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

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November 22, 2021 Summary Judgment on Breach of Contract Claim Not Appropriate Where Contract is Ambiguous
On October 1, 2021, the Fourth Department issued a decision in Dunn Auto Parts, Inc. v Wells, 2021 NY Slip Op 05185 holding that where a contract’s terms are ambiguous, it is not proper for the court to grant summary judgment because only a finder of fact can determine the intent of the parties. Read More
November 8, 2021 First Department Affirms Entitlement to Summary Judgment Against Guarantor of Commercial Lease On Liability But Determines Issues of Fact Remain As To Damages
On September 28, 2021, the First Department issued a decision in ALQ, LLC v. Peter Kane., 2021 NY Slip Op 05071, First Department Case No. 2020-02337, affirming an order of Justice Andrew Borrok granting summary judgment to plaintiff against defendant guarantor as to liability on a commercial lease, but modified the order to deny the motion as to the amount of damages. The Court explained: Read More
November 5, 2021 New Commercial Division Rule to Permit Virtual Evidentiary Hearings and Bench Trials
On October 19, 2021, Chief Administrative Judge Lawrence K. Marks promulgated new Rule 36 of the Commercial Division Rules, which expressly permits evidentiary hearings and bench trials to be held virtually. The new rule, which becomes effective December 13, 2021, now expressly permits what most Commercial Division justices were already doing--holding hearings and bench trials virtually. The rule also permits the court to allow a witness or party to participate in an evidentiary hearing or bench trial virtually, even if the hearing or trial is otherwