cannot Involve Time-Barred Claims as Set-off Unless It Arises From Same Transaction or Occurrence
On January 2, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
January 17, 2020 E-mails and Unsigned Documents Not Documentary Evidence Under CPLR 3211(a)(1)
On December 18, 2019, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Comme… Read More
January 16, 2020 Court Refuses to Vacate Default Judgment Despite Conclusory Assertions That Service Not Received When Defendant Admitted Being Aware of the Action
On January 2, 2020, the First Department issued a decision in Fisher v. Lewis Constr. NYC Inc., 2020… Read More
January 15, 2020 Plaintiffs' Obligation to Perform Not Excused by Defendant's Alleged Non-Material Breaches of Agreement
On December 24, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 14, 2020 Law Firm Disqualified Based on Prior Representation in a Related Matter
On December 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 13, 2020 Veil Piercing Claim Rejected; Alleged Domination and Control Unrelated to Basis of Claim
On December 18, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
January 12, 2020 Alleged Lack of Documentary Evidence Referring to an Oral Contract Insufficient Basis for Dismissing Claim Alleging Such a Contract
On December 19, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
January 11, 2020 Three Year Statute of Limitations for Professional Malpractice Cannot be Extended by Re-characterizing Claims as Contract Claims
On December 26, 2019, the Third Department issued a decision in WSA Group, PE-PC v. DKI Eng'g & … Read More
January 10, 2020 Fraud Claim Dismissed; Plaintiff's Reliance on Alleged Misrepresentations was Unreasonable Due to Plaintiff's Failure to Exercise Due Diligence
On December 26, 2019, the First Department issued a decision in Unique Goals Intl., Ltd. v. Finskiy,… Read More
January 9, 2020 Questions of Fact Regarding Defendant's Alleged Misconduct Precluded Dismissal Based on Construction Contract's No Damages for Delay Clause
On December 26, 2019, the First Department issued a decision in Tyrek Hgts. Erectors, Inc. v. WDF, I… Read More
January 8, 2020 That Court Signed OSC Does Not Mean that Motion Was Not Frivolous
On December 19, 2019, the First Department issued a decision in Matter of Citigroup Global Mkts., In… Read More
January 7, 2020 Judgment Creditor Did Not Create Lien on Debtor's Property Because Debtor's Name Was Misspelled
On December 18, 2019, the Second Department issued a decision in Matter of Fischer v. Chabbott, 2019… Read More
January 6, 2020 PRESUMPTIVE ADR IN NEW YORK COURTS
The information below is from the City Bar Association regarding a program on the Chief Judge's pres… Read More
January 6, 2020 Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach
On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 U… Read More
January 5, 2020 Foreign Judgment Takes Precedence over Settlement Agreement That the Judgment Enforced
On December 24, 2019, the Second Department issued a decision in Bernardo v. Ramos, 2019 NY Slip Op.… Read More
January 4, 2020 Defendant's Incarceration Not Reasonable Excuse for Default When Defendant Was Represented by Counsel
On December 19, 2019, the First Department issued a decision in Matter of Wimbledon Fin. Master Fund… Read More
January 3, 2020 Defendant that Engaged in Wrongdoing Not Entitled to Common Law Indemnification
On December 20, 2019, the Fourth Department issued a decision in Board of Educ. of Palmyra-Macedon C… Read More
January 2, 2020 Corporate Officer May be Held Liable for Corporation's Tort in Which the Officer Participated
On December 20, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust … Read More
January 1, 2020 Justice Colaiacovo Updates Part Rules
Justice Emilio Colaiacovo of the Eighth Judicial District Commercial Division recently updated his i… Read More
December 31, 2019 Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
On December 13, 2019, Justice Sherwood of the New York County Division issued a decision in Citigrou… Read More
December 30, 2019 Justice Karalunas Updates Part Rules
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individ… Read More
December 29, 2019 Documents Prepared for Uses Other Than Litigation Cannot be Withheld for Production Even if They Also Were Prepared in Anticipation of Litigation
On December 20, 2019, the Fourth Department issued a decision in John Mezzalingua Assoc., LLC v. Tra… Read More
December 28, 2019 Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
December 27, 2019 That Loan Was Made from the Proceeds of Illegal Gambling Does Not Make Loan Contract Unenforceable
On December 19, 2019, the Court of Appeals issued a decision in Centi v. McGillin, 2019 NY Slip Op. … Read More
December 26, 2019 Court Analyzes Successor Liability Under the De Facto Merger Doctrine
On December 13, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 25, 2019 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Commercia… Read More
December 24, 2019 Interlocutory Arbitral Awards Not Subject to Judicial Review
On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dwo… Read More
December 23, 2019 Trial Court Properly Declined to Decide Issue of Reasonable Reliance on Summary Judgment
On December 17, 2019, the First Department issued a decision in Norddeutsche Landesbank Girozentrale… Read More
December 22, 2019 New York Court Lacked Jurisdiction to Enjoin Sale of Real Estate in Another State
On December 17, 2019, the First Department issued a decision in Clark Tower, LLC v. Wells Fargo Bank… Read More
December 21, 2019 Claims Found to Have Been Timely Asserted in Initial Complaint That Never Was Served Because of Lack of Objection
On December 17, 2019, the Court of Appeals issued a decision in Vanyo v. Buffalo Police Benevolent A… Read More
December 20, 2019 First Department Upholds Forum Non Conveniens Dismissal
On December 12, 2019, the First Department issued a decision in JTS Trading Ltd. v. Asesores, 2019 N… Read More
December 18, 2019 No Cause of Action for Loss of Prospective Economic Advantage
On October 31, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Pat… Read More
December 17, 2019 Trespass Claim Dismissed; Alleged Trespass was Required by Law
On December 10, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 15, 2019 Parties Bound by Unsigned Contract
On December 3, 2019, the First Department issued a decision in Lerner v. Newmark & Co. Real Esta… Read More
December 14, 2019 New York Action Properly Stayed in Favor of Prior Pending Action in New Jersey
On December 5, 2019, the First Department issued a decision in Dietz v. Linde Gas N. Am., LLC, 2019 … Read More
December 13, 2019 Quantum Meruit Claim Barred by Contract Covering Same Subject Matter Even Though Defendant Was Not Signatory
On December 5, 2019, the First Department issued a decision in J.T. Magen & Co., Inc. v. Nissan … Read More
December 12, 2019 Discovery on Defendant's Motive for Breaching Contract Denied
On December 3, 2019, the First Department issued a decision in Bersin Props., LLC v. Nomura Credit &… Read More
December 11, 2019 Court Refuses to Stay Securities Class Action in Favor of Later-Filed Federal Class Action
On November 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
December 10, 2019 Privilege Determined by Law of Location of Trial or of Proceeding Seeking Discovery
On November 27, 2019, the Second Department issued a decision in Askari v. McDermott, Will & Eme… Read More
December 9, 2019 Striking Answer and Dismissal of Counterclaims as Discovery Sanction Upheld
On November 27, 2019, the Second Department issued a decision in Sparakis v. Gozzer Corp., 2019 NY S… Read More
December 8, 2019 Plaintiff Prevails at Traverse Despite Process Server's Absence
On November 21, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 7, 2019 Counsel Disqualified from Representing LLC and its Members
On November 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 6, 2019 Statue of Limitations for Action Brought by Trustee is Based on the Trustee's Residence
On November 25, 2019, Justice Fahey of the Court of Appeals issued a decision in Deutsche Bank Natl.… Read More
December 5, 2019 Directing RMBS Certificateholder Not "Effective" Plaintiff Causing Suit to Fail for Lack of Standing Under PSA's No Action Clause
On November 21, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 4, 2019 Court Refuses to Consolidate Cases in Significantly Different Procedural Postures
On November 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 3, 2019 Court Grants Preliminary Injunction Enforcing Restrictive Covenants Pending Trial
On November 26, 2019, the First Department issued a decision in UAH-Mayfair Mgt. Group LLC v. Clark,… Read More
December 2, 2019 Court Looks to Substance of Agreement, Not How it is Styled, in Upholding Usury Claim
On November 19, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in McNi… Read More
December 1, 2019 Summons with Notice Provided Sufficient Notice to Satisfy Statute of Limitations
On November 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 30, 2019 Trustee Cannot Rely on CPLR 205 Relation Back When Trust Beneficiary, Not Trustee, Initially Brought Suit
On November 19, 2019, the First Department issued a decision in US Bank N.A. v. UBS Real Estate Sec.… Read More
November 29, 2019 Alleged Poor Administration or Planning Insufficient to Bar Defendant's Reliance on No Damages for Delay Clause
On November 19, 2019, the First Department issued a decision in WDF Inc. v Turner Constr. Co., 2019 … Read More
November 28, 2019 Liability for Aiding and Abetting Requires Affirmative Acts, Not Acquiescence
On November 20, 2019, the Second Department issued a decision in Land v. Forgione, 2019 NY Slip Op. … Read More
November 27, 2019 Retaliation Claims Barred by Noerr-Pennington Doctrine
On November 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
November 26, 2019 Discharge in Bankruptcy did not Automatically Accelerate Mortgage Debt, Affecting Statute of Limitations
On November 15, 2019, the Fourth Department issued a decision in Wilmington Sav. Fund Socy., FSB v. … Read More
November 25, 2019 Whether Non-Signatory of Arbitration Provision Bound By it is Question for Court, Not Arbitrator
On November 14, 2019, the First Department issued a decision in Matter of 215-219 W. 28th St. Mazal … Read More
November 24, 2019 Counsel Sanctioned for Bringing Frivolous Action
On November 13, 2019, Justice Garguillo of the Suffolk County Commercial Division issued a decision … Read More
November 23, 2019 Derivative Claims Allowed to go Forward; Demand Futility was Properly Alleged
On November 13, 2019, the Second Department issued a decision in Guzman v. Kordonsky, 2019 NY Slip O… Read More
November 22, 2019 Court Should Have Granted Source Code Attorneys' Eyes Only Protection
On November 12, 2019, the First Department issued a decision in BEC Capital, LLC v. Bistrovic, 2019 … Read More
November 21, 2019 Open Repudiation Toll Doctrine Inapplicable to Claim for Money Damages for a Breach of Fiduciary Duty
On November 14, 2019, the First Department issued a decision in Matter of Yin Shin Leung Charitable … Read More
November 20, 2019 Contract Term Allowing Defendant to Act in its Reasonable Judgment Required Defendant to Have a Reasonable Basis for its Actions
On November 8, 2019, the Fourth Department issued a decision in Scheer v Elam Sand & Gravel Corp… Read More
November 19, 2019 Moving to Dismiss for Failure to Serve Complaint Does Not Waive Right Later to Move to Dismiss for Lack of Jurisdiction
On October 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 18, 2019 Written Contract's Merger Clause Does Not Bar Parol Evidence Regarding an Alleged Agreement When Alleged Agreement was Collateral to the Written Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 17, 2019 Plaintiff Cannot Save Time-Barred Legal Malpractice Claims by Re-Characterizing Them as Fraud Claims
On November 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 16, 2019 Aiding and Abetting Fraud Claim Fails for Lack of Evidence of Substantial Assistance
On October 29, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 15, 2019 CLE Program: Practicing in NYS Supreme Court (Part 2)
On November 20, 2019, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at th… Read More
November 15, 2019 Non-Appealing Defendants Entitled to Benefit of Appealing Defendant's Successful Appeal
On September 6, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Gl… Read More
November 14, 2019 Conversion Claim Based on Alleged Right to Receive Shares Dismissed
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 13, 2019 CLE Program: Practicing in NYS Supreme Court
On November 13, 2019 , Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at t… Read More
November 13, 2019 Allegations Fail to Establish that Plaintiff Was Third-Party Beneficiary of Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 12, 2019 Contract Claim Barred by Voluntary Payment Doctrine
On October 30, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 11, 2019 Plaintiff Cannot Sue for both Rescission and Damages for Breach of Contract
On October 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 10, 2019 Constructive Trust Upheld
On October 30, 2019, the Second Department issued a decision in Galasso, Langione & Botter, LLP … Read More
November 9, 2019 Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 8, 2019 Upcoming Arguments in the Court of Appeals in November 2019
Upcoming argument in the Court of Appeals in November 2019 that may be of interest to commercial lit… Read More
November 7, 2019 Claims Barred by Release
On October 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 6, 2019 At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative
On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in S… Read More
November 5, 2019 CPLR 205 Relation Back Applies to Federal Claim Transferred to New York
On October 17, 2019, the First Department issued a decision in Federal Home Loan Bank of Boston v. M… Read More
November 4, 2019 Statute of Frauds Bars Claim Based on Oral Guarantee of Rent Obligations
On October 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 3, 2019 Suit Stayed in Favor of Prior Pending Federal Action
On October 15, 2019, Justice Borrok of the New York County Commercial Division issued a decision iss… Read More
November 2, 2019 Court May Not Vacate Arbitral Award Because Arbitrator Erred in Interpreting or Applying the Law
On October 24, 2019, the First Department issued a decision in Matter of Nexia Health Tech., Inc. v.… Read More
November 1, 2019 Fraudulent Conveyance Claims Dismissed for Insufficient Allegations of Fraud
On October 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 31, 2019 Tortious Interference Claim Dismissed Based on Economic Justification Defense
On October 22, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 30, 2019 Non-New York Statutes do not Invalidate Contracts that Chose New York Law
On October 24, 2019, the First Department issued a decision in ABB, Inc. v. Havtech, LLC, 2019 NY Sl… Read More
October 29, 2019 Court Rejects Claim for Aiding and Abetting Fraudulent Conveyance
On October 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
October 28, 2019 Transcripts and Videos of Arguments in the Court of Appeals for October 2019 Now Available
On October 17, 2019, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
October 28, 2019 Court Dismisses Claim for Lost Profits Damages
On October 9, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
October 27, 2019 Lack of Particularity Dooms Fraudulent Conveyance Claim
On October 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in G… Read More
October 26, 2019 Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling
On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in… Read More
October 25, 2019 Corporate Waste Claim Defeated by Business Judgment Rule
On October 9, 2019, the Second Department issued a decision in Witty v. Wallace, 2019 NY Slip Op. 07… Read More
October 24, 2019 Loans Not Identified in Timely RMBS Putback Notice Still Subject to Putback Based on Later Notices, Which Related Back to First Notice
On October 10, 2019, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, … Read More
October 23, 2019 Court Analyzes Adverse Interest Exception to in Pari Delicto Defense
On October 10, 2019, the First Department issued a decision in Conway v. Marcum & Kliegman LLP, … Read More
October 22, 2019 Plaintiff Waives Jury Trial Against all Defendants by Seeking Non-Incidental Equitable Claim Against one Defendant
On October 8, 2019, the First Department issued a decision in Errant Gene Therapeutics, LLC v. Sloan… Read More
October 21, 2019 Oral Joint Venture Agreement Barred by Statute of Frauds
On October 7, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 20, 2019 Constructive Eviction Suspends Obligation to Pay Rent
On October 8, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in B… Read More
October 19, 2019 Commercial Reasonableness of Creditor's Auction Disposing of Collateral Created Issue of Fact Regarding Damages
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
October 18, 2019 Text Relating to Negotiation of Agreement Is Not A Binding Agreement
On October 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in R… Read More
October 17, 2019 Upcoming Arguments in the Court of Appeals in October 2019
Upcoming argument in the Court of Appeals in October 2019 that may be of interest to commercial liti… Read More
October 17, 2019 Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
October 16, 2019 Court Erred in Awarding Damages That Were Not Proved or Requested
On October 8, 2019, the First Department issued a decision in Pastreich v. Pastreich, 2019 NY Slip O… Read More
October 15, 2019 Plaintiff May Not Move to Amend Complaint After Complaint Has Been Dismissed
On October 1, 2019, the First Department issued a decision in Tanner v. Stack, 2019 NY Slip Op. 0703… Read More
October 14, 2019 Faithless Servant Claim Requires Defendant to Have Acted Directly Against Employer's Interests as in Embezzlement, Improperly Competing or Usurping Business Opportunities
On October 1, 2019, the First Department issued a decision in Bluebanana Group v. Sargent, 2019 NY S… Read More
October 13, 2019 Fraud Claim Cannot be Based on Alleged Intention Not to Perform Contract
On September 25, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 12, 2019 Court Dismisses Federal Securities Fraud Claims
On September 26, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 11, 2019 Failure to Send Regular Invoices Defeats Account Stated Claim
On September 13, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 10, 2019 Court Refuses to Apply Apex Doctrine to Quash Subpoena
On September 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 9, 2019 Derivative and Individual Claims Based on Same Facts Cannot be Brought in Same Action
On September 23, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 8, 2019 Statute of Frauds Bars Claim Based on Alleged 99-Year Lease
On August 21, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Roman C… Read More
October 7, 2019 Sale of Bond Transfers All Claims Held by Previous Owner
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 6, 2019 Derivative Claims Against LLC's Non-Managing Members Dismissed
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 5, 2019 Default Judgment Denied Due to Failure to Prove Damages; Plaintiff Allowed to Take Discovery and Renew Motion
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 4, 2019 Action is Not First Filed Action for CPLR 3211(a)(4) Purposes if Summons With Notice is Not Followed by Complaint
On September 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 2, 2019 Court Dismisses Conversion Claim Based on Copying Electronic Files
On September 19, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
October 1, 2019 Defendant's Acknowledgement of Existence of Oral Contract Defeats Statute of Frauds Defense
