Current Developments in the Commercial Divisions of the New York State Courts

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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, Hillary S. Zilz

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, Hillary S. Zilz

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, Hillary S. Zilz

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 13, 2021 First Department Holds That Proposed Documentary Evidence Did Not Conclusively Establish That Fuel Oil Met Specifications In Purchase Contract And That General Warranty Disclaimer Is Ineffective As To Required Specifications For Fuel Oil In The Contract

On October 1, 2021, in Glencore Ltd. v Freepoint Commodities LLC., Index No. 653431/19 and First Dep… 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 15, 2021 Guaranties For Payment And Performance Are Not Instruments For Payment Of Money Only And Therefore Do Not Provide A Basis For Summary Judgment In Lieu of Complaint Under CPLR § 3213

On September 3, 2021, in Bank of America, N.A. v. Filho et al., N.Y. Sup. Ct. Index No. 654603/2019,… Read More

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 25, 2021 Owners of Residential Units in Luxury Condominium Were Third-Party Beneficiaries of Clause in Ground Lease Concerning Quality of Hotel To Be Operated on Lower Floors of Building

On August 5, 2021, the First Department issued a decision in Residential Board of Millennium Point v… Read More

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 3, 2021 Forum Selection Clause Not Incorporated into Contract When Contract Only Refers to, But Does Not Expressly Incorporate the Terms of, The Agreement Containing the Forum Selection Clause

On April 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in W-S… 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 23, 2021 That Defendant's Claims Against Third Party Claims Arise From Same Factual Circumstances as Complaint Insufficient Basis for a Third-Party Claim if the Third Party is not Alleged to be Liable for Plaintiff’s Claim Against Defendant

On April 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in J.G.… 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 New York City Bar Live Webcast:Practice Update: Application of Select Commercial Division Rules to all Supreme and County Courts

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

July 13, 2017 Time-Barred Claims Could be Used as Counterclaims Under Equitable Recoupment Doctrine

On June 29, 2017, the First Department issued a decision in California Capital Equity, LLC v. IJKG, … Read More

July 12, 2017 Quantum Meruit Claim for Work Done Based on Promise of Contract Award in Future Upheld

On June 29, 2017, the First Department issued a decision in H. & L. Electric Inc. v. Midtown Equitie… Read More

July 11, 2017 Partnership Agreement's Arbitration Provision Governs Later Agreement to Sell Partnership Assets

On June 27, 2017, the First Department issued a decision in Matter of Capital Enterprises Co. v. Dwo… Read More

July 10, 2017 Failure to Comply With Discovery Orders Warranted Dismissal and Monetary Sanctions

On June 21, 2017, the Second Department issued a decision in 150 Centreville, LLC v. Lin Associates … Read More

July 9, 2017 Insurers' Repudiation of Liability Relieves Insured of Obligation to Cooperate

On June 27, 2017, the First Department issued a decision in J.P. Morgan Securities Inc. v. Vigilant … Read More

July 8, 2017 Counsel Sanctioned for Making Multiple Motions for the Same Relief

On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tric… Read More

July 7, 2017 Fraud Claims Subject to Broad Arbitration Clause

On June 27, 2017, the First Department issued a decision in New York Marine and General Insurance Co… Read More

July 6, 2017 Theft of Trade Secrets Claim Fails; Customer Lists Were Not Shown to be Secret

On June 28, 2017, the Second Department issued a decision in Tri-Star Lighting Corp. v. Goldstein, 2… Read More

July 5, 2017 Schlam Stone & Dolan LLP Partners Present CLE on Commercial Division Rules

On Friday, July 21, 2017, from 3:00 PM - 5:00 PM New York time, Schlam Stone & Dolan partners Jeffre… Read More

July 4, 2017 Court Upholds Implied Covenant Claim Based on Frustration of Plaintiff's Efforts to Recover Funds

On June 22, 2017, the First Department issued a decision in Tillage Commodities Fund, L.P. v. SS&C T… Read More

July 3, 2017 Unconscionability Can be Basis for Disregarding Statute of Frauds But Standard is Demanding

On June 29, 2017, the Court of Appeals issued a decision in Matter of Hennel, 2017 NY Slip Op. 05266… Read More