On September 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 30, 2019 Defendant Fails to Provide Adequate Basis for Vacating Default
On September 25, 2019, the Second Department issued a decision in Redbridge Bedford, LLC v 159 N. 3r… Read More
September 28, 2019 Tenant Could Not Bring and Then Consolidate Two Actions to Avoid No Counterclaims Provision in Lease
On September 20, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 27, 2019 Yellowstone Injunction Denied Because Failure to Have Insurance Was Not Curable
On September 12, 2019. Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 26, 2019 Lender - Borrower Relationship Does Not Give Rise to Fiduciary Duty
On September 11, 2019, Justice Cohen of the New York County Commercial Division issued a decision in… Read More
September 25, 2019 Corporate Officer Liable for Business Tort Only to Extent of Personal Participation in and Knowledge of It
On September 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 24, 2019 Additional Notices of Claim Related Back to Original Summons With Notice
On September 17, 2019, the First Department issued a decision in HSBC Bank USA v. Merrill Lynch Mtge… Read More
September 23, 2019 First Department Recognizes Narrow Exception to Rule that Privilege Rules Applied to Evidence Are Those of Forum in Which Evidence Will Be Used
On September 17, 2019, the First Department issued a decision in Ambac Assur. Corp. v. Nomura Credit… Read More
September 22, 2019 Senior Lender Did Not Have Special Duty to Subordinated Junior Lender
On September 9, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 21, 2019 Court Erred in Vacating Default When There Was No Reasonable Excuse for the Default
On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY… Read More
September 20, 2019 Shareholder Agreement Provision Requiring Shareholders and Corporation to Agree on Shareholder's Compensation Unenforceably Vague
On September 11, 2019, the Second Department issued a decision in Osborne v. Williamson Law Book Co.… Read More
September 19, 2019 First Department Approves Sampling in RMBS Actions
On September 17, 2019, the First Department issued a decision in Home Equity Mtge. Trust Series 2006… Read More
September 18, 2019 Dismissal of Foreclosure Action for Failure to Prosecute Vacated
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2… Read More
September 17, 2019 Account Stated Claim Cannot Create Liability Where None Exists
On September 10, 2019, the First Department issued a decision in Cushman & Wakefield, Inc. v. Ka… Read More
September 16, 2019 General Obligations Law 5-1402 Bars Forum Non Conveniens Motion
On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 14, 2019 Initial Consultation Insufficient to Justify Counsel's Disqualification on Conflict Grounds
On September 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 13, 2019 Bank Holding Company Not Liable for Acts of its Banking Subsidiary
On September 5, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 11, 2019 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed rule changes. Firs… Read More
September 10, 2019 Placing Disputed Funds in Escrow Did Not Stop Liability for Post-Judgment Interest
On September 10, 2019, the First Department issued a decision in Triadou SPV S.A. v. CF 135 Flat LLC… Read More
September 9, 2019 Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money
On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 8, 2019 Court Grants Yellowstone Injunction, Noting Low Burden for Granting Such an Injunction
On July 11, 2019, Justice Livote of the Queens County Commercial Division issued a decision in US Ba… Read More
September 7, 2019 Court Grants Mandatory Injunction Requiring Defendant to Sign Document
On June 21, 2019, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mo… Read More
September 6, 2019 Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
September 5, 2019 Oral Agreement to Pay Employee's Legal Fees Barred by Statute of Frauds to the Extent it Related to Future Litigation
On August 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Co… Read More
September 4, 2019 Purchaser Had Constructive Notice of Easement Even Though Easement Was Not Indexed to Lot
On September 3, 2019, the First Department issued a decision in Akasa Holdings, LLC v. 214 Lafayette… Read More
September 2, 2019 Where Contract Has Choice of Law Provision, Substantive Law of Chosen Jurisdiction Controls Award of Prejudgment Interest
On August 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 1, 2019 That Deadlocked Corporation Continued to Operate at a Profit Not Grounds for Refusing to Dissolve Corporation
On August 22, 2019, the Fourth Department issued a decision in Matter of Cellino v Cellino & Bar… Read More
August 31, 2019 Filing Amended Complaint Did Not Moot Pending Motion to Dismiss
On August 22, 2019, the Fourth Department issued a decision in Paramax Corp. v. VoIP Supply, LLC, 20… Read More
August 30, 2019 Tortious Interference Claim Dismissed on Summary Judgment for Lack of Evidence That Defendant Intended to Cause Breach
On August 22, 2019, the Fourth Department issued a decision in Transpo Bus Servs., LLC v. New York B… Read More
August 29, 2019 Breach of Oral Contract Claim Barred by Statute of Frauds
On August 21, 2019, the Second Department issued a decision in Martin Greenfield Clothiers, Ltd. v. … Read More
August 28, 2019 Corporate Parent Not Liable Under Plaintiff's Employment Agreement With a Subsidiary
On August 16, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
August 27, 2019 Plaintiff That Did Not Sign Contract Lacked Standing to Bring Breach of Contract Claim
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Sp… Read More
August 26, 2019 Court Denies Motion to Compel Because Discovery Sought Not Material and Necessary
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in GC… Read More
August 25, 2019 Complaint Fails Because of Insufficient Affidavit of Service
On August 21, 2019, the Second Department issued a decision in Aurora Loan Servs., LLC v. Revivo, 20… Read More
August 24, 2019 Malpractice Claim Partially Barred by In Pari Delicto Defense
On August 21, 2019, the Second Department issued a decision in Gobindram v. Ruskin Moscou Faltischek… Read More
August 22, 2019 Documents Not Prepared in Anticipation of Litigation Not Entitled to Work-Product Protection
On August 7, 2019, Justice Borrok of the New York County Commerical Division issued a decision in Sp… Read More
August 21, 2019 Client's Failure Timely to Dispute Bills Entitles Law Firm to Summary Judgment on Account Stated Claim
On August 1, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Law… Read More
August 20, 2019 Economic Interest Defense Defeats Tortious Interference Claim
On August 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
August 19, 2019 Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary
On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
August 18, 2019 SLUSA Stay Applies Even in State Court Actions
On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
August 17, 2019 Plaintiff Adequately Alleged Breach of Covenant of Good Faith and Fair Dealing Notwithstanding Clause Granting Defendant Sole Discretion in Taking Certain Action
On July 30, 2019, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
August 16, 2019 Dismissal on Forum Non Conveniens Grounds Does Not Require the Existence of an Alternative Forum
On August 6, 2019, the First Department issued a decision in Primus Pac. Partners 1, LP v. Goldman S… Read More
August 15, 2019 Court Declines to Award Prejudgment Interest on Unjust Enrichment Damages Award
On July 27, 2019, Justice Friedman of the New York County Commercial Division issued a decision in O… Read More
August 14, 2019 Out-of-State Business's Failure to Register in New York Caused it to Lack Standing to Sue
On July 24, 2019 Justice Borrok of the New York County Commercial Division issued a decision in Inte… Read More
August 12, 2019 Attorney's Notice of Appearance Has Same Effect As An Answer for Purposes of Challenging Jurisdiction
On August 7, 2019, the Second Department issued a decision in Mid-Island Mtge. Corp. v. Johnson, 201… Read More
August 11, 2019 Court Need Not Determine Whether There is Personal Jurisdiction Before Dismissing on Forum Non Conveniens Grounds
On August 6, 2019, the First Department issued a decision in Kainer v. UBS AG, 2019 NY Slip Op. 0605… Read More
August 10, 2019 Discovery Sanctions Denied for Failure to Explain in Detail Movant's Efforts to Resolve the Dispute
On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 20… Read More
August 9, 2019 Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties
On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 8, 2019 Alleged Misrepresentation Regarding Future Performance Insufficient to Support Claim for Fraudulent Inducement
On July 8, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in G… Read More
August 7, 2019 Plaintiff Can Bring Suit as Third-Party Beneficiary of Contract
On July 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in HTRF … Read More
August 6, 2019 Law Firm Disqualified; Its Prior Representation of Opposing Party Was Substantially-Related to Current Dispute
On July 12, 2019, Justice Borrok of the New York County Commercial Division issued a decision in NL … Read More
August 5, 2019 Malpractice Claim Dismissed as Premature Because the Harm Arising from the Alleged Malpractice Has Not Yet Occurred
On July 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Y… Read More
August 4, 2019 Party That Fails to Close on Purchase Cannot Later Enforce Right of First Refusal
On July 15, 2019, Justice Schecter of the New York County Commercial Division issued a decision in V… Read More
August 3, 2019 Failure Timely to Move for Default Judgment Leads to Dismissal of Claim
On July 17, 2019, the Second Department issued a decision in U.S. Bank N.A. v. White, 2019 NY Slip O… Read More
August 2, 2019 Allegations That Complaint is Based on False Statement Basis for Judiciary Law Counterclaim
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Gera… Read More
August 1, 2019 Party Waived Right to Arbitrate By Asserting Claims in Litigation
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in WZ U… Read More
July 31, 2019 Plaintiff's Delay in Bringing Suit or Exercising Other Remedies Did Not Waive Right to Sue
On July 3, 2019, Justice Schecter of the New York County Commerical Division issued a decision in Ta… Read More
July 30, 2019 Merger Clause That Lacked Specificity Needed to Bar Fraud Claims
On July 15, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
July 29, 2019 Derivative Action Dismissed for Failure to Make Demand/Adequately Plead Demand Futility
On June 28, 2019, Justice Masley of the New York County Commercial Division issued a decision in Gam… Read More
July 28, 2019 Indenture's No Action Clause Cannot Bar Claim for Unpaid Payments
On July 5, 2019, Justice Masley of the New York County Commerical Division issued a decision in Pala… Read More
July 27, 2019 Court Explains Basis for Calculating Undertaking in Connection With An Injunction
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in East… Read More
July 26, 2019 Expert Report Excluded for Failure to Explain Basis for Opinions
On July 11, 2019, Justice Cohen of the New York County Commercial Division issued a decision in 30-3… Read More
July 25, 2019 Movant's Inability to Find Evidence in its Possession Insufficient Grounds for Renewal
On July 11, 2019, Justice Friedman of the New York County Commercial Division issued a decision in T… Read More
July 24, 2019 Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract
On July 17, 2019, the Second Department issued a decision in Did-it.com, LLC v. Halo Group, Inc., 20… Read More
July 23, 2019 Claim Dismissed as Derivative, Not Direct
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in 600-… Read More
July 22, 2019 Negligence Claim Cannot Be Based on Alleged Failure Adequately to Perform Contractual Duties
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Corn… Read More
July 21, 2019 Party Not Entitled to Fees on Fees
On July 8, 2019, Justice Scapulla of the New York County Commercial Division issued a decision in Pa… Read More
July 20, 2019 Shareholders Did Not Breach Duty to Company by Operating Competing Companies
On July 10, 2019, the Second Department issued a decision in Laffey v. Laffey, 2019 NY Slip Op. 0552… Read More
July 17, 2019 Common Interest Privilege Does Not Apply to Merger Transaction
On July 9, 2019, the First Department issued a decision in Telx-New York, LLC v. 60 Hudson Owner LLC… Read More
July 16, 2019 When There is Question Regarding Whether a Party Signed Agreement With Arbitration Clause, Question of Arbitrability is for Court, Not Arbitrator, to Decide
On June 27, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Sur… Read More
July 15, 2019 Fraud Claims Not Duplicative of Malpractice Claims
On June 27, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 14, 2019 Shareholders and Directors Not Liable for Breach of Company's Contractual Obligations
On June 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Town… Read More
July 13, 2019 Efforts to Mitigate Losses Did Not Affirm Contract After Breach
On July 2, 2019, the First Department issued a decision in Lantau Holdings Ltd. v. Orient Equal Intl… Read More
July 12, 2019 Legal Malpractice Claim Fails Without Allegations of Damages
On July 2, 2019, the First Department issued a decision in Miami Capital, LLC v. Hurwitz, 2019 NY Sl… Read More
July 11, 2019 Court Refuses to Impose PSLRA Stay on Securities Act Action Pending in Commercial Division
On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in M… Read More
July 10, 2019 Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney's Fees
On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Sli… Read More
July 9, 2019 Corporate Defendant's Mail Delivery Problems Not Basis for Vacating Default Judgment
On June 17, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fis… Read More
July 8, 2019 Policy Notices Submitted by Defendant Insurer Not 3211(a)(1) Documentary Evidence
On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. … Read More
July 7, 2019 Court Grants Specific Performance of Contract Because of Difficulty in Enforcing Judgment on Defendants' Foreign Assets
On June 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
July 6, 2019 Party Ordered to Pay Opponent's Cost of Compelling Discovery As Sanction for Failing to Obey Discovery Orders
On June 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in Bor… Read More
July 5, 2019 Commercial Division Justice Will Not Stay First-Filed Securities Act Case in Favor of Later-Filed Action in SDNY
On June 21, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in H… Read More
July 4, 2019 Party's Failure to State its Intent to Perform a Contract can Demonstrate Repudiation
On June 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Coo… Read More
July 3, 2019 Conviction Relating to Bribery of Defendant Does Not Bar Suit as a Matter of Law
On June 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision in A… Read More
July 2, 2019 Qui Tam Claim Not Subject to Particularity Requirements of CPLR 3106
On June 20, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in S… Read More
July 1, 2019 Failure to Give Required Notice Doomed Indemnification Claim
On June 24, 2019, Justice Risi of the Queens County Commercial Division issued a decision in Quantum… Read More
June 29, 2019 Subsequent Agreement Reducing Tenant's Rent Obligations Insufficient to Discharge Guarantor's Obligations Under Initial Contract
On June 18, 2019, the First Department issued a decision in SpringPrince, LLC v. Elie Tahari, Ltd., … Read More
June 28, 2019 Protected Purchaser Provision of UCC 8-303 Does Not Defeat Claims
On June 18, 2019, the First Department issued a decision in Black Diamond Capital Mgt., LLC v. Oppen… Read More
June 27, 2019 Communications Seeking Legal Advice Through Third-Parties Privileged
On June 18, 2019, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer,… Read More
June 26, 2019 Client Can Seek to Recoup Fees Paid to Counsel that had an Alleged Conflict of Interest
On June 19, 2019, the Second Department issued a decision in Baugher v. Cullen & Dykman, LLP, 20… Read More
June 25, 2019 Claim Barred by Election of Remedies
On June 13, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Infe… Read More
June 24, 2019 Court Refuses to Vacate Arbitration Award for Manifest Disregard of the Law
On June 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Wern… Read More
June 23, 2019 Non-Client Adequately Alleged Fiduciary Duty Claims Against Law Firm
On June 11, 2019, the First Department issued a decision in Devlin v. Greenberg Traurig, LLP, 2019 N… Read More
June 22, 2019 Changing a Draft Contract Proffered by Counterparty Extinguishes Offered Contract and Represents a Counteroffer
On June 13, 2019, the First Department issued a decision in Brown v. Cerberus Capital Mgt., L.P., 20… Read More
June 21, 2019 GBL 13 Claim for Malicious Service of Process on the Sabbath Dismissed for Lack of Allegations of Malice
On May 28, 2019 Justice Knipel of the Kings County Commercial Division issued a decision in Hargrove… Read More
June 20, 2019 Group Pleading Renders Fraud Claim Insufficient
On June 7, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Arent… Read More
June 19, 2019 Court Denies Default Judgment for Lack of Evidence Supporting Plaintiff's Claim
On June 6, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in St… Read More
June 16, 2019 Justice Friedman Updates Part Rules
Justice Marcy S. Friedman of the New York County Commercial Division recently updated her individual… Read More
June 15, 2019 Remedy for Motion Court's Refusal to Sign Order to Show Cause is Appeal, Not Re-submission to a Different Judge
On June 12, 2019, the Second Department issued a decision in Cypress Hills Mgt., Inc. v. Lempenski, … Read More
June 14, 2019 Continuous Representation Doctrine Allegations Insufficient to Save Professional Malpractice Claims
On June 3, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in B… Read More
June 13, 2019 Court Should Have Vacated Note of Issue Where Discovery Not Complete
On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng'g &a… Read More
June 13, 2019 Apparent Authority Created by Acts of the Principal, Not the Agent
On April 16, 2019, Justice Grays of the Queens County Commercial Division issued a decision in 45-34… Read More
June 12, 2019 Court Refused to Void Contract Because of Economic Duress
On June 4, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Sn… Read More
June 11, 2019 Public Policy Does Not Bar Indemnification for Prior Criminal Acts
On June 3, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Ar… Read More
June 10, 2019 Trademark Cannot be the Subject of a Conversion Claim
On May 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kim … Read More
June 9, 2019 Appellants Who Were Not Parties to Arbitration Waived Right to Challenge Award
On June 6, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman,… Read More
June 8, 2019 Despite Alleged Participation of New York Parties in Fraud, New York Found to be Inconvenient Forum
On June 4, 2019, the First Department issued a decision in Rodionov v Redfern, 2019 NY Slip Op. 0432… Read More
June 7, 2019 Tortious Interference Claim Fails When Defendants' Actions Motivated by Self-Interest and Other Economic Considerations
On June 5, 2019, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LL… Read More
June 6, 2019 Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended
On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo W… Read More
June 5, 2019 Action Properly Dismissed in Favor of Prior Pending Action
On May 29, 2019, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Luxama, 201… Read More
June 3, 2019 Defendant Fails to Overcome Presumption of Proper Service
On May 29, 2019, the Second Department issued a decision in Wells Fargo Bank, NA v. Burshstein, 2019… Read More
June 2, 2019 Non-Party May Appeal if it is Aggrieved By the Order Appealed From
On May 30, 2019, the First Department issued a decision in Mutual Benefits Offshore Fund, Ltd. v. Ze… Read More
June 1, 2019 Landlord Changing Locks Constitutes Eviction
On May 30, 2019, the First Department issued a decision in Mauray Realty Co. v. Advantage Plastics, … Read More
May 29, 2019 Agreement for a Referral Fee for Sale of Company's Shares Inapplicable to Sale of Company's Assets
On May 28, 2910, the First Department issued a decision in Sassoon v. CDx Diagnostics, Inc., 2019 NY… Read More
May 27, 2019 Court Dismisses Claims, Enforcing No Damages for Delay Clause
On May 23, 2019, the First Department issued a decision in Welsbach Elec. Corp. v. Judlau Contr., In… Read More
May 26, 2019 Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission
On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 040… Read More
May 24, 2019 Court Excuses Late Filing of Affidavit of Service
On May 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fur… Read More
May 23, 2019 Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Stea… Read More
May 22, 2019 Being Listed on the NYSE Insufficient to Confer Personal Jurisdiction
On May 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
May 21, 2019 Court Rejects Economic Duress Claim
On May 6, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kaye… Read More
May 20, 2019 Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 51… Read More
May 19, 2019 Based on FINRA Rules, Court Declines to Order Class Action Arbitration
On May 15, 2019, the Second Department issued a decision in Rutella v. National Sec. Corp., 2019 NY … Read More
May 18, 2019 Party Asserting Lack of Service as an Affirmative Defense Must Move for Judgment on that Defense Within 60 Days of Answering
On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op… Read More
May 17, 2019 Where Company Lacked a Principal Place of Business in Any One State, its Residence For Purposes of the Borrowing Statute Was Its State of Incorporation
On May 9, 2019, the First Department issued a decision in Interventure 77 Hudson LLC v. Falcon Real… Read More
May 16, 2019 Court Appoints Receiver to Perform Long-Delayed Winding Up
On April 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision in T… Read More
May 15, 2019 Joining Co-Defendants' Motion to Dismiss Tolled Party's Time to Answer
On May 2, 2019, the First Department issued a decision in Levine v Singal, 2019 NY Slip Op. 03438, … Read More
May 14, 2019 Disclaimers Protect Publisher From Liability for Alleged Inaccuracies in Treatise
On May 2, 2019, the First Department issued a decision in Himmelstein, McConnell, Gribben, Donoghue… Read More
May 13, 2019 List of Witnesses to be Interviewed Not Privileged
On May 2, 2019, the First Department issued a decision in Gottwald v. Sebert, 2019 NY Slip Op. 0347… Read More
May 12, 2019 Fraud in the Inducement Claim Not Duplicative of Breach of Contract Claim
On May 1, 2019, the Second Department issued a decision in 260 Mamaroneck Ave., LLC v. Guaraglia, 2… Read More
May 11, 2019 Unjust Enrichment Claim Dismissed for Failure to Aledge How the Defendant Was Unjustly Enriched
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ta… Read More
May 10, 2019 Justice Platkin Analyzes Enforcement of Forum Selection Clauses
On April 17, 2019, Justice Platkin of the Albany County Commercial division issued a decision in New… Read More
May 9, 2019 Contract Term Waiving Right to Seek Yellowstone Injunction Enforceable
On May 7, 2019, the Court of Appeals issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 20… Read More
May 7, 2019 Fraudulent Inducement Counterclaim Dismissed for Failure to Allege Out-of-Pocket Damages
On April 12, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
May 6, 2019 Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy
On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 5, 2019 Defendant Waives Standing Defense By Failing to Raise it in Answer or Motion to Dismiss
On March 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Fra… Read More
April 30, 2019 Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution
On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip … Read More
April 29, 2019 Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity
On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip … Read More
April 28, 2019 Court Upholds Unfair Competition Claim Based on Theft of Trade Secrets
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in We… Read More
April 27, 2019 Conduct Amounting to Nothing More than Common Business Practice Cannot Be Basis for Aiding and Abetting Breach of Fiduciary Duty Claim
On April 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 26, 2019 Questions of Fact Preclude Decision on Whether Tenant Held-Over By Leaving Office Furniture and Equipment in Premisis
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ro… Read More
April 25, 2019 Plaintiff has no Property Interest in Likeness Outside Civil Rights Law
On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jo… Read More
April 24, 2019 Questions of Fact Preclude Dismissal on Litigation Privilege Grounds of Claim Based on Defendant's Alleged Pre-Ligitation Defamatory Statement
On March 25, 2019, Justice Masley of the New York County Commercial Division issued a decision in P… Read More
April 23, 2019 Contract With Specific Term Not Renewed by Course of Conduct
On March 27, 2019, Justice Masley of the New York County Commercial Division issued a decision in M… Read More
April 22, 2019 Partnership Tax Returns Were Not Dispositive Evidence of Plaintiff's Status as a Partner
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
April 21, 2019 Anticipatory Repudiation Claim Dismissed For Failure Unequivocally to Allege a Refusal Further to Perform
On April 2, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 20, 2019 Court Grants Default Judgment; No Good Cause Shown for Failure Timely to Answer
On March 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
April 19, 2019 Court Cannot Rule on Whether Dispute is Arbitrable When Agreement Explicitly Assigns That Task to the Arbitrator
On March 26, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
April 18, 2019 Non-Signatory Bound By Forum Selection Clause
On March 26, 2019, Justice Masley of the New York County Commercial Divsion issued a decision in Kl… Read More
April 16, 2019 Failure to Seek Default Judgment Within One Year of Default Results in Dismissal of Claims
On March 13, 2019, Justice Knipel of the Kings County Commercial Division issued a decision in Matte… Read More
April 15, 2019 Court Analyzes Application of Saving Statue to Case That had Been Transferred Multiple Times
On March 25, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Fed… Read More
April 14, 2019 First Department Affirms Order Remanding Arbitration to New Arbitrator
On April 11, 2019, the First Department issued a decision in Policy Admin. Solutions, Inc. v. QBE Ho… Read More
April 12, 2019 Contra Proferentem Doctrine Does Not Apply When Contract is Unambiguous and the Parties are Sophisticated
On April 2, 2019, the First Department issued a decision in Churchill Real Estate Holdings LLC v. C… Read More
April 11, 2019 Counsel Waived Privilege by Forwarding E-mail Chain Containing Privileged Conversations to Opponent
On March 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
April 10, 2019 Questions of Fact Preclude Dismissal of Criminal Usury Defense
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in E… Read More
April 9, 2019 Oral Agreement to Sell Securities Enforceable Even if it Cannot Be Performed Within a Year
On March 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 8, 2019 Contractual Disclaimers Barred Fraud Claim
On March 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 7, 2019 Claimed Deception Among Jewelry Wholesales Supported General Business Law 349 Claim Because Alleged Fraud Ultimately Harmed Public
On March 18, 2019, Justice Scarpulla of the New York County Commercial Divsion issued a decision in… Read More
April 6, 2019 Statute of Frauds Bars Claim for Fee in Connection with Finding a Business Opportunity
On March 27, 2019, the Second Department issued a decision in Best Global Alternative, Ltd. v. FCIC… Read More
April 5, 2019 Defendant Waived Defense of Lack of Jurisdiction By Engaging in Significant Activity in the Action
On March 27, 2019, the Second Department issued a decision in HSBC Bank USA, N.A. v. Taub, 2019 NY … Read More
April 4, 2019 That Defendant Caused Plaintiff to Breach Contract With Third Party Cannot Be Basis of Tortious Interference Claim
On March 22, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust Co… Read More
April 3, 2019 Court Declines to Issue Declaratory Judgment on Default; Hearing Necessary
On March 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in W… Read More
April 2, 2019 Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in B… Read More
April 1, 2019 Single, Pre-Contract, Meeting and Telephone and E-mail Communications Insufficient to Establish Personal Jurisdiction in New York
On March 18, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 31, 2019 Fraud Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim
On March 19, 2019, the First Department issued a decision in Ohm NYC LLC v. Times Sq. Assoc. LLC, … Read More
March 30, 2019 Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts
On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros… Read More
March 29, 2019 Questions of Fact Preclude Dismissal of Gross Negligence Claim
On March 12, 2019, the First Department issued a decision in S.A. De Obras y Servicios, COPASA v. B… Read More
March 28, 2019 Fraud Claim Dismissed for Failure to Allege Who Made Misrepresentation and Where, When and How it was Made
On March 12, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
March 27, 2019 Claims Relating to Injury to LLC Permissible Direct Claims When They Also Relate to Separate Injury to Plaintiff
On March 12, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
March 26, 2019 Court Denies Motion to Dismiss Malpractice Claim Relating to Settlement Despite Plaintiff's Allocution to the Settlement Terms
On March 7, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ro… Read More
March 25, 2019 Once Claim on Principal is Time-Barred, Suit to Recover Post-Maturity Interest on Principal is Time-Barred as Well
On March 21, 2019, the Court of Appeals issued a decision in Ajdler v. Province of Mendoza, 2019 NY … Read More
March 24, 2019 Lack of Retainer Agreement Does Not Bar Counsel from Recovering For Work on Account Stated Theory
On March 12, 2019, the First Department issued a decision in Carling v. Peters, 2019 NY Slip Op. 01… Read More
March 23, 2019 Non-Signatories Not Bound by Agreement to Arbitrate
On February 25, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 22, 2019 Judicial Estoppel Bars Defendant From Taking Factual Position Different From That Taken in Earlier Actions or Proceedings
On February 28, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
March 21, 2019 Contract Claim Dismissed for Lack of Damages
On February 27, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 20, 2019 Court Grants Forum Non Conveniens Motion
On February 28, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 19, 2019 Common Law Indemnification Claims Dismissed For Lack of Vicarious Liability or Fault
On March 1, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
March 18, 2019 No Yellowstone Injunction Where Tenant Cannot Cure Breach of Lease
On March 5, 2019, the First Department issued a decision in Bliss World LLC v. 10 W. 57th St. Realty… Read More
March 17, 2019 Business Valuation Not Protected by Attorney-Client Privilege
On February 28, 2019, the Third Department issued a decision in Galasso v. Cobleskill Stone Prods.,… Read More
March 16, 2019 Claim Time-Barred Because it Was Not Assigned to Plaintiff Until After Statute of Limitations Had Run
On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019… Read More
March 15, 2019 Lease's Rent Credit Provision Unenforceable Penalty
On February 28, 2019, the First Department issued a decision in Free People of PA LLC v. Delshah 60… Read More
March 14, 2019 Qualified Privilege Bars Defamation Claim
On February 26, 2019, the First Department issued a decision in L.Y.E. Diamonds, Ltd. v. Gemological… Read More
March 13, 2019 Attorney Fee Provision Entitling Plaintiff to Fees Equaling One Third of Award Unenforceable
On February 20, 2019, Justice Cohen of the New York County Commercial Division issued a decision in… Read More
March 12, 2019 Stipulation to Support Class Action Settlement Unenforceable
On February 14, 2019, the First Department issued a decision in Cohen v. Saks Inc., 2019 NY Slip O… Read More
March 11, 2019 Court Clarifies Rules Regarding Accrual of RMBS "Failure to Notify" Put-Back Claims
On February 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
March 10, 2019 Defendant Waived Lack of Personal Jurisdiction Defense By Bringing Earlier, Related Action
On February 19, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 9, 2019 Defendant Granted Default Judgment on its Counterclaims Against Plaintiff
On February 8, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
March 8, 2019 Claims Not Barred by Collateral Estoppel or Res Judicata Because They Had Not Matured When First Action Brought
On February 13, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
March 7, 2019 Action Dismissed For Failure Timely to Serve Summons and Complaint
On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More
March 6, 2019 Claim Barred by Voluntary Payment Doctrine
On November 8, 2018, Justice Garguilo of the Suffolk County Commercial Division issued a decision in… Read More
March 5, 2019 Defamation Claim Dismissed; Alleged Defamatory Statements Subject to Qualified Privilege
On February 20, 2019, the Second Department issued a decision in Udeogalanya v. Kiho, 2019 NY Slip … Read More
March 4, 2019 Plaintiff Did Not Waive Privilege; Subpoena to Plaintiff's Counsel Should Have Been Quashed
On February 21, 2019, the First Department issued a decision in Henneberry v. Borstein, 2019 NY Sli… Read More
March 3, 2019 Tortious Interference Based on Defamation Must be Pleaded With Particularity
On February 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 2, 2019 Notice of Lease Renewal Ineffective Because Not Timely Sent
On February 12, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 1, 2019 Remedies Bar Prevented Holders of Subordinated Debt From Suing Debtor
On February 14, 2019, the First Department issued a decision in J-Bar Reinforcement, Inc. v. Crest H… Read More
February 28, 2019 First Department Affirms Discovery Sanction
On February 26, 2019, the First Department issued a decision in Transasia Commodities Inv. Ltd. v. N… Read More
February 27, 2019 Party That Did Not Sign Contract Can Invoke Contract's Forum Selection Clause Based on Close Relationship With Signatory
On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
February 26, 2019 Dissolved Corporation Can Bring Claim as Part of its Winding Up
On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 25, 2019 Court Appoints Temporary Receiver Over Deadlocked Corporation
On January 31, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
February 24, 2019 Lack of Consideration Defense Even to Unconditional Guaranty
On February 19, 2019, the First Department issued a decision in Moon 170 Mercer, Inc. v. Vella, 20… Read More
February 23, 2019 Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee
On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 … Read More
February 22, 2019 RMBS Trustee's Failure to Give With Notice to Cure Within Limitations Period Does Not Bar Trustee from Curing Failure and Refiling Suit
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
February 21, 2019 Fraud Claim Not Duplicative of Contract Claim Because it Was Alleged Misrepresentation Made Before Contract and Was Collateral to It
On February 5, 2019, the First Department issued a decision in Dynamic-Hakim, LLC v. Maloney, 2019 … Read More
February 20, 2019 RMBS Trustee's Untimely-Filed Complaint Cannot Relate Back to Certificateholder's Suit on Behalf of Trust, Which Was Barred by Trust's No Action Clause
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
February 19, 2019 Trade Secret Misappropriation Claim Dismissed for Failure Adequately to Describe the Alleged Trade Secrets
On February 5, 2019, the First Department issued a decision in Schroeder v. Cohen, 2019 NY Slip Op.… Read More
February 18, 2019 Even Though Home Improvement Contract Was Unenforceable for Failure to Provide Required Notice, Plaintiff Still Could Recover Value of Work Performed
On February 8, 2019, the Fourth Department issued a decision in Weiss v. Zellar Homes, Ltd., 2019 N… Read More
February 17, 2019 Fraud Claim Dismissed for Failure to Show Out-of-Pocket Damages
On February 8, 2019, the Fourth Department issued a decision in Southwestern Invs. Group, LLC v. JH … Read More
February 16, 2019 Prompt Payment Act's Arbitration Provisions Make Contract's Agreement to Litigate Disputes Covered by the Act Unenforceable
On January 30, 2019, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 15, 2019 Mechanic's Lien Unenforceable Because it Was Not Timely Filed
On January 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
February 14, 2019 A Lawyer's Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More
February 13, 2019 Account Stated Claim Fails Without Evidence that Defendant Received Invoices and Did Not Object Within a Reasonable Time
On December 4, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Si… Read More
February 12, 2019 Third-Party Complaint Improper When Third-Party Defendants Not Liable for all or Part of Plaintiff's Claims Against Defendant
On December 12, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Ru… Read More
February 12, 2019 Conspiracy to Breach Fiduciary Duty Claim Properly Dismissed for Failure to Allege Facts Relating to Acts in Support of Conspiracy
On February 1, 2019, the Fourth Department issued a decision in Cohen & Lombardo, P.C. v. Conno… Read More
February 11, 2019 Letter of Intent Binding Contract Requiring Parties to Negotiate and Consummate Sale Transaction
On January 28, 2019, Justice Ash of the Kings County Commercial Division issued a decision in A.J. … Read More
February 10, 2019 Plaintiff Allowed to Correct Caption When It Mistakenly Sued Under Incorrect Name
On January 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
February 9, 2019 Justices Scarpulla and Schecter Updates Part Rules
Justices Saliann Scarpulla and Jennifer Schecter of the New York County Commercial Division recently… Read More
February 8, 2019 Causes of Action for Books and Records Inspection Dismissed for Lack of Business Purpose
On January 31, 2019, the First Department issued a decision in Austin v. Gould, 2019 NY Slip Op. 00… Read More
February 7, 2019 Mixed Result Meant that Neither Plaintiff Nor Defendant Was Prevailing Party for Award of Attorneys' Fees Purposes
On January 31, 2019, the First Department issued a decision in Blue Sage Capital, L.P. v. Alfa Lava… Read More
February 6, 2019 Partnership Not Entitled to Recover Fees from Derivative Action Plaintiff When Security for Fees Not Posted
On January 31, 2019, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2019 N… Read More
February 5, 2019 Liquidated Damages Clause Found to be Unenforceable Penalty
On January 29, 2019, the First Department issued a decision in Trustees of Columbia Univ. in the Ci… Read More
February 4, 2019 Insurance Broker Liable for Negligence in Preparing Application
On January 25, 2019, Justice Bucaria of the Nassau County Commercial Division issued a decision in … Read More