July 2, 2017 Complaint Dismissed for Impermissibly Mixing Direct and Derivative Claims

On June 15, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Guindi… Read More

July 1, 2017 Affidavit With E-mails and Account Analysis Not Documentary Evidence

On June 13, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in N… Read More

June 30, 2017 Court of Appeals Accepts Certified Questions Regarding Calculation of Damages and Prejudgment Interest in Trade Secret Cases

On June 27, 2017, the Court of Appeals accepted two certified questions from the Second Circuit in E… Read More

June 30, 2017 Derivative Lawsuits Stayed In Favor of Related Suits in Federal Court

On June 7, 2017, Justice Singh of the New York County Commercial Division issued a decision in Reave… Read More

June 29, 2017 Telephone and E-mail Communications to New York Insufficient to Create Personal Jurisdiction

On June 22, 2017, the First Department issued a decision in Ripplewood Advisors, LLC v. Callidus Cap… Read More

June 28, 2017 Leave to Appeal Granted in Case Involving Effect of New York Choice of Law Clause on Applicability of Borrowing Statute

On June 22, 2017, the Court of Appeals granted leave to appeal in 2138747 Ontario, Inc. v. Samsung C… Read More

June 27, 2017 Dismissal for Failure to Prosecute Vacated Because No 90-Day demand to File Note of Issue Made

On June 21, 2017, the Second Department issued a decision in Atmara, Inc. v. Panoramic Ace Propertie… Read More

June 26, 2017 Attorney for 50% Shareholder Had No Fiduciary Duty to Other Shareholder

On June 7, 2017, the Second Department issued a decision in Gall v. Colon-Sylvain, 2017 NY Slip Op. … Read More

June 25, 2017 Claim Against Trust Dismissed for Lack of Jurisdiction Over Trustee

On June 9, 2017, Justice Singh of the New York County Commercial Division issued a decision in Deuts… Read More

June 24, 2017 Summons With Notice Provided Sufficient Notice of Plaintiff's Claims

On June 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in L… Read More

June 23, 2017 Tolling Provision of CPLR 205(a) Does Not Apply to Out-of-State Actions

On June 15, 2017, the First Department issued a decision in Deadco Petroleum v. Trafigura AG, 2017 N… Read More

June 22, 2017 Court Refuses to Enforce No-Challenge Clause in Patent License

On June 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More

June 21, 2017 Failure to Set Standards For Award of Stock Options Breach of Implied Covenant of Good Faith

On June 15, 2017, the First Department issued a decision in Zakrzewski v. Luxoft USA, Inc., 2017 NY … Read More

June 20, 2017 Dissolved Corporation May Sue or be Sued Until its Affairs are Fully Adjusted

On June 14, 2017, the Second Department issued a decision in Greater Bright Light Home Care Services… Read More

June 19, 2017 Undertaking Vacated Because Not Related to Potential Damages That Might Result from Injunction

On June 14, 2017, the Second Department issued a decision in Olympic Ice Cream Co., Inc. v. Sussman,… Read More

June 18, 2017 Fraud Claim Can Be Based on Breach of Contractual Warranties

On May 31, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in A… Read More

June 17, 2017 Claim Fails Heightened Tortious Interference Pleading Standard for Corporate Officers

On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in TC Tra… Read More

June 16, 2017 Insurer Denied Summary Judgment for Failure to Show Material Misrepresentations by Insured

On June 7, 2017, the Second Department issued a decision in Indian Harbor Insurance Co. v SP&K Const… Read More

June 15, 2017 Exchange of E-mails Did Not Create Binding Contract

On June 7, 2017, the Second Department issued a decision in Saul v. Vidokle, 2017 NY Slip Op. 04485,… Read More

June 14, 2017 Insurance Policy Covering Injury Caused by Insured Requires Proximate Causation

On June 6, 2017, the Court of Appeals issued a decision in Burlington Insurance Co. v. NYC Transit A… Read More

June 13, 2017 Whether Subsequent Agreement Between the Insurance Company and the Insured Affected Arbitrability of Dispute Is A Question for the Arbitrator

On June 1, 2017, the Court of Appeals issued a decision in Town of Amherst v. Granite State Insuranc… Read More

June 12, 2017 Spanish Defendant's Travel to, and Failure to Pay Commissions in, New York Creates Jurisdiction