February 3, 2019 Upcoming Arguments in the Court of Appeals in February 2019
Upcoming argument in the Court of Appeals in February 2019 that may be of interest to commercial lit… Read More
February 2, 2019 Second Department Affirms Jury's Lost Profits Damage Award
On January 23, 2019, the Second Department issued a decision in East Hampton Union Free Sch. Dist. … Read More
February 1, 2019 Complaint Found to State Aiding and Abetting Fraud Claim Against Law Firm
On January 24, 2019, the First Department issued a decision in Gansett One, LLC v. Husch Blackwell, … Read More
January 31, 2019 Failure to Serve Order to Show Cause as Directed Jurisdictional Defect
On January 23, 2019, the Second Department issued a decision in Boucan NYC Café, LLC v. 467 Rogers… Read More
January 30, 2019 Court Imposes Constructive Trust Over Proceeds of Fraud
On January 10, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Kliba… Read More
January 29, 2019 Party That Benefited from Agreement With Arbitration Provision Bound by That Provision
On January 18, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 27, 2019 Transcripts and Videos of Arguments in the Court of Appeals for January 2019 Now Available
On December 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
January 26, 2019 Party Waived Right to Arbitrate By Suing Rather Than Moving to Compel Arbitration
On January 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 25, 2019 Disrespectful and Disproportionate Treatment of Female Shareholder Oppression Justifying Dissolution Under BCL
On January 9, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in Matter… Read More
January 24, 2019 Undertaking Related to Injunction Released Because There Was No Finding That Plaintiff Was Not Entitled to Injunction
On January 16, 2019, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,… Read More
January 23, 2019 New York Choice of Law Provision Enforceable Even Though Contract Not Connected to New York
On January 9, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 22, 2019 Shareholder Fails to Meet Standard for Corporate Dissolution
On January 10, 2019, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
January 21, 2019 Even Though Contract Gave the Defendant Discretion to Calculate Losses on Sale, it Was Required to Exercise That Discretion Reasonably
On January 17, 2019, the First Department issued a decision in Lehman Bros. Intl. (Europe)(in admin… Read More
January 20, 2019 Appeal of Preliminary Injunction Moot Because Act Sought to be Enjoined Already Occurred
On January 17, 2019, the First Department issued a decision in AmBase Corp. v. Spruce Capital Partne… Read More
January 19, 2019 Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve
On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FC… Read More
January 18, 2019 Delay Not Fatal to Motion to Amend
On November 14, 2018, Justice Grays of the Queens County Commercial Division issued a decision in E… Read More
January 17, 2019 Court Rejects Defense That Arbitration Agreement Was Signed Under Duress
On January 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 16, 2019 Subcontractor Prevails on Lien Law Claim
On January 9, 2019, the Second Department issued a decision in C.C.C. Renovations, Inc. v. Victoria… Read More
January 15, 2019 Court Grants Summary Judgment in Lieu of Complaint on Notes
On January 2, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 14, 2019 Contract Term Shortening Statute of Limitations Must Be Clear, Unambiguous, Reasonable and Fair
On December 13, 2017, Justice Paris of the Onondaga County Commercial Division issued a decision in … Read More
January 13, 2019 Defendant Denied Dismissal of Tortious Interference Claim Based on Economic Interest Defense
On January 8, 2019, the First Department issued a decision in Normandy Real Estate Partners LLC v. … Read More
January 12, 2019 Reassignment to Different Justice Does Not Affect Effect of Prior Justice's Rulings
On January 8, 2019, the First Department issued a decision in R&R Capital LLC v. Merritt, 2019 … Read More
January 11, 2019 Breach of Fiduciary Duty Claim Dismissed Under Business Judgment Rule
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 10, 2019 Court Imposes Preclusion Sanction on Defendant for Spoliation of Evidence
On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
January 9, 2019 Questions of Fact Preclude Summary Judgment on Claim for Deletion of Work in Construction Contract
On December 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 8, 2019 Questions of Fact Preclude Dismissal Regarding Whether Plaintiff's Reliance on Alleged Misrepresentations Was Reasonable
On December 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision… Read More
January 7, 2019 Tortious Interference Claim Dismissed on Summary Judgment
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 6, 2019 Court Erred in Dismissing GBL Section 349 Claim
On January 3, 2019, the Third Department issued a decision in Belair Care Ctr., Inc. v. Cool Insurin… Read More
January 5, 2019 Justices Borrok and Cohen Post Part Rules
Newly-assigned New York County Commercial Division Justices Andrew Borrok and Joel M. Cohen have pos… Read More
January 4, 2019 Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment
On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 3, 2019 Action Dismissed for Failure Timely to Serve Defendants
On December 17, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 2, 2019 Belated Complaint About Invoice Does Not Defeat Account Stated Claim
On November 1, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in … Read More
January 1, 2019 Theft of Trade Secret Claims Dismissed Because Information Was Disclosed to the Public
On December 11, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Corp… Read More
December 31, 2018 Memorandum of Understanding Found to be Unenforceable Agreement to Agree in the Future on Terms Rather Than Binding Contract
On December 20, 2018, the Third Department issued a decision in Doller v. Prescott, 2018 NY Slip Op… Read More
December 30, 2018 Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier
On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance… Read More
December 29, 2018 Written Agreement Requirement of CPLR 2104 Does Not Apply to Pre-Litigation Settlements
On November 8, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in W… Read More
December 28, 2018 Upcoming Arguments in the Court of Appeals in January 2019
Upcoming arguments in the Court of Appeals in January 2019 that may be of interest to commercial lit… Read More
December 27, 2018 Court Dismisses Action, Enforcing Forum Selection Clause
On December 14, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 26, 2018 Idea Misappropriation Claims Dismissed on Summary Judgment for Lack of Novelty
On December 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
December 25, 2018 Defendant Did Not Waive Attorney-Client Privilege
On December 13, 2018, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone… Read More
December 24, 2018 Option Unenforceable Due to Unreasonable Delay in Exercising It
On December 12, 2018, the Second Department issued a decision in Breslin v. Frankel, 2018 NY Slip O… Read More
December 23, 2018 Court Affirms Order Dissolving Corporation Whose Shareholders Were Deadlocked
On December 12, 2018, the Second Department issued a decision in Matter of ANO, Inc. v. Goldberg, … Read More
December 22, 2018 Court Refuses to Consider Parol Evidence in Interpreting Document Granting Easement
On December 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 21, 2018 Defendant Ratified Settlement Agreement By Accepting Benefits Despite Failure to Satisfy Express Condition
On December 13, 2018, the First Department issued a decision in GEM Holdco, LLC v. RDX Tech. Corp., … Read More
December 20, 2018 Questions of Fact Preclude Summary Judgment on Mutual Mistake Claim
On December 11, 2018, the First Department issued a decision in Securitized Asset Funding 2011-2, Lt… Read More
December 19, 2018 Discharge in Bankruptcy Does Not Accelerate Mortgage Debt
On November 19, 2018, Justice Karalunas of the Onondaga County Commercial Division issued a decision… Read More
December 17, 2018 Contract's Liquidated Damages Clause Held to be an Unenforceable Penalty
On November 30, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 16, 2018 Disclaimers of Representations Not Specific Enough to Bar Fraud Claim
On November 19, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
December 15, 2018 Common-Law Indemnification Unavailable to Defendant Seeking a Recovery for its Own Wrongdoing
On November 30, 2018, Justice Sherwood of the New York County Commercial division issued a decision … Read More
December 14, 2018 Break in Representation Bars Attempt to Toll Statute of Limitations Under Continuous Representation Doctrine
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 13, 2018 Fraud Claim Survives Despite Failure to Differentiate Between Acts of Different Defendants
On December 4, 2018, the First Department issued a decision in 47-53 Chrystie Holdings LLC v. Thuan… Read More
December 12, 2018 Court Lacks Subject Matter Jurisdiction Over Claim Against Foreign Bank By Non-Resident
On November 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 11, 2018 Court Enforces Contract Clause Limiting Damages
On November 29, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 10, 2018 Doctrine of Respondeat Superior Imposes Liability on Employer, Not Supervisor
On November 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 9, 2018 Fraud Claim Dismissed Because Plaintiff's Alleged Reliance Was Not Reasonable
On November 28, 2018, Justice Schecter of the New York County Commercial Division issued a decision … Read More
December 8, 2018 Court Refuses to Vacate Arbitral Award for Arbitrator Bias
On November 28, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
December 7, 2018 Defendants Cannot Avoid Summary Judgment on Contract Claim by Arguing Oral Modification
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 6, 2018 Movant Need Not Prove Willful and Contumacious Conduct to Prevail on Civil Contempt Motion
On December 5, 2018, the Second Department issued a decision in Palmieri v. Town of Babylon, 2018 NY… Read More
December 5, 2018 Mere Theory as to the Board's Misconduct Insufficient to Plead Demand Futility With Particularity
On November 15, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
December 4, 2018 Plaintiff Liable to Defendant on Defendant's Counterclaim Based on Facts Pleaded in the Complaint
On November 26, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 3, 2018 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed rule "[e]nhanc[ing] at… Read More
December 2, 2018 Labor Law Provision Allowing Employees to Sue General Contractor as Third-Party Beneficiaries Trumps Contract's No Third-Party Beneficiary Clause
On November 27, 2018, the First Department issued a decision in Wroble v. Shaw Envtl. & Infrast… Read More
December 1, 2018 Court Stays Lawsuit in Favor of Earlier-Filed Federal Class Action
On November 14, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 30, 2018 Plaintiff Without Interest in Land Cannot File Lis Pendens
On November 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 29, 2018 Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract
On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
November 28, 2018 Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal
On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleu… Read More
November 27, 2018 Plaintiff Not Entitled to Stay of Arbitration
On November 27, 2018, the First Department issued a decision in New 110 Cipriani Units, LLC v. Board… Read More
November 27, 2018 Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbit… Read More
November 26, 2018 Joint Venture's Controlling Shareholder Liable for Aiding and Abetting Manager's Breach of Fiduciary Duty
On October 22, 2018, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
November 25, 2018 Court Erred in Vacating Order Discontinuing Action
On November 21, 2018, the Second Department issued an opinion in IndyMac Bank, FSB v. Izzo, 2018 NY … Read More
November 24, 2018 Plaintiff Without Interest in Land Cannot File Lis Pendens
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in M… Read More
November 23, 2018 Parties That Signed Agreement on Behalf of Non-Existent Entities Personally Bound By Contract
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in O… Read More
November 22, 2018 Contractor Working for Tenant Allowed to Place a Lien on Landlord's Property
On November 20, 2018, the Court of Appeals issued a decision in Ferrara v. Peaches Cafe LLC, 2018 NY… Read More
November 21, 2018 Plaintiff Should Have Been Granted Yellowstone Injunction
On November 20, 2018, the First Department issued a decision in 106 Spring St. Owner LLC v. Workspac… Read More
November 20, 2018 Court Finds Pooling and Servicing Agreement to be Ambiguous, Orders Discovery
On November 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 19, 2018 Allegations of Duress Insufficient to Overcome Voluntary Payment Doctrine
On November 15, 2018, the First Department issued a decision in Beltway 7 & Props., Ltd. v. Blackroc… Read More
November 18, 2018 General Release Bars Claim Relating to Settled Claims
On November 7, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 17, 2018 Valuation Prepared as Part of Joint Venture's Break Up Not Privileged
On November 9, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 16, 2018 City Department of Finance Not Entitled to Two Percent Payment Fee On Abandoned Funds Transferred to Comptroller
On October 25, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
November 15, 2018 Award of Lost Profits Upheld
On November 9, 2018, the Fourth Department issued a decision in Henderson Harbor Mariners' Mar., In… Read More
November 14, 2018 Because Court Allowed Plaintiff to Amend Complaint, Court Erred in Deciding Summary Judgment Motion Before Defendant Answered Amended Complaint
On November 7, 2018, the Second Department issued a decision in R&G Brenner Income Tax Consulta… Read More
November 13, 2018 Fraud Claim Dismissed Because of Sophisticated Investor's Lack of Due Diligence
On October 29, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 12, 2018 Dismissal With Prejudice of Federal Securities Law Claims Does Not Bar Common Law Fraud Claims
On October 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 11, 2018 Plaintiff Asserting Derivative Claims Must be Represented by Counsel
On November 1, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 10, 2018 Minority Shareholders Must Give Other Shareholders an Opportunity to Buy Their Shares
On October 24, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
November 9, 2018 Corporate Officer May Be Held Liable for Corporation's Conversion
On October 31, 2018, the Second Department issued a decision in Starr Indem. & Liab. Co. v. Glo… Read More
November 8, 2018 Waiver of Right to Proceed Against Debtor Did Not Waive Right to Enforce Guaranty
On October 31, 2018, the Second Department issued a decision in Pitsy, LLC v. Rindenow, 2018 NY Sli… Read More
November 7, 2018 Legal Malpractice Claim Properly Dismissed as Time-Barred
On October 30, 2018, the First Department issued a decision in Brean Murray, Carret & Co. v. Mor… Read More
November 6, 2018 Action Dismissed Because GBL 130 Violation Was Not Curable
On October 30, 2018, the First Department issued a decision in Robert v. Ringerjeans, LLC, 2018 NY… Read More
November 5, 2018 Court Enforces No Damages for Delay Clause in Construction Contract
On October 22, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 4, 2018 Party Sanctioned for Excessive Attorneys' Eyes Only Designations
On October 18, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 3, 2018 Court Appoints Receiver Over Judgment Debtor's Property
On October 15, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 1, 2018 Proceeding to Compel Arbitration Cannot be Initiated Until Opponent Begins Litigation
On October 16, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
October 31, 2018 Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims
On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 3256… Read More
October 30, 2018 Court Allows Defendant to File an Answer 600 Days Late
On October 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 29, 2018 Complaint Withstands Motion to Dismiss Based on In Pari Delicto/Illegality Defense
On October 22, 2018, Justice Fisher of the Kings County Supreme Court issued a decision in Juan Carl… Read More
October 28, 2018 Compliance with No-Action Clauses Excused in Suit Against RMBS Trustee
On October 18, 2018, the First Department issued a decision in Blackrock Balanced Capital Portfolio … Read More
October 27, 2018 Plaintiff Denied Summary Judgment on Note Because of Question of Fact Regarding Whether Note Was Part of an Illegal Fee-Splitting Agreement
On October 17, 2018, the Second Department issued a decision in Linchitz Practice Mgt., Inc. v. Daa… Read More
October 26, 2018 First Department Affirms Conditional Order Striking Complaint
On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Ei… Read More
October 26, 2018 Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law
On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in N… Read More
October 25, 2018 Recognition of Alleged Loans on Partnership Books Raises Issues of Fact Regarding Statute of Limitations Precluding Dismissal
On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 24, 2018 Allegations of Conspiracy to Breach Contract Do Not Bar Tortious Interference Claim
On October 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
October 23, 2018 Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester … Read More
October 22, 2018 Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
October 22, 2018 Saying "So Sue Me" Did Not Trigger Duty to Preserve Evidence
On September 28, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 21, 2018 Claim for Commission on Real Estate Purchase Dismissed: Plaintiff Did Not Establish That He Was the Procuring Cause of the Transaction
On October 2, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
October 20, 2018 Allegation that Defendant Rendered New York Business Insolvent Through Fraudulent Transfer Sufficient to Establish Personal Jurisdiction
On October 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 19, 2018 New York Law Applied to Question of Whether Tort Claims Passed to Belgian Assignee
On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanl… Read More
October 18, 2018 Tortious Interference Claim Cannot Relate to a Contract that is Terminable at Will
On October 5, 2018, the Fourth Department issued a decision in American Recycling & Mfg. Co., In… Read More
October 17, 2018 Levy Can Be Extended if Motion to Extend is Made Before its Original Expiration Date
On September 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 16, 2018 Arbitration Provision in Later-Signed U-4 Form Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement
On October 2, 2018, the First Department issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (U… Read More
October 15, 2018 When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return
On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie,… Read More
October 14, 2018 Contractual Right to Take Actions Cannot Shield Fiduciary From Breach of Fiduciary Duty Claim if Fiduciary Acted in Bad Faith
On September 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 13, 2018 Fact Questions Regarding Whether Contract Breach Was So Material As to Justify Rescission Preclude Summary Judgment
On September 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
October 12, 2018 Court Rejects Claims for Common Law Indemnification and Contribution
On September 25, 2018, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 11, 2018 Intention Not to Perform Contract Cannot Be Basis of Fraudulent Inducement Claim