On June 8, 2017, the Court of Appeals issued a decision in D&R Global Selections, S.L. v. Bodega Ole… Read More

June 11, 2017 Court Finds Subject Matter Waiver of Attorney-Client Privilege

On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in Siras … Read More

June 10, 2017 Questions of Fact Preclude Summary Judgment on Reformation Claim

On June 8, 2017, the First Department issued a decision in Warberg Opportunistic Trading Fund L.P. v… Read More

June 9, 2017 Legal Malpractice Claim Based on Allegedly Faulty Tax Advice Survives Summary Judgment

On June 1, 2017, the First Department issued a decision in Leggiadro, Ltd. v. Winston & Strawn, LLP,… Read More

June 8, 2017 Complaint States Claim for Wrongful Eviction Based on Intent to Revive Lease

On June 1, 2017, the First Department issued a decision in Mephisto Management, LLC v. Moon 170 Merc… Read More

June 7, 2017 Fraud Claim Dismissed as Time-Barred; Plaintiffs Were on Inquiry Notice

On June 1, 2017, the First Department issued a decision in MBI International Holdings Inc. v. Barcla… Read More

June 6, 2017 Promise Made With Preconceived Intention of Not Performing Supports Fraudulent Inducement Claim

On May 30, 2017, the First Department issued a decision in White v. Davidson, 2017 NY Slip Op. 04219… Read More

June 5, 2017 Questions of Fact Precluded Dismissal of Duress Defense on Summary Judgment

On May 25, 2017, the First Department issued a decision in Yoon Jung Kim v. An, 2017 NY Slip Op. 042… Read More

June 4, 2017 Release Did Not Bar Derivative Claims, But Bringing Claims Might Violate Covenant Not to Sue

On May 23, 2017, the First Department issued a decision in Ridinger v. West Chelsea Development Part… Read More

June 3, 2017 Derivative Claims Fail; Alleged Individual Harm Embedded in Harm to Corporation

On May 24, 2017, the Second Department issued a decision in Patterson v. Calogero, 2017 NY Slip Op. … Read More

June 2, 2017 Second Department Upholds Sanction Enjoining Party From Bringing New Actions Without Permission

On May 24, 2017, the Second Department issued a decision in DiSilvio v. Romanelli, 2017 NY Slip Op. … Read More

June 1, 2017 Broker Entitled to Commission if Sellers Wrongfully Prevent Completion of Deal

On May 24, 2017, the Second Department issued a decision in CS Empire Realty, LLC v. Hussain, 2017 N… Read More

May 31, 2017 In Deciding Privilege Issues, Court Applies Law of Place of Trial

On May 23, 2017, the First Department issued a decision in Matter of People of the State of New York… Read More

May 30, 2017 When Plaintiffs Sold Bonds Their Tort Claims Automatically Transferred to the Purchaser

On May 15, 2017, Justice Bransten of the New York County Commercial Division issued a decision in On… Read More

May 29, 2017 25% Owner of Corporation Not Entitled to Dissolution

On May 17, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Matter of … Read More

May 28, 2017 Under AAA Rules, Question of Arbitrability is for Arbitrator in First Instance

On May 23, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Po… Read More

May 27, 2017 Broker's Claim Dismissed; it Was Not Procuring Cause of Transaction

On May 8, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Br… Read More

May 26, 2017 Trustee Lacked Standing to Bring Derivative Action on Behalf of Trust

On May 2, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in 19… Read More

May 25, 2017 Restrictive Covenant Reasonable on Facts Alleged

On May 16, 2017, Justice Singh of the New York County Commercial Division issued a decision in Dougl… Read More

May 24, 2017 Questions of Fact Preclude Summary Judgment on De Facto Merger Successor Liability Claims

On May 16, 2017, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide Home… Read More

May 23, 2017 Court Upholds Jurisdiction Based on Conspiracy

On May 16, 2017, the First Department issued a decision in FIA Leveraged Fund Ltd. v. Grant Thornton… Read More

May 22, 2017 Insurance Law § 3105 Does Not Dispense with Requirement of Proving Reliance and Loss Causation

On May 16, 2017, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide Home… Read More

May 21, 2017 Unfair Competition Damages Not Recoverable Under Computer Fraud and Abuse Act