On September 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 10, 2018 Shareholder Has Standing to Sue Corporation's Counsel for Malpractice
On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 9, 2018 Levy Does Not Expire After 90 Days if a Special Proceeding is Commenced Before the 90 Days Has Run
On September 21, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 8, 2018 No Appeal From Default Judgment; Appellant Should Have Moved to Vacate and Appealed The Denial
On September 28, 2018, the Fourth Department issued a decision in Montanaro v. Weichert, 2018 NY Sl… Read More
October 7, 2018 Upcoming Arguments in the Court of Appeals in October 2018
Upcoming argument in the Court of Appeals in October 2018 that may be of interest to commercial liti… Read More
October 6, 2018 Transcripts and Videos of Arguments in the Court of Appeals for September 2018 Now Available
On August 25, 2018, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
October 5, 2018 Court Denies Motion to Change Venue
On September 18, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 4, 2018 Defendant May Not Move to Dismiss Claims Against Other Defendants
On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 2, 2018 Partnership Not Terminable at Will if Partnership Agreement Provides Otherwise
On September 25, 2018, the First Department issued a decision in Wiener v. Weissman, 2018 NY Slip Op… Read More
October 1, 2018 Breach of Contract Claim Properly Dismissed for Lack of Evidence of Damages
On September 27, 2018, the First Department issued a decision in FranPearl Equities Corp. v. 24 W. 2… Read More
September 30, 2018 Where There is a Fiduciary Relationship, the Beneficiary Has a Right to an Accounting
On September 26, 2018, the Second Department issued a decision in Webster v. Forest Hills Care Ctr.,… Read More
September 29, 2018 Court Erred in Vacating Arbitral Award; High Standard for Manifest Disregard of the Law Not Met
On September 27, 2018, the First Department issued a decision in Matter of Daesang Corp. v. NutraSwe… Read More
September 27, 2018 Court Grants Plaintiff Judgment on Contract Claim Despite Lack of Damages
On August 21, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in C… Read More
September 26, 2018 Parties Should Have Been Allowed to Intervene on Eve of Summary Judgment Motions
On September 19, 2018, the Second Department issued a decision in Roman Catholic Diocese of Brookly… Read More
September 25, 2018 Time is of the Essence Letter Found Ineffective
On September 19, 2018, the Second Department issued a decision in Rodrigues NBA, LLC v. Allied XV,… Read More
September 24, 2018 Officer Not Liable For Contract Signed on Behalf of Company
On September 13, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 23, 2018 Former LLC Manager's Claims Regarding His Removal Must be Arbitrated
On September 17, 2018, Justice Schecter of the New York County Commercial Division issued a decision… Read More
September 22, 2018 Court Dismisses Claim for Equitable Accounting
On September 5, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 21, 2018 Claims Barred by Release
On September 12, 2018, the Second Department issued a decision in Miller v. Brunner, 2018 NY Slip … Read More
September 20, 2018 Court Declines to Dismiss Double-Derivative Action
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 19, 2018 Court Grants Adverse Inference on Summary Judgment for Assertion of Fifth Amendment Rights
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 18, 2018 No New York Personal Jurisdiction Over Student Loan Trust Trustee That Engaged New York Counsel
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 17, 2018 Shareholder Need Not Hold Share Certificates to Have Right to Assert Derivative Claims
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 16, 2018 Motion for Reargument Denied for Failure to Attach Prior Order and Papers
On August 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 15, 2018 Common Interest Privilege Covers Later Exchange of Privileged Documents Created Before the Privilege Existed
On August 30, 2018, Justice Schecter of the New York County Commercial Division issued a decision on… Read More
September 14, 2018 Plaintiff Allowed to Amend Complaint in Anticipation of Trial
On August 31, 2018, Justice Schecter of the New York Country Commercial Division issued a decision o… Read More
September 13, 2018 Failure to Pay Wages Cannot Be Basis of Labor Law Sec. 193 Claim for Improper Withholding of Wages
On August 22, 2018, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
September 12, 2018 Unjust Enrichment Claim Survives Dismissal Because of Questions of Fact Regarding Whether Contract Covers Claims
On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 11, 2018 Justices Masley, Sherwood and Paris Update Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
September 10, 2018 Court Threatens Contemnor With Arrest if He Does Not Purge the Contempt
On August 14, 2018, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
September 9, 2018 Court Refuses to Dismiss Common Law Dissolution Action Even Though Shareholder Lacked Standing to Bring Statutory Dissolution Action
On August 15, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 8, 2018 BCL §1312 Does Not Bar Action By Foreign Corporation That Did Not Do Business in New York
On August 14, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Radian… Read More
September 7, 2018 Court Dismisses Action to Dissolve LLC in Light of High Burden for LLC Dissolution Actions
On August 15, 2018, Justice Scarpulla issued a decision in Yu v. Guard Hill Estates, LLC, 2018 NY Sl… Read More
September 6, 2018 Action for Specific Performance of Real Estate Sales Contract Dismissed; Purchaser Was Not Ready, Willing and Able to Purchase on Closing Date
On August 22, 2018, the Second Department issued a decision in 130 Third St. Loft, LLC v. HKF, Inc.,… Read More
September 5, 2018 Dismissal for Failure to Prosecute Vacated for Failure to Give Required Notice
On August 22, 2018, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Bast… Read More
September 4, 2018 Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller… Read More
September 3, 2018 Proposed Amendment Fails to Allege a Joint Venture
On August 16, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 2, 2018 Negligent Supervision Claim Dismissed For Lack of Allegations of Prior Knowledge
On August 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 1, 2018 Common Law Dissolution Denied; No Evidence of Misconduct or Oppression
On August 22, 2018, the Fourth Department issued a decision in Feldmeier v. Feldmeier Equip., Inc., … Read More
August 31, 2018 Fraud Claim Dismissed for Lack of Reasonable Reliance
On August 15, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 30, 2018 Allegations of Account Stated Insufficient to Support Summary Judgment in Lieu of Complaint
On August 20, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 29, 2018 Court Declines to Dismiss Action Brought By Summons With Notice On Ground That it Was Insufficiently Detailed
On August 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2018 Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff's Exclusive Possession
On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Hor… Read More
August 27, 2018 Letter Agreement Binding Even Though it Envisioned a Further, More Formal Agreement
On August 10, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Vi… Read More
August 26, 2018 Town's Promissory Estoppel Claim Against LIPA Fails
On August 16, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in T… Read More
August 25, 2018 Upcoming Arguments in the Court of Appeals in September 2018
Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial l… Read More
August 24, 2018 Court Refuses to Vacate Arbitral Award Despite Respondent's Claim That She Did Not Receive Notice of Arbitration
On August 13, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
August 23, 2018 Judiciary Law Sec. 487 Claim Dismissed for Failure to Allege Intent to Deceive
On August 15, 2018, the Second Department issued a decision in Bill Birds, Inc. v. Stein Law Firm, P… Read More
August 22, 2018 Duress Defense Put Party's Communications With Counsel at Issue, Waiving Privilege
On August 5, 2018, Justice Nowak of the Erie County Commercial Division issued a decision in Jones v… Read More
August 21, 2018 Injunction Denied for Lack of Irreparable Harm; Money Damages Sufficient
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 20, 2018 Claims Barred by Contract's One-Year Limitations Period to Make Claims
On August 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 19, 2018 Court Orders Selective Redaction Rather Than Sealing
On August 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
August 18, 2018 Plaintiff Had Standing to Bring Proceeding to Dissolve LLC
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 17, 2018 Court Upholds Breach of Duty of Care Claim Against Trustee
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 16, 2018 Court Sanctions Litigant for Frivolous Litigation, Including Awarding Attorneys' Fees for Defending Frivolous Claims
On August 1, 2018, Justice Ramos of the New York County Commercial Division issued a decision in Cit… Read More
August 15, 2018 Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute
On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 14, 2018 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
August 13, 2018 Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding
On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 12, 2018 Fraud Claim Dismissed as Duplicative of Contract Claim: No Separate Damages Alleged
On August 6, 2018, Justice Masley of the New York County Commercial Division issued a decision in TJ… Read More
August 11, 2018 Court Reviews Law Governing Contract Interpretation on Summary Judgment
On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
August 10, 2018 Common Interest Privilege Barred Disclosure of Documents
On August 9, 2018, the First Department issued a decision in 21st Century Diamond, LLC v. Allfield T… Read More
August 9, 2018 Alleged Incompetent Project Management Does Not Excuse Enforcement of No Damages for Delay Clause
On August 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 8, 2018 Court Rejects Impossibility Defense Based on Change in Taxi Medallion Market
On July 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
August 7, 2018 Court Dismisses Third-Party Claim Seeking a Declaratory Judgment
On July 30, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 6, 2018 Party Waives Work Product Protection By Voluntarily Producing Documents to SEC
On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ant… Read More
August 5, 2018 Right to Appeal Decision on Summary Judgment Motion Terminated by Entry of Final Judgment
On August 1, 2018, the Second Department issued a decision in Emigrant Bank v. Wang Real Property, L… Read More
August 4, 2018 Appellate Division Refuses to Consider Legal Question Raised for the First Time on Appeal
On August 1, 2018, the Second Department issued a decision in Colonial Sur. Co. v. Advanced Conserva… Read More
August 3, 2018 Motion to Amend Brought at Close of Discovery Untimely
On July 24, 2018, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
August 2, 2018 Fraud Claim Held Untimely Even Under Two-Year Discovery Rule
On July 23, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Esse… Read More
August 1, 2018 Accounting Denied For Lack of Fiduciary or Confidential Relationship
On July 25, 2018, the Second Department issued a decision in Lake Overlook Partners, LLC v. Sosa, 20… Read More
July 31, 2018 Court Erred in Granting Summary Judgment on Dismissing Plaintiff's Claims Where Defendant Only Moved for Judgment on its Counterclaims
On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. … Read More
July 30, 2018 Dissolution Under BCL 1104 Unavailable to Owner of 49 Percent of Voting Stock
On July 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 29, 2018 Court Refuses to Order Deposition of Trial Counsel
On July 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 28, 2018 Defense Waived Because Not Asserted in Answer
On July 16, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
July 27, 2018 Provision Requiring Exercise of Reasonable Discretion Precludes Acting Arbitrarily, Irrationally, or Without Reasonable Basis
On July 18, 2018, the Second Department issued a decision in Grandfeld II, LLC v. Kohl's Department … Read More
July 26, 2018 No Waiver Clause Precludes Claim of Waiver Based on Prior Course of Conduct
On July 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
July 25, 2018 Questions of Fact Regarding Reasonableness of Calculations Under ISDA Master Agreement Preclude Summary Judgment
On July 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Le… Read More
July 24, 2018 Breach of Fiduciary Duty Claim Dismissed on Summary Judgment for Lack of Damages
On July 10, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
July 23, 2018 New Joint Appellate Division Practice Rules Change Time to Perfect Appeal in First Department From Nine Months to Six
The new Appellate Division Practice Rules (22 NYCRR Part 1250), which come into effect on September … Read More
July 22, 2018 Party's Death Stays Action and Orders Issued When Stay Should Have Been in Effect Are Void
On June 28, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Vizzini v… Read More
July 21, 2018 Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds
On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in A… Read More
July 20, 2018 Claim Based on Alter Ego Theory Survives Motion to Dismiss
On July 2, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
July 19, 2018 Plaintiff Sanctioned For Attempting to Relitigate Previously Decided Claims in New York Against Defendants Over Which Court Had No Jurisdiction
On July 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in K… Read More
July 18, 2018 Court Refuses to Enforce Attorney Fee-Sharing Agreement
On July 5, 2018, the Second Department issued a decision in Ballan v. Sirota, 2018 NY Slip Op. 05014… Read More
July 17, 2018 Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close
On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterpri… Read More
July 16, 2018 No Personal Jurisdiction Over Defendant Because Original Critical Events Did Not Take Place in New York
On July 3, 2018, the First Department issued a decision in Deutsche Bank AG v. Vik, 2018 NY Slip Op.… Read More
July 15, 2018 Integration Clause Bars Contract Claim Based on Alleged Oral Modification of Mortgage Documents
On June 26, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 14, 2018 Court Finds Claims Timely Under Fiduciary Tolling Doctrine
On June 27, 2018, Justice Schecter of the New York County Commercial Division issued a decision in M… Read More
July 13, 2018 Allocution of Settlement Terms on the Record Not Binding Settlement Agreement Because it Contemplated Agreement on Other Terms and Was Subject to Documentation
On July 5, 2018, the First Department issued a decision in Weksler v. Weksler, 2018 NY Slip Op. 0497… Read More
July 12, 2018 Derivative Claims Fail for Failure Adequately to Plead Demand Futility
On July 5, 2018, the First Department issued a decision in Epstein v. Ruane, Cunniff & Goldfarb Inc.… Read More
July 11, 2018 Justices Scarpulla and Jamieson Update Part Rules
Justice Saliann Scarpulla of the New York County Commercial Division recently updated her individual… Read More
July 11, 2018 Tortious Interference Claim Upheld; Defendant Did Not Establish Economic Interest Defense as a Matter of Law
On July 5, 2018, the First Department issued a decision in Normandy Real Estate Partners LLC v. 24 E… Read More
July 10, 2018 Employees Who did not Sign Agreement in Their Individual Capacities Nevertheless Entitled to Enforce Arbitration Provision
On July 3, 2018, the First Department issued a decision in Huntsman International LLC v. Albemarle C… Read More
July 9, 2018 State Qui Tam Action Dismissed Because Allegations Were Based on Public Information
On June 28, 2018, the First Department issued a decision in State of New York ex rel. Rasmusen v. Ci… Read More
July 8, 2018 Fraud Claim Does Not Invalidate Arbitration Provision Unless Fraud Relates to That Provision
On June 27, 2018, the Second Department issued a decision in Zafar v. Fast Track Leasing, LLC, 2018 … Read More
July 7, 2018 Crime-Fraud Exception Does Not Apply to Challenged Privilege Claims
On June 21, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ken… Read More
July 6, 2018 Mandatory Injunction Properly Denied Because There Were No Extraordinary Circumstances
On June 28, 2018, the First Department issued a decision in Spectrum Stamford, LLC v. 400 Atlantic T… Read More
July 5, 2018 Court Examines Rules Relating to Impleader in Complex Cases
On May 14, 2018, Justice Marcy Friedman of the New York County Commercial Division issued a Decision… Read More
July 4, 2018 Insurance Law 3105 Does Not Relieve RMBS Insurer of Obligation to Plead All Elements of Common Law Fraud Claim
On June 27, 2018, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Hom… Read More
July 3, 2018 Receiver May Be Liable For Distributing Funds In Violation Of Order; Lack Of Knowledge Immaterial Because Order Was E-Filed
On May 24, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in K… Read More
July 2, 2018 Court Should Have Transferred Case; Plaintiff Failed to Show That Chosen Venue Was Proper
On June 27, 2018, the Second Department issued a decision in Patiwana v. Shah, 2018 NY Slip Op. 0474… Read More
July 1, 2018 Court Rejects Unsigned Agreement Offered as Documentary Evidence Under 3211(a)(1)
On June 18, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in T… Read More
June 30, 2018 Court Upholds Common Interest Privilege Claim Relating to Documents That Did Not Relate Solely to Contemplation or Prosecution of Litigation
On June 21, 2018, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.P. … Read More
June 29, 2018 FTC Rule Does Not Preempt General Business Law Claims Against Broadband Providers
On June 21, 2018, the First Department issued a decision in People v. Charter Communications, Inc., … Read More
June 28, 2018 Breach of Fiduciary Claim Reinstated; it Was Not Duplicative of Contract Claim Because it Sought Separate and Distinct Relief
On June 20, 2018, the Second Department issued a decision in Slocum Realty Corp. v. Schlesinger, 201… Read More
June 27, 2018 Unjust Enrichment Claim Fails For Lack of Relationship Between Plaintiff and Defendant
On June 20, 2018, the Second Department issued a decision in Crescimanni v. Trovato, 2018 NY Slip Op… Read More
June 26, 2018 First Department Sanctions Appellant $10,000 for Making Frivolous Argument
On June 21, 2018, the First Department issued a decision in Matter of Del Monaco v. Diamond, 2018 NY… Read More
June 25, 2018 Insolvent Party's Transfer of Property to Insider Not Improper Where Insider is Secured Creditor
On June 19, 2018, Justice Schecter of the New York County Commercial Division issued a decision in E… Read More
June 24, 2018 Court Refuses to Dissolve LLC, Holding That Members' Disputes Were Insufficient to Justify Dissolution
On June 11, 2018, Justice Dufficy of the Queens County Commercial Division issued a decision in Matt… Read More
June 23, 2018 Answer Stricken as Sanction for Spoliation of Evidence
On June 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kamc… Read More
June 22, 2018 Statute of Frauds Exception for Contract to Pay Lawyer for Negotiating Sale of Business Does Not Require Attorney-Client Relationship
On June 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in W… Read More
June 21, 2018 Fraud Claim Dismissed as Duplicative of Contract Claim
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Bo… Read More
June 20, 2018 Borrowing Statute Applies When Contract Provides That it Will be Enforced According to New York Law