On May 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in S… Read More

May 20, 2017 Fraud Claim Dismissed As Duplicative of Contract Claim

On May 5, 2017, Justice Singh of the New York County Commercial Division issued a decision in Solar … Read More

May 19, 2017 First Department Recognizes Multiple Theories For RMBS Trustee

On May 11, 2017, the First Department issued a decision in Bank of N.Y. Mellon v. WMC Mortgage, LLC,… Read More

May 18, 2017 Court Will Ignore Corporate Form When it is Used to Perpetrate a Fraud

On April 7, 2017, Justice Dufficy of the Queens County Commercial Division issued a decision in Nand… Read More

May 17, 2017 First-Filed New York Action Dismissed in Favor of More Comprehensive Texas Action

On May 9, 2017, the First Department issued a decision in IRX Therapeutics, Inc. v. Landry, 2017 NY … Read More

May 15, 2017 Demand of Complaint May Be Made Before Proof of Service is Filed

On May 4, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v. … Read More

May 14, 2017 Fraud Claim Dismissed for Lack of Reasonable Reliance

On April 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More

May 13, 2017 Sole Remedy for Fraud on Court in Prior Proceeding is Motion to Vacate Under CPLR 5015(a)(3)

On April 28, 2017, the Fourth Department issued a decision in MAA-Sharda, Inc. v. First Citizens Ban… Read More

May 12, 2017 Declaratory Judgment Claim Justiciable Even Though Option Had Not Yet Been Exercised

On April 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More

May 11, 2017 No-Oral-Modification Clause Precluded Defense That Bank Said it Would Refinance

On April 27, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More

May 10, 2017 Oral Contract Barred by Statute of Frauds

On May 4, 2017, the First Department issued a decision in Galopy Corp. Intl., N.V. v. Deutsche Bank,… Read More

May 9, 2017 Fiduciary Tolling Applied to Claim Seeking Both Legal and Equitable Relief

On April 20, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More

May 8, 2017 Short-Term, Worldwide Restrictive Covenant Enforced

On April 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More

May 7, 2017 Even if Statutory Basis for Attachment Met, Must be Showing Judgment Will Not Be Paid

On April 21, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More

May 6, 2017 No Veil Piercing Jurisdiction Unless Defendant Used Corporate Form to Harm or Defraud

On April 25, 2017, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More

May 5, 2017 Court of Appeals Affirms Dismissal of Fraudulent Inducement Claim for Failure to Plead "Actual Pecuniary Loss"

On May 2, 2017, the Court of Appeals issued a decision in Connaughton v. Chipotle Mexican Grill, Inc… Read More

May 4, 2017 Collateral Holder's Disposition of Collateral Was Reasonable

On April 27, 2017, the First Department issued a decision in Bank Leumi USA v. GM Diamonds, Inc., 20… Read More

May 3, 2017 Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on two proposed changes to the Comme… Read More

May 3, 2017 Court Enforces Settlement Agreement Where Defendants Accepted the Benefits Despite Parties’ Non-Compliance With a Contract Provision

On April 6, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More

May 2, 2017 Justice Bransten Updates Part Rules

Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More

May 2, 2017 Arbitration Provisions in Agreements Enforced Despite Claim That Agreements Were Invalid

On April 14, 2017, Justice Singh of the New York County Commercial Division issued a decision in Sou… Read More

May 1, 2017 Justices Chimes and Nowak Post Part Rules

Justices Deborah Chimes and Henry J. Nowak of the Eighth Judicial District Commercial Division recen… Read More

May 1, 2017 Settlement Agreement's Release and Integration Clause Barred Fraudulent Inducement Claims

On April 18, 2017, Justice Singh of the New York County Commercial Division issued a decision in Glo… Read More

April 30, 2017 Breach of Contract Claim Dismissed: Counteroffer Extinguished Offer

On April 17, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Kei… Read More

April 29, 2017 Fraudulent Inducement Claim Dismissed For Failure to Allege Due Diligence

On April 7, 2017, Justice Bransten of the New York County Commercial Division issued a decision in D… Read More

April 28, 2017 Continuous Representation Doctrine Inapplicable if Limitation Period Set By Contract, Not Statute