On June 12, 2018, the Court of Appeals issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Cor… Read More
June 19, 2018 Veil Piercing Claims Should Have Been Dismissed
On June 12, 2018, the First Department issued a decision in Shawmut Woodworking & Supply, Inc. v. AS… Read More
June 18, 2018 Inducing a Client to Switch Lawyers Cannot be Basis of Tortious Interference Claim
On June 6, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Go… Read More
June 17, 2018 Transcripts and Videos of Arguments in the Court of Appeals for June 2018 Now Available
On May 19, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in … Read More
June 16, 2018 Court Dismisses Claim, Enforcing No Damages for Delay Clause
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Sc… Read More
June 15, 2018 Martin Act Claims are Subject to Three-Year Statute of Limitations
On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, … Read More
June 14, 2018 Denial of Lease Renewal Option not an Unjust Forfeiture
On June 7, 2018, the First Department issued a decision in Robert B. Jetter, M.D., PLLC v. 737 Park … Read More
June 13, 2018 Plaintiff Not Prejudiced by Amendment to Answer
On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Le… Read More
June 12, 2018 Whether Trade Confirmation is Enforceable Agreement is Question of Fact
On June 7, 2018, the First Department issued a decision in Seaport Global Securities LLC v SB Group … Read More
June 11, 2018 City Damaged By Breach of Contract Even Though Mitigation Costs Paid by Federal Government
On June 7, 2018, the First Department issued a decision in City of New York v. Eastern Shipbuilding … Read More
June 10, 2018 Justice Schecter Posts Part Rules
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently pos… Read More
June 9, 2018 Civil Conspiracy Claim Survives When it is Tied to an Alleged Tort
On May 30, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Pa… Read More
June 7, 2018 Court Rejects 3211(a)(7) Motion That Relied on Documentary Evidence
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Te… Read More
June 6, 2018 Court Excuses Failure to Perform Condition Precedent to Bringing Suit
On June 5, 2018, the First Department issued a decision in Danco Electrical Contractors, Inc. v. Dor… Read More
June 5, 2018 Party Cannot Enforce Estoppel Certificates it Accepted Knowing that the Representations Were Not True
On June 5, 2018, the First Department issued a decision in Aerotek, Inc. v. 757 3rd Ave. Associates,… Read More
June 4, 2018 Insurance Broker Liable for Failure to Obtain Coverage
On May 17, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in 1015 70… Read More
June 3, 2018 Plaintiff Survives Summary Judgment on Quantum Meruit Claims Relating to Chinese Arena Football
On May 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Y… Read More
June 2, 2018 Plaintiff Cannot Avoid Arbitration Absent Allegations of Fraud Relating Specifically to Inclusion of Arbitration Clause
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Cu… Read More
June 1, 2018 Rejecting Official Exchange Rate, Court Finds That There is a Question of Fact Regarding Proper Exchange Rate Between Venezuelan Bolivars and US Dollars
On May 29, 2018, Justice Crane of the New York County Supreme Court issued a decision in Diaz v. Gal… Read More
May 31, 2018 Court Rejects Bid to Submit Expert Report a Year Late
On May 18, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in N… Read More
May 30, 2018 Communications With Press Agents Not Privileged
On May 29, 2018, the First Department issued a decision in Gottwald v. Sebert, 2018 NY Slip Op. 0381… Read More
May 28, 2018 Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference
On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip… Read More
May 27, 2018 Misstatements in Court Documents That Were Not Material and a Single Act of Deceit Insufficient Basis for Malicious Prosecution Claim
On May 22, 2018, the First Department issued a decision in Shawe v. Elting, 2018 NY Slip Op. 03644, … Read More
May 26, 2018 Justices Hudson and Garugilo Update Part Rules
Justice James Hudson of the Suffolk County Commercial Division recently updated his part rules. Just… Read More
May 25, 2018 Breach of Contract Action Barred by Contract's Mandatory Mediation Provision
On May 24, 2018, the First Department issued a decision in Korangy v. Malone, 2018 NY Slip Op. 03767… Read More
May 24, 2018 Order Vacating Default Judgment Reversed and Remanded for Traverse Hearing on Service
On May 17, 2018, the First Department issued a decision in Noah Bank v. Hudson Produce, Inc., 2018 N… Read More
May 23, 2018 Summary Judgment Inappropriate Where Conflicting Inferences Can be Drawn from Evidence and Issues of Credibility Exist
On May 16, 2018, the Second Department issued a decision in UB Distributors, LLC v. S.K.I. Wholesale… Read More
May 22, 2018 Court Erred in Considering Extrinsic Evidence in Interpreting an Unambiguous Agreement
On May 16, 2018, the Second Department issued a decision in World Ambulette Transportation, Inc. v. … Read More
May 21, 2018 Court Of Appeals Rejects “Avoided Costs” As Proper Measure Of Damages For Misappropriation Of Trade Secrets
On May 3, 2018, the Court of Appeals issued an opinion, E.J. Brooks Co. v Cambridge Sec. Seals, 2018… Read More
May 20, 2018 Derivative Action Dismissed for Failure to Plead Demand or Demand Futility
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Gla… Read More
May 19, 2018 Upcoming Arguments in the Court of Appeals in June 2018
Upcoming argument in the Court of Appeals in June 2018 that may be of interest to commercial litigat… Read More
May 18, 2018 Unjust Enrichment Claim Dismissed Because Contracts Governed Claims
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Pre… Read More
May 17, 2018 Justice Walsh Posts Part Rules
Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently pos… Read More
May 16, 2018 Transcripts and Videos of Arguments in the Court of Appeals for April/May 2018 Now Available
On April 29, 2018, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
May 15, 2018 Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
May 14, 2018 Justice Kornreich to Retire; Justice Schecter to Take Over Her Part
The Commercial Division has announced that: After many years of judicial service, the Honorable Shir… Read More
May 13, 2018 Court Dismisses Claim Based on Theory That Defendant Was a Third-Party Beneficiary of Contract
On May 7, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Lab… Read More
May 12, 2018 IAS Court Did Not Err in Striking Defendants' Pleadings as a Discovery Sanction
On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 034… Read More
May 11, 2018 Amendment to Name Defendant Did Not Relate Back to Date of Original Complaint
On May 3, 2018, the First Department issued a decision in Markov v. Stack's LLC (Delaware), 2018 NY … Read More
May 10, 2018 Claim Dismissed for Being "Conclusory and Lacking in Factual Specificity"
On May 3, 2018, the First Department issued a decision in Publications International, Ltd. v. Phoeni… Read More
May 9, 2018 New York Does Not Recognize "Holder Claims"
On April 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 8, 2018 Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants
On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring … Read More
May 7, 2018 Failure to Use Contract's Pre-Suit Dispute Resolution Process Dooms Claim
On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Syst… Read More
May 6, 2018 Transcripts and Videos of Arguments in the Court of Appeals for April 2018 Now Available
On April 7, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in… Read More
May 5, 2018 Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators
On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Foo… Read More
May 4, 2018 CLE Program: The "How To" of Successful Motion Practice: Practical Advice & Tips
On May 23, 2018, Schlam Stone & Dolan partner John Lundin will chair a CLE program at the New Yo… Read More
May 3, 2018 Specific Performance on Real Estate Contract Inappropriate Where No Evidence of Plaintiff's Ability to Close
On April 18, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Silversh… Read More
May 3, 2018 Justice Risi Posts Part Rules
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his … Read More
May 2, 2018 Whether Signature on Agreement Containing Arbitration Clause Was Forged is for Court to Determine
April 25, 2018, the Second Department issued a decision in Alam v. Uddin, 2018 NY Slip Op. 02763, ho… Read More
May 1, 2018 First Department Reaffirms Doctrine of Personal Jurisdiction Based on Acts of Co-Conspirators
On April 26, 2018, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v… Read More
April 30, 2018 Arbitral Award Vacated Based on Failure to Disclose that Arbitrator Was Party's Fact Witness and Was Under Indictment
On April 26, 2018, the First Department issued a decision in Policy Administration Solutions, Inc. v… Read More
April 29, 2018 Upcoming Arguments in the Court of Appeals in April/May 2018
Upcoming argument in the Court of Appeals in April/May 2018 that may be of interest to commercial li… Read More
April 28, 2018 Filing Interpleader Action Rather Than Choosing Which Claimant Was Entitled to Funds Not a Breach of Contract
On April 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 27, 2018 Choice of New York Law Provision Does Not Make Compliance With New York Statutory Law a Contractual Requirement
On April 26, 2018, the Court of Appeals issued a decision in Skanska USA Bldg. Inc. v. Atlantic Yard… Read More
April 26, 2018 Parties Waived Contract's Choice of Law Provision By Arguing New York Law Rather than Chosen Law
On April 13, 2018, Justice Masley of the New York County Commercial Division issued a decision in Du… Read More
April 25, 2018 Whether Metes and Bounds Description, Street Address or Tax Lot Numbers Determines What Property is Encumbered by Mortgage is a Question of Fact
On April 18, 2018, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Zhan Hua … Read More
April 24, 2018 Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit
On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, … Read More
April 23, 2018 Written Acknowledgment of Debt by Agent of Party Can Extend Statute of Limitations
On April 17, 2018, the First Department issued a decision in Nelux Holdings Intl., N.V. v. Dweck, 20… Read More
April 22, 2018 Fraudulent Inducement Claim Dismissed on Summary Judgment for Lack of Reasonable Reliance
On April 9, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 21, 2018 Conversion Claim Cannot be Based on Deleting E-Mail Absent Evidence That No Copies Remained
On April 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 20, 2018 Law Office Error Excused; Motion to Compel Plaintiff to Accept Answer Granted
On April 12, 2018, the First Department issued a decision in Naber Electric v. Triton Structural Con… Read More
April 19, 2018 Fraudulent Inducement Claim Against Lawyer Upheld; Client Was Reasonable in Relying on Counsel Rather Than Reading Agreement Closely
On April 10, 2018, the First Department issued a decision in Suttongate Holdings Ltd. v. Laconm Mana… Read More
April 18, 2018 Fraudulent Conveyance Claim Dismissed For Failure to Plead with Particularity
On April 10, 2018, the First Department issued a decision in Carlyle, LLC v. Quik Park 1633 Garage L… Read More
April 17, 2018 Continuous Representation Doctrine Applies Only to Representations Specifically Related to the Malpractice Claim
On April 12, 2018, the First Department issued a decision in Davis v. Cohen & Gresser, LLP, 2018 NY … Read More
April 16, 2018 Sexual Harassment of Employees is Not a Breach of an Executive's Fiduciary Duties to His Employer
On April 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 15, 2018 Counterclaims for Mutual Mistake and Unilateral Mistake Survive Summary Judgment
On April 3, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 14, 2018 Theft of Trade Secrets Claim Dismissed for Failure to Allege Wrongful Means
On April 3, 2018, the First Department issued a decision in BGC Partners, Inc. v. Avison Young (Cana… Read More
April 13, 2018 New York Not Inconvenient Forum Despite Dispute Having Much Stronger Connection to China
On April 5, 2018, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L… Read More
April 12, 2018 "Notwithstanding" Clause Trumps Potentially Contradictory Contract Provision
On April 5, 2018, the First Department issued a decision in Veneto Hotel & Casino, S.A. v. German Am… Read More
April 11, 2018 Oral Fee-Sharing Agreement With At-Will Employee Not Barred by Statute of Frauds
On April 5, 2018, the First Department issued a decision in Goldfarb v. Romano, 2018 NY Slip Op. 024… Read More
April 10, 2018 Court Cannot Consider Affirmative Defenses in Deciding Judgment by Default for Non-Appearance
On April 4, 2018, the Second Department issued a decision in Power Up Lending Group, Ltd. v. Cardina… Read More
April 9, 2018 Transcripts and Videos of Arguments in the Court of Appeals for March 2018 Now Available
On February 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
April 9, 2018 Claim for Common Law Indemnification Must Be Based on an Agent's Negligence, Not Breach of Contract
On March 29, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 8, 2018 Subcontractor's Breach of Liquidating Agreement Claim Against General Contractor Upheld
On March 28, 2018, the Second Department issued a decision in Rad & D'Aprile, Inc. v. Arnell Constru… Read More
April 7, 2018 Upcoming Arguments in the Court of Appeals in April/May
Upcoming argument in the Court of Appeals in April 2018 that may be of interest to commercial litiga… Read More
April 6, 2018 Guest Post: Data Show Cases in the Commercial Division Are Taking Longer to Resolve
This is the second in a series of posts presenting a quantitative description of the Commercial Divi… Read More
April 5, 2018 Defendant Waived Personal Jurisdiction Defense by Not Moving to Dismiss Within 60 Days of Answer
On March 28, 2018, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Cajas, 2018 … Read More
April 4, 2018 Close Friendship Insufficient to Create Fiduciary Relationship
On March 29, 2018, the First Department issued a decision in Benzies v. Take-Two Interactive Softwar… Read More
April 3, 2018 Computer-Generated Avatar May Constitute a "Portrait" Within the Meaning of Civil Rights Law Article 5
On March 29, 2018, the Court of Appeals issued a decision in Lohan v. Take-Two Interactive Software,… Read More
April 2, 2018 Contract Claim Based on Exchange of E-Mails Should Be Allowed to Go Forward
On March 29, 2018, the Court of Appeals issued a decision in Kolchins v. Evolution Markets, Inc., 20… Read More
April 1, 2018 Court Lacks Jurisdiction to Decide Motions Filed After Action Voluntarily Discontinued
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Nemir… Read More
March 31, 2018 Court Vacates Stipulation of Discontinuance Without Prejudice and Reinstates Claim Against Former Defendant
On March 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 30, 2018 Plaintiff Prevails on Money Had and Received Claim; Statutory Presumption of Joint Account Ownership Did Not Apply
On March 23, 2018, the Fourth Department issued a decision in Sweetman v. Suhr, 2018 NY Slip Op. 021… Read More
March 29, 2018 Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewa… Read More
March 28, 2018 Minority Discount Properly Applied When Valuing Minority Holder's Share of Ongoing Partnership
On March 27, 2018, the Court of Appeals issued a decision in Congel v Malfitano, 2018 NY Slip Op. 02… Read More
March 27, 2018 Motion to Amend Denied Because of Undue Delay
On March 9, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 26, 2018 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
March 25, 2018 Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because Condition Precedent For Suing on Note Not Met
On March 16, 2018, the Fourth Department issued a decision in Hogan v. Iskalo Off. Holdings III LLC,… Read More
March 24, 2018 If Mortgage Commitment Letter is Revoked, Question of Whether Mortgage Contingency Applies Depends on Reasons for Revocation
On March 16, 2018, the Fourth Department issued a decision in Md3 Holdings, LLC v. Buerkle, 2018 NY … Read More
March 23, 2018 Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant's Tenancy
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 20… Read More
March 22, 2018 Estate of Deceased LLC Member Lacked Standing to Bring Derivative Claims
On February 22, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 21, 2018 One In-Person Meeting in New York and E-mail and Phone Communications Sufficient Basis for Personal Jurisdiction
On February 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 20, 2018 Counsel Disqualified Because of Representation in Prior Related Action
On March 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Dollinger… Read More
March 19, 2018 Salesperson Supervised by a Broker Can Make Claim for Commission Based on Oral Contract
On February 20, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 18, 2018 Specific Forum Selection Clause in Broker's Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4
On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 16, 2018 First Department Declines to Bar Appeal Under the Fugitive Disentitlement Doctrine
On March 8, 2018, the First Department issued a decision in Gem Holdco, LLC v. Changing World Tech.,… Read More
March 15, 2018 Defendant Liable for Converting Money Belonging to Plaintiffs Even Though the Possession Was Only Temporary
On March 6, 2018, the First Department issued a decision in 135 Bowery LLC v. Beach Channel Shoppers… Read More
March 14, 2018 Internet Providers' Claims of Access Speed "Up To" A Certain Number Can Be Subject of Fraud Claim if They Cannot Achieve That Speed
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 13, 2018 Fair Report Privilege Bars Defamation Claim Against Law Firm
On February 16, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
March 12, 2018 Purchase Agreement is Documentary Evidence Despite Being Redacted
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 11, 2018 Commercial Negligence Claims Dismissed Because Defendant Had No Duty to Plaintiff
On February 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 10, 2018 Court Denies Stay Despite Necessary Party Being Bankrupt
On February 6, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
March 9, 2018 Alleged Oral Contract Not Void for Lack of Consideration
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
March 8, 2018 Proposed Amended Complaint Fails to Meet High Burden for Interference with Business Relations Claim
On February 8, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
March 7, 2018 Dismissal of Action for Failure to File Note of Issue Affirmed
On March 1, 2018, the First Department issued a decision in Austin v. Gould, 2018 NY Slip Op. 01404,… Read More
March 6, 2018 Plaintiff's Claims Tolled During Pendency of Earlier Federal Action
On February 22, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
March 5, 2018 Counterclaims Entitled to Benefit of Relation-Back Doctrine
On February 23, 2018, Justice Scarpulla of the New York County issued a decision in Sharbat v. AGS C… Read More
March 4, 2018 Libel Claim Based on Press Release Relating to Ongoing Litigation Dismissed
On March 1, 2018, the First Department issued a decision in FCRC Modular, LLC v. Skanska Modular LLC… Read More
March 3, 2018 Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract's Jury Waiver
On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Spor… Read More
March 2, 2018 Transcripts and Videos of Arguments in the Court of Appeals for February 2018 Now Available
On January 15, 2018, we noted seven cases of interest from the oral arguments before the Court of Ap… Read More
March 1, 2018 Court Of Appeals Holds That Res Judicata Effect Of Federal Judgment Extends To Unasserted Compulsory Counterclaims
On February 20, 2018, a divided Court of Appeals decided Paramount Pictures Corp. v. Allianz Risk Tr… Read More
February 28, 2018 Upcoming Arguments in the Court of Appeals in March
Upcoming argument in the Court of Appeals in March 2018 that may be of interest to commercial litiga… Read More
February 27, 2018 Indenture Trustee Can Bring Claims to Recover Losses Incurred by all Noteholders from Unpaid Notes
On February 20, 2018, the Court of Appeals issued a decision in Cortlandt St. Recovery Corp. v. Bond… Read More
February 26, 2018 Second Department Holds That Yellowstone Remedy Can Be Waived In A Commercial Lease
On January 31, 2018, the Second Department issued a decision in 159 MP Corp. v. Redbridge Bedford, L… Read More
February 24, 2018 Claim for Referral Fees Barred by Statute of Frauds
On February 6, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 23, 2018 All Risk Insurance Policy Did Not Cover Loss From Returning Property to Its Rightful Owner
On February 13, 2018, the First Department issued a decision in Dae Assoc., LLC v. AXA Art Ins. Corp… Read More
February 22, 2018 Shareholder's Failure to Help Run Company No Basis for Reducing His Shareholding
On February 13, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 21, 2018 Derivative Action Dismissed for Failure to Plead Demand Futility With Particularity
On February 13, 2018, the First Department issued a decision in Retirement Plan for Gen. Empls. of t… Read More
February 20, 2018 Defendant Not Required to Produce Tax Returns
On February 15, 2018, the First Department issued a decision in Weingarten v. Braun, 2018 NY Slip Op… Read More
February 19, 2018 Non-Party Properly Held in Contempt for Violating Stipulation and Order of Which He Had Knowledge
On February 6, 2018, the First Department issued a decision in Tishman Constr. Corp. v. United Hispa… Read More
February 18, 2018 Damages Award Thrown Out Because of Failure to Provide Competent, Non-Hearsay Evidence of Damages
On February 8, 2018, the First Department issued a decision in 345 E. 69th St. Owners Corp. v, Plati… Read More
February 17, 2018 Court Refuses to Enforce Forum Selection Clause in Internet Contract
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued decision in Swipe Ic… Read More
February 16, 2018 Court Refuses to Disqualify Counsel Based on Lawyer-Witness Rule
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Atlant… Read More
February 15, 2018 Professional Malpractice Claims Time-Barred
On February 1, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 14, 2018 Court Rejects Disclosure Only Class Action Settlement
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 13, 2018 Corporation's Former Counsel Cannot Represent One Shareholder Against Others
On February 7, 2018, the Second Department issued a decision in Deerin v. Ocean Rich Foods, LLC, 201… Read More
February 12, 2018 No Claim for Civil Conspiracy Without An Underlying Tort
On February 7, 2018, the Second Department issued a decision in McSpedon v. Levine, 2018 NY Slip Op.… Read More
February 11, 2018 Plaintiff Cannot Withstand Summary Judgment By Showing Question of Fact on One Element of Fraud Claim if it Fails on Another Element
On January 22, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 10, 2018 Integration Clause Bars Claim for Work Not Covered by Written Agreement
On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 9, 2018 Separate Cause of Action for Accounting Permissible Under Delaware Law
On January 23, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
February 8, 2018 Parties Not Allowed to Conduct Additional Relevance Review of Documents Found by ESI Search
On January 29, 2018, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
February 7, 2018 Court Upholds Tortious Interference with Prospective Business Relations Claim
On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 6, 2018 Court Enters Judgment Enforcing Foreign Judgment
On January 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 5, 2018 Fraud Claim Prevails; Plaintiff Not Required to Obtain Representations and Warranties From its Agent
On January 30, 2018, the First Department issued a decision in Schulhof v. Jacobs, 2018 NY Slip Op. … Read More
February 4, 2018 No Conversion Claim Based on Loans Made Into General Account
On January 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 3, 2018 Questions of Fact Regarding Dissension, Deadlock and Financial Viability Preclude Corporation's Summary Dissolution
On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Mat… Read More
February 2, 2018 Court Orders Specific Performance of Contract to Sell Real Estate
On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Spl… Read More
January 31, 2018 Claims Barred Above Amount Set by Limitation of Liability Provision
On January 23, 2018, the First Department issued a decision in Electron Trading, LLC v. Morgan Stanl… Read More
January 30, 2018 Documents Protected from Production Under Common Interest Privilege
On January 24, 2018, the Second Department issued a decision in Saint Annes Dev. Co. v. Russ, 2018 N… Read More
January 29, 2018 Court Properly Granted "Extreme" Remedy of Appointing Temporary Receiver
On January 24, 2018, the Second Department issued a decision in Meagher v. Doscher, 2018 NY Slip Op.… Read More
January 28, 2018 Transcripts and Videos of Arguments in the Court of Appeals for January 2018 Now Available
On December 24, 2017, we noted four cases of interest from the oral arguments before the Court of Ap… Read More
January 27, 2018 Yellowstone Injunction Denied; Tenant Did Not Show Ability or Intention to Cure Failure to Pay Rent
On January 16, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Serpin… Read More
January 26, 2018 Questions of Fact Precluded Dismissal on Summary Judgment of Action Based on Oral Contract Subject to Statute of Frauds
On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Too… Read More
January 25, 2018 Court Requires Parties to Arbitrate Some Claims and Have Others Decided by the Court
On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Lev… Read More
January 24, 2018 Trustee Had Right to Take Direction from the Majority of Bondholders
On January 11, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 23, 2018 Company Cannot Sue its President and Sole Shareholder for Fraud; Defendant's Knowledge of the Fraud is Imputed to the Company
On January 18, 2018, the First Department issued a decision in Doral Fabrics, Inc. v. Gold, 2018 NY … Read More
January 22, 2018 Corporate Officer Failed to Make Factual Showing Required to Receive Advancement for Defense of Criminal
On January 18, 2018, the Third Department issued a decision in Kaloyeros v. Fort Schuyler Mgt. Corp.… Read More
January 21, 2018 Contract Claim Should Not Have Been Dismissed for Lack of Consideration
On January 17, 2018. the Second Department issued a decision in Nassau County v. New York State Urba… Read More
January 20, 2018 Limited Record Before Trial Court Did Not Justify Striking Answer as Discovery Sanction
On January 17, 2018, the Second Department issued a decision in PAL Envtl. Servs., Inc. v. LJC Disma… Read More
January 19, 2018 Court Declines to Order Accounting Given Burden and Absence of Other Claims
On January 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 18, 2018 Complaint May Include Allegations of Facts Disclosed in Settlement Discussions
On January 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
January 18, 2018 Action Should Have Been Dismissed for Failure to Comply With Indenture's No Action Clause
On January 16, 2018, the First Department issued a decision in Rimrock High Income Plus (Master) Fun… Read More
January 17, 2018 Plaintiff Was At Will Employee Because His Written Employment Agreement Did Not Have a Definite Term of Service
On January 8, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Mo… Read More
January 16, 2018 Schlam Stone & Dolan LLP Launches Insurance Coverage Blog
Schlam Stone & Dolan LLP is pleased to announce the launch of a new Insurance Coverage Blog. Edited… Read More
January 16, 2018 Court of Appeals Grants Leave to Appeal in Case Involving Dismissal of Action Filed By Counsel That Does Not Maintain An Office in New York
On January 11, 2017, the Court of Appeals granted leave to appeal in Arrowhead Capital Fin., Ltd. v.… Read More
January 15, 2018 Upcoming Arguments in the Court of Appeals in February
Upcoming arguments in the Court of Appeals in February 2018 that may be of interest to commercial li… Read More
January 14, 2018 Court Grants Motion to Compel Arbitration Brought By Corporate Officers Not Signatories to Arbitration Agreement
On January 3, 2018, Justice Masley of the New York County Commercial Division issued a decision in H… Read More
January 13, 2018 Court Refuses to Enjoin Spin-Off of Assets from Defendant
On January 3, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 12, 2018 Malpractice Claims Barred by Collateral Estoppel Based on Earlier Action Against Co-Counsel
On January 11, 2018, the First Department issued a decision in Guidance Endodontics, LLC v. Olshan G… Read More
January 12, 2018 Defamation Claim Barred by Fair and True Report Privilege
On January 11, 2018, the First Department issued a decision in Highland Capital Management, L.P. v. … Read More
January 10, 2018 Question of Fact Regarding Plaintiff's Constructive Notice of Misrepresentation Precluded Dismissal
On January 9, 2018, the First Department issued a decision in Macquarie Capital (USA) Inc. v. Morris… Read More
January 9, 2018 Action Brought in Improper Venue Transferred to Proper Venue
On November 6, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in B… Read More
January 7, 2018 Insurance Law Section 3420 Applies Only to Policies Covering Both Insureds and Risks in New York
On November 20, 2017, the Court of Appeals issued a decision in Carlson v. American International Gr… Read More
January 7, 2018 Summary Judgment Denied; Affidavit that Contradicts a Contemporaneous Document is Not a Sham Affidavit
On January 2, 2018, the First Department issued a decision in Kärst v. W.P. Carey Inc., 2018 NY Sli… Read More
January 6, 2018 No Improper Influence; Arbitrator's Potential Retention by Affiliate of Party Was On Unrelated Matter and Was Disclosed
On January 2, 2018, the First Department issued a decision in Matter of Mexvalo, S. De R.L. De C.V. … Read More
January 5, 2018 Fiduciary Duty Claim Against Former Counsel Based on Conflict Timely Even Though Malpractice Claim Untimely
On December 28, 2017, the First Department issued a decision in Palmeri v. Willkie Farr & Gallagher … Read More
January 4, 2018 Court Refuses to Dismiss Action for Dissolution of an LLC
On December 15, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
January 1, 2018 Allegations of Badges of Fraud Sufficient to Support Actual Fraudulent Conveyance Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 31, 2017 Investment Advisors Are Not Professionals That Can be the Subject of a Professional Malpractice Claim
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 30, 2017 Contract Based on Misrepresentation Voidable, Not Void
On November 27, 2017, Justice Livote of the Queens County Commercial Division issued a decision in H… Read More
December 29, 2017 Defendant's Failure to Disclose its Business Plans Cannot be Basis for Fraud Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 28, 2017 No Conversion Claim When Plaintiff Was Not Deprived of Use of Property
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 27, 2017 Failure Strictly to Comply With Service Requirements of LLC Law 304 Makes Service Ineffective
On December 22, 2017, the Fourth Department decided in Chan v. Onyx Capital, LLC, 2017 NY Slip Op. 0… Read More
December 26, 2017 Prior Representation Not Shown to be Substantially Related so as to Justify Attorney Disqualification
On December 21, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-insuranc… Read More
December 25, 2017 Questions of Fact Preclude Dissolution of Partnership on Summary Judgment
On December 12, 2017, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 24, 2017 Upcoming Arguments in the Court of Appeals in January
Upcoming arguments in the Court of Appeals in January 2018 that may be of interest to commercial lit… Read More
December 23, 2017 Transcripts and Videos of Arguments in the Court of Appeals for November 2017 Now Available
On November 6, 2017, we noted four cases of interest from the oral arguments before the Court of App… Read More
December 22, 2017 General Provisions of Delaware LLC Law Do Not Trump Specific Provisions of LLC Agreement
On December 14, 2017, the First Department issued a decision in Estate of Calderwood v. ACE Group In… Read More
December 21, 2017 Motion to Dismiss Defamation Claims Granted Based on Qualified Privilege
On December 7, 2017, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
December 20, 2017 Split Court of Appeals Holds that RMBS Trusts Cannot Get General Contract Damages for Claims Covered by Sole Remedy Provision
On December 12, 2017, the Court of Appeals issued a decision in Nomura Home Equity Loan, Inc., Serie… Read More
December 19, 2017 CPLR 908 Requirement for Class Notice and Court Approval Applies to Not-Yet-Certified Class Actions
On December 12, 2017, the Court of Appeals issued a decision in Desrosiers v. Perry Ellis Menswear, … Read More
December 18, 2017 Court Declines to "Create Insurance Coverage Where None Exists" Based on Waiver Argument
On November 14, 2017, the First Department issued a decision in Illinois Union Insurance Co. v. Gran… Read More
December 17, 2017 Party That Agreed That Arbitrator Did Not Have to Hold Hearing Cannot Vacate Award For Failure to Hold Hearing
On December 1, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 16, 2017 Court Explains Calculation of Undertaking on Attachment
On November 22, 2017, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 15, 2017 Fraud Claim Dismissed for Failing to Plead Scienter With Particularity
On December 12, 2017, the First Department issued a decision in Fried v. Lehman Brothers Real Estate… Read More
December 14, 2017 Holder of Promissory Notes Payable to Another Must Establish How It Came to Possess Them to Enforce Them
On December 5, 2017, the First Department issued a decision in 26th LS Series Ltd. v. Brooks, 2017 N… Read More
December 13, 2017 Fraud Claim Should Not Have Been Dismissed as Time-Barred; Question of Fact Existed Regarding When Fraud Should Have Been Discovered
On December 5, 2017, the First Department issued a decision in Berman v. Holland & Knight, LLP, 2017… Read More
December 12, 2017 Cause of Action for Damage to RMBS Trust Occurs Where Trust is Located
On December 5, 2017, the First Department issued a decision in Deutsche Bank Natl. Trust Co. v. Barc… Read More
December 11, 2017 Derivative Action Plaintiff Loses Standing--And Action Must Be Dismissed--If It Sells Its Ownership Interest
On December 6, 2017, the Second Department issued a decision in Jacobs v. Cartalemi, 2017 NY Slip Op… Read More
December 10, 2017 Claim for Misappropriation of Ideas Dismissed on Summary Judgment
On November 14, 2017 Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
December 9, 2017 Conversion Claim Cannot be Based on Money Owed By Contract
On November 22, 2017, Justice Masley of the New York County Commercial Division issued a decision in… Read More
December 8, 2017 50% Shareholder Must Bring Derivative Action, Not Action in Name of Corporation, Against Other 50% Shareholder
On November 9, 2017, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
December 7, 2017 Court Awards Fees to Prevailing Party But Refuses to Award Fees on Fees
On November 22, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 6, 2017 Court Denies Motion to Disqualify Counsel Because Prior Representation Was Not Substantially Related to Present One
On November 21, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 5, 2017 Plaintiff Without Standing to Bring Derivative Action Not Entitled to Fee Award Under BCL Sec. 626
On November 29, 2017, the Second Department issued a decision in Sakow v. Waldman, 2017 NY Slip Op. … Read More
December 4, 2017 No Jurisdiction Over Defendants If Proper Service Under the CPLR Is Not Made, Even if Defendants Received the Documents
On November 29, 2017, the Second Department issued a decision in Josephs v. AACT Fast Collections Se… Read More
December 3, 2017 Party Cannot Be Held in Contempt for Failing to Pay a Fee Award
On November 29, 2017, the Second Department issued a decision in Liang v. Yi Jing Tan, 2017 NY Slip … Read More
December 2, 2017 Implied Covenant of Good Faith Cannot be Used to Create New Contract Rights
On November 16, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 1, 2017 Litigation Privilege Bars Defamation Claim
On November 28, 2017, the First Department issued a decision in Peters v. Coutsodontis, 2017 NY Slip… Read More
November 30, 2017 Court Erred in Converting Motion to Dismiss into Motion for Summary Judgment
On November 28, 2017, the First Department issued a decision in Island Intellectual Prop. LLC v. Rei… Read More
November 29, 2017 K-1s Not Dispositive Proof of Partnership Interests
On November 28, 2017, the First Department issued a decision in Rakosi v. Sidney Rubell Co., LLC, 20… Read More
November 28, 2017 Jury Trial Waiver in Escrow Agreement Governed Suit on Related Purchase Agreement
On November 21, 2017, the First Department issued a decision in Highbridge House Ogden LLC v. Highbr… Read More
November 27, 2017 No Claim Against Insurer for Breach of the Covenant of Good Faith and Fair Dealing Absent “Foreseeable Consequential Damages”
On October 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 26, 2017 Court Refuses to Award Fees for Almost 100 hours of Work on Motion to Compel
On November 3, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 25, 2017 Tenant Must Seek Yellowstone Injunction Before Cure Period Ends
On November 22, 2017, the Second Department issued a decision in Riesenburger Properties, LLLP v. Pi… Read More
November 24, 2017 Cayman Islands Procedural Law Does Not Apply to Derivative Claims of Cayman Entity in New York Lawsuit
On November 20, 2017, the Court of Appeals issued a decision in Davis v. Scottish Re Group Ltd., 201… Read More
November 23, 2017 If a Debtor Controls Funds Escrowed to Pay Specific Creditors, Those Funds Are Subject to Other Creditors' Claims
On November 15, 2017, the Second Department issued a decision in Freedman v. Hason, 2017 NY Slip Op.… Read More
November 22, 2017 Mere Error in Judgment Cannot Be Basis for Malpractice Claim
On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Te… Read More
November 21, 2017 Expert Testimony Required to Support Claim for Architectural Malpractice
On November 15, 2017, the Second Department issued a decision in Herman v. Franke, Gottsegen, Cox Ar… Read More
November 20, 2017 Fraud Claim Time-Barred; Plaintiffs Failed Timely to Take Action After They Had Inquiry Notice of Claim
On November 14, 2017, the First Department issued a decision in Moses v. Dunlop, 2017 NY Slip Op. 07… Read More
November 19, 2017 Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
November 18, 2017 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Administrative Board of the Courts has asked for public comment on a proposed change to the Comm… Read More
November 17, 2017 Party Not Entitled to Commission for Out-of-State Deposition
On November 16, 2017, the First Department issued a decision in Matter of Part 60 RMBS Put-Back Liti… Read More
November 16, 2017 Non-Party With Knowledge of Order Held in Contempt for Violating It
On November 14, 2017, the First Department issued a decision in Tishman Construction Corp. v. United… Read More
November 15, 2017 Resolving Split, Third Department Rules That Motion to Amend Requires No Showing of Merit
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