On April 20, 2017, the First Department issued a decision in Aaron v. Deloitte Tax LLP, 2017 NY Slip… Read More

April 27, 2017 Motion Extending Time to Serve Made 18 Months After Service Was Contested Not Improperly Granted

On April 20, 2017, the First Department issued a decision in Deutsche Bank, AG v. Vik, 2017 NY Slip … Read More

April 26, 2017 Insurer Required to Provide Coverage Because of Flaws in its Letter Disclaiming Coverage

On April 19, 2017, the Second Department issued a decision in Unified Window Systems, Inc. v. Endura… Read More

April 25, 2017 Communications With Insurance Brokers Not Privileged

On April 17, 2017, Justice Bransten of the New York County Commercial Division issued a decision in … Read More

April 24, 2017 Defendant Need Not Make Misrepresentations to be Liable for Aiding and Abetting Fraud

On April 13, 2017, Justice Bransten of the New York County Commercial Division issued a decision in … Read More

April 23, 2017 Action Dismissed for Failure Timely to Respond to Demand for Complaint

On February 21, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More

April 22, 2017 Collateral Estoppel Does Not Bar Claims Regarding Painting's Ownership

On April 18, 2017, the First Department issued a decision in Reif v. Nagy, 2017 NY Slip Op. 02920, h… Read More

April 21, 2017 Court Rejects Late-Filed Opposition to Motion

On April 3, 2017, Justice Whelan of the Suffolk County Commercial Division issued a decision in Nati… Read More

April 20, 2017 Plaintiff Lacked Standing to Bring Derivative Claims on Behalf of LLC

On April 12, 2017, Justice Oing of the New York County Commercial Division issued a decision in Poko… Read More

April 19, 2017 Plaintiff And Defendant’s Counsel Both Disqualified Due To Simultaneous Conflicted Representations

On March 3, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in G… Read More

April 18, 2017 Extrinsic Evidence May be Admitted Prior to Exclusion Being Strictly Construed Against Insurer

On April 13, 2017, the First Department issued a decision in Heartland Brewery, Inc. v. Nova Casualt… Read More

April 17, 2017 RMBS Plaintiff's Claims Dismissed Because of Failure Properly to Assign Tort Claims

On April 12, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Roy… Read More

April 16, 2017 Appeal Dismissed Because Notice of Appeal Filed More Than 30 Days After Notice of Entry

On April 11, 2017, the First Department issued a decision in Hill Dickinson LLP v. Il Sole Ltd., 201… Read More

April 15, 2017 Striking Answer as Discovery Sanction Upheld

On April 12, 2017, the Second Department issued a decision in Mears v. Long, 2017 NY Slip Op. 02782,… Read More

April 14, 2017 Full Amount of Defense Costs in Underlying Action Recoverable as Damages for Wrongful Attachment

On April 11, 2017, the First Department issued a decision in Citibank, N.A. v. Keenan Powers & Andre… Read More

April 13, 2017 Upcoming Arguments of Interest in the Court of Appeals

Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators inc… Read More

April 12, 2017 No Conspiracy to Breach Fiduciary Duty Claim When Underlying Tort Not Alleged

On March 29, 2017, Justice Oing of the New York County Commercial Division issued a decision in Sira… Read More

April 11, 2017 Collateral Manager Not Entitled to Expense Payments Greater Than Provided by Contract

On March 31, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More

April 10, 2017 Transfer Agent Not Bound By Forum Selection Clause in Notes

On March 30, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More

April 9, 2017 Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed

On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More

April 8, 2017 Person Who Signed Agreement on Behalf of LLC Before LLC Was Formed Can Be Held Personally Liable

On April 6, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc. v.… Read More

April 7, 2017 Negligent Representation Claim Fails; No Special Relationship

On April 4, 2017, the First Department issued a decision in Coöperative Centrale Raiffeisen-Boerenl… Read More

April 6, 2017 Questions of Fact Regarding When Representation Ended Precluded Dismissal of Malpractice Claim

On April 5, 2017, the Second Department issued a decision in Stein Industries, Inc. v. Certilman Bal… Read More

April 5, 2017 RMBS Settlement Proceeds Must Be Distributed As Provided By Terms of Agreements

On March 31, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More

April 3, 2017

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

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