November 14, 2017 Successor Judge Should Have Adhered to Prior Judge's Holdings Under Law of Case Doctrine
On November 9, 2017, the First Department issued a decision in Glaze Teriyaki, LLC v. MacArthur Prop… Read More
November 13, 2017 Reports Prepared by Consultant During Investigation of Claims Held Not Privileged or Work Product
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
November 12, 2017 Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues
On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 11, 2017 Court Allows Contract Claim Based on Defendant's Alleged Control of Contracting Party
On October 24, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 10, 2017 Agreement Binding Even Though Parties Envisioned Further Negotiations Over Non-Material Terms
On November 9, 2017, the Fourth Department issued a decision in RES Exhibit Services, LLC v. Genesis… Read More
November 9, 2017 Transcripts and Videos of Arguments in the Court of Appeals for October 2017 Now Available
On October 3, 2017, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
November 8, 2017 Representation of Business Owners Not Representation of Business for Conflict Purposes
On October 23, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 7, 2017 Fiduciary Duty Claim Dismissed as Duplicative of Contract Claim
On November 2, 2017, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.… Read More
November 6, 2017 Upcoming Arguments in the Court of Appeals in November
Upcoming arguments in the Court of Appeals in November 2017 that may be of interest to commercial li… Read More
November 6, 2017 Contract That Did Not Recite Past Consideration Upon Which it Was Based Unenforceable
On November 2, 2017, the First Department issued a decision in Korff v. Corbett, 2017 NY Slip Op. 07… Read More
November 5, 2017 Bank Not Allowed to Amended its Answer to Change Statement It Claims Was Mistaken
On October 23, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 4, 2017 New York Attorney Rates Found Reasonable in Nevada Litigation
On October 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 3, 2017 Arbitrability of Claim Determined by the Arbitrator Where Agreement Incorporates Rules of the London Court of International Arbitration
On October 12, 2017, the Court of Appeals issued a decision in Garthon Bus. Inc. v. Stein, 2017 NY S… Read More
November 2, 2017 Valid Threats of Patent Litigation Against Customers Not Tortious Interference
On October 24, 2017, the First Department issued a decision in Lotes Co., Ltd. v. Hon Hai Precision … Read More
November 1, 2017 Breach of Contract May be Breach of Fiduciary Duty, But Only for Professionals
On October 19, 2017, the First Department issued a decision in Panattoni Development Co., Inc. v. Sc… Read More
October 31, 2017 Fee Award Vacated Due to Trial Court's Failure to Consider All Relevant Factors In Awarding Fees
On October 19, 2017, the First Department issued a decision in EVUNP Holdings LLC v. Frydman, 2017 N… Read More
October 30, 2017 Regardless of Merits, Court Should Not Have Granted Injunction When Money Damages Sufficient
On October 19, 2017, the First Department issued a decision in JSC VTB Bank v. Mavlyanov, 2017 NY Sl… Read More
October 29, 2017 Fraud Plaintiff Was Unreasonable in Relying on Representation Contradicted by Term Sheet
On October 13, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
October 28, 2017 Court Refuses to Issue Injunction Enforcing Restrictive Covenants
On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
October 27, 2017 Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud
On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY … Read More
October 26, 2017 Action Dismissed Because Plaintiff's Counsel Did Not Maintain Office in New York
On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Ch… Read More
October 25, 2017 Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute
On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden,… Read More
October 24, 2017 Action Dismissed for Failure Timely to Serve Complaint
On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 … Read More
October 23, 2017 Bringing Action for Rescission/Reformation of Contract Not Anticipatory Breach of That Contract
On October 19, 2017, the Court of Appeals issued a decision in Princes Point LLC v. Muss Development… Read More
October 22, 2017 Default Judgment Vacated Because of Possible Misrepresentations in Complaint
On October 10, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Dea… Read More
October 21, 2017 Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward
On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 20, 2017 Question of Fact Regarding Whether Time Was of the Essence Precludes Summary Judgment
On October 2, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Scott R… Read More
October 19, 2017 Plaintiff Lacked Standing to Assert Claims for Damage to Affiliate
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More
October 18, 2017 Court of Appeals Grants Leave to Appeal in Case Involving Enforceability of Deed Covenant to Provide Free Electricity
On October 17, 2017, the Court of Appeals granted leave to appeal in Niagara Mohawk Power Corp. v. A… Read More
October 17, 2017 Foreign Defendants Found Not to Be Subject to Personal Jurisdiction in New York
On October 10, 2017, the First Department issued a decision in IMAX Corp. v. Essel Group, 2017 NY Sl… Read More
October 16, 2017 Appeal Timely Notwithstanding That Notice of Appeal Was Rejected by Clerk
On October 10, 2017, the First Department issued a decision in Perlbinder v. Board of Managers of th… Read More
October 15, 2017 Res Judicata Effect of Prior Award is For Arbitrator, Not Court, to Decide
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Gi… Read More
October 14, 2017 Construction-Related Claims Barred by "No Damages for Delay" Clause
On September 28, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in P… Read More
October 13, 2017 Clear and Convincing Standard of Proof Not Applied at Summary Judgment
On September 28, 2017, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 12, 2017 RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas
On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 11, 2017 LLC Does Not Owe Fiduciary Duties to its Members
On September 28, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
October 10, 2017 Plaintiff Fails to Provide Evidence Showing Jurisdiction Over Foreign Shipping Company
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 9, 2017 CPLR 205(a) Statute of Limitations Extension Does Not Apply to Voluntarily Discontinued Action
On October 4, 2017, the Second Department issued a decision in EB Brands Holdings, Inc. v. McGladrey… Read More
October 8, 2017 Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 7, 2017 Reaching Out to New York Bank to Negotiate Loan Agreements Created Personal Jurisdiction
On September 25, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 6, 2017 Breach of Contract Claim Dismissed for Failure to Identify Particular Provision That was Breached
On October 6, 2017, the Fourth Department issued a decision in Barrett v. Grenda, 2017 NY Slip Op. 0… Read More
October 5, 2017 Destroyed Evidence Presumed Relevant When it is Intentionally Deleted
On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Cor… Read More
October 4, 2017 Unsigned Employment Agreement Void Under Statute of Frauds
On September 20, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
October 3, 2017 Upcoming Arguments in the Court of Appeals in October
Upcoming argument in the Court of Appeals that may be of interest to commercial litigators include: … Read More
October 2, 2017 Commercial General Liability Insurance Policy Did Not Cover Breach of Contract Claim
On September 27, 2017, the Second Department issued a decision in J.W. Mays, Inc. v. Liberty Mutual … Read More
October 1, 2017 Transcripts and Videos of Arguments in the Court of Appeals for September 2017 Now Available
On August 11, 2017, we noted three cases of interest from the oral arguments before the Court of App… Read More
September 30, 2017 Term Sheet Not a Binding Contract
On September 26, 2017, the First Department issued a decision in Keitel v. E*TRADE Financial Corp., … Read More
September 29, 2017 Fraudulent Inducement Claims Dismissed on Summary Judgment: No Reasonable Reliance
On September 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 28, 2017 Unreasonably Lengthy and Frivolous Investigation Sufficient Basis for Breach of Implied Covenant of Good Faith and Fair Dealing
On September 15, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 27, 2017 Court Rejects Allegations of Conspiracy-Based Personal Jurisdiction
On September 8, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 26, 2017 Plaintiff's Voluntary Payment of Disputed Sum and Delay in Bringing Suit Dooms Claims
On September 18, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 25, 2017 Veil Piercing Claim Not Incompatible with Indemnification Claim
On September 7, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 24, 2017 Economic Interest Holders Did Not Have Standing to Dissolve Partnership
On August 7, 2017, Justice Livote of the Queens County Commercial Division issued a decision in BV I… Read More
September 23, 2017 On Reargument, Court Finds Motion Timely and Grants Summary Judgment
On September 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in 531 … Read More
September 22, 2017 Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages
On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 21, 2017 Fraud Claim Based on Promise to Perform Under the Parties' Contract Dismissed
In September 19, 2017, a divided First Department issued a decision in Cronos Group Ltd. v. XComIP, … Read More
September 21, 2017 Turnover Order Can Relate to Out-of-State Property
On September 1, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 20, 2017 Alleged Breach by Plaintiff Insufficient to Prevent Judgment on Contract Claim
On September 11, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
September 19, 2017 Defendant Cannot Amend Answer to Assert Defense of Lack of Personal Jurisdiction
On September 11, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 18, 2017 Client Bound by Counsel's Agreements, Even if Counsel Lacked Authority to Agree
On September 12, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 17, 2017 Manager of Delaware LLC Must Exercise Rights Granted to it in Good Faith
On September 8, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 16, 2017 Indemnification Provision Applies to Litigation Between Parties
On September 5, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
September 15, 2017 Parties Waived Right to Arbitrate By Participating in Litigation
On September 6, 2017, Justice Bransten of the New York County Commercial division issued a decision … Read More
September 13, 2017 First Department Arguments to be Broadcast Live Over the Internet
Presiding Justice Rolando T. Acosta has announced that effective Tuesday, September 12, 2017, oral a… Read More
September 7, 2017 Appellate Court's Costs Award Does Not Bar Application for Fees Under Contract
On August 31, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
September 6, 2017 CLE Program: Practicing in NYS Supreme Court
On September 13, 2017, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at t… Read More
September 5, 2017 Party May Invoke Forum Selection Clause Against Non-Signatory Closely Related to a Signatory
On August 29, 2017, the First Department issued a decision in Universal Investment Advisory SA v. Ba… Read More
September 4, 2017 Celebrity Attorney Criticized for Deposition Misconduct
On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 3, 2017 Fraud Claim Cannot be Based on Statement Contradicted by Unambiguous Term of Contract
On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 2, 2017 Claim for Money Had and Received Dismissed
On August 17, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 31, 2017 Plaintiff Cannot Get Attorneys’ Fees Under CPLR 3220 Unless Action Goes to Trial
On August 30, 2017, the Second Department issued a decision in Saul v. Cahan, 2017 NY Slip Op. 06391… Read More
August 30, 2017 Court Erred in Granting Preliminary Injunction Without Ordering Plaintiff to Give Undertaking
On August 23, 2017, the Second Department issued a decision in Mobstub, Inc. v. www.staytrendy.com, … Read More
August 29, 2017 Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence
On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2017 No Breach of Covenant of Good Faith and Fair Dealing; Plaintiff Received Benefits of Contract
On August 23, 2017, the Second Department issued a decision in Rayham v. Multiplan, Inc., 2017 NY Sl… Read More
August 27, 2017 Court Rejects Expert Reports That Opined on the Law of Legal Ethics
On August 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 26, 2017 Questions of Fact on Whether LLC Could Fulfill its Purpose Barred Dissolution Claim's Dismissal
On August 16, 2017, the Second Department issued a decision in Mace v. Tunick, 2017 NY Slip Op. 0617… Read More
August 25, 2017 Motion Court Should Not Have Denied Motion to Amend
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
August 24, 2017 Letters, Affidavits and Transcripts Not 3211(a)(1) Documentary Evidence
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
August 23, 2017 Justices Scheinkman and Garguilo Recently Updated Their Part Rules
Justice Scheinkman of the Westchester County Commercial Division recently updated his Practice Guide… Read More
August 22, 2017 Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony
On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Plann… Read More
August 21, 2017 Court Should Not Have Vacated Default Judgment Where There Was No Reasonable Excuse for Default
On August 16, 2017, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2017 NY … Read More
August 20, 2017 Insurer Owed Pre-Judgment Interest From Date of Wrongful Disclaimer of Coverage
On August 7, 2017, Justice Ramos of the New York County Commercial Division issued a decision in J.P… Read More
August 19, 2017 Limited Liability Company Cannot Appoint Non-Member to Evaluate Derivative Claims
On August 15, 2017, the First Department issued a decision in LNYC Loft, LLC v. Hudson Opportunity F… Read More
August 17, 2017 Court Should Not Have Removed Member from LLC Management Without Hearing
On August 15, 2017, the First Department issued a decision in Crabapple Corp. v. Elberg, 2017 NY Sli… Read More
August 16, 2017 Motion to Amend Filed After Note of Issue Date Denied Due to Prejudice to Plaintiff
On August 2, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in JB… Read More
August 15, 2017 Court Excludes Parol Evidence Despite Lack of Merger Clause
On August 9, 2017, the Second Department issued a decision in Hoeg Corp. v. Peebles Corp., 2017 NY S… Read More
August 14, 2017 Court Orders Dissolution of Family-Owned Corporation
On August 3, 2017, following a 6-day bench trial, Justice Dufficy of the Queens County Commercial Di… Read More
August 13, 2017 Two-Year Discovery Rule Does Not Save Fraud Claim from Being Time-Barred
On August 7, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 12, 2017 Plaintiff Awarded Damages on Conversion Claim Even Though Converted Funds Returned
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
August 11, 2017 Upcoming Arguments in the Court of Appeals in September
Upcoming arguments in the Court of Appeals that may be of interest to commercial litigators include:… Read More
August 10, 2017 Lost Profits Found to be Recoverable as General, Not Consequential, Damages
On August 3, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 9, 2017 Insured Not Entitled to Indemnification Because It Settled Claims Without Insurer's Permission
On August 8, 2017, the First Department issued a decision in Bovis Lend Lease (LMB), Inc. v. Arch In… Read More
August 8, 2017 Merger Clause Bars Fraud Claim
On July 31, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in R… Read More
August 7, 2017 Intermediary Was Not Agent With Authority to Bind Trust
On August 1, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 6, 2017 Party Need Not Produce Documents Relating to Settlement Discussions
On July 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Five… Read More
August 5, 2017 Property Owner Not Liable to Subcontractor for General Contractor's Obligations
On July 26, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Cou… Read More
August 4, 2017 Request for Indemnification Under BCL Denied on Procedural Grounds
On July 13, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Fed… Read More
August 3, 2017 Court Enforces Warranty Waiver, Dismissing Claim
On August 2, 2017, the Second Department issued a decision in Joka Industries, Inc. v. Doosan Infrac… Read More
August 2, 2017 First Department Reaffirms Indenture Trustee's Fiduciary Duties
On August 1, 2017, the First Department issued a decision in Cece & Co. Ltd. v. U.S. Bank N.A., 2017… Read More
August 1, 2017 Court Denies Summary Judgment Motion Due to Defendant's Failure to Attend Deposition
On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Z… Read More
July 31, 2017 Fact Issues Do Not Preclude Issuance of a Yellowstone Injunction
On June 9, 2017, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mon… Read More
July 30, 2017 Justice Masley Posts Part Rules
Justice Andrea Masley, newly-assigned to the New York County Commercial Division, recently posted he… Read More
July 28, 2017 Court Refuses to Dismiss New York Action in Favor of Later-Filed California Action
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 27, 2017 Actual Notice Insufficient to Meet Contract's Strict Contractual Notice Requirement
On July 27, 2017, the Third Department issued a decision in Ridley Electric Co., Inc. v. Dormitory A… Read More
July 26, 2017 Breach of Fiduciary Duty Claim Based on Law Firm's Conflicted Representation Timely
On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, … Read More
July 25, 2017 Justice Masley Assigned to Commercial Division
Justice Andrea Masley, previously assigned to Part 25, has been reassigned to the New York County Co… Read More
July 24, 2017 Court Declines to Award Attachment Due to Lack of Evidence of Intent to Defraud
On July 17, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Del Forte… Read More
July 23, 2017 Plaintiff Awarded Fees Based on Unmistakably Clear Language in Contract
On July 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 21, 2017 Alleged Faulty Notice of Lease Renewal States Breach of Implied Covenant Claim
On July 13, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 20, 2017 Class Action Waiver Violated National Labor Relations Act
On July 18, 2017, the First Department issued a decision in Gold v. New York Life Insurance Co., 201… Read More
July 19, 2017 Plaintiff's Failure to Read Policy No Bar to Claim for Failure to Obtain Proper Insurance
On July 11, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in 386 3r… Read More
July 18, 2017 Corporate Officers Can Enforce Arbitration Provision in Corporation's Contract
On July 12, 2017, the Second Department issued a decision in Degraw Construction Group, Inc. v. McGo… Read More
July 17, 2017 Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument
On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Ener… Read More
July 16, 2017 Plaintiff's Amended Claims Found to Relate Back to Date of Original Complaint
On June 29, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Seidler v… Read More
July 15, 2017 Movant Failed to Meet High Burden of Showing That Opponent's Conduct Was Frivolous
On July 5, 2017, the Second Department issued a decision in West Hempstead Water District v. Buckeye… Read More
July 14, 2017 Non-Parties Bound by Contract's Forum Selection Clause
On June 27, 2017, Justice Scarpulla of the New York County Commercial division issued a decision in … Read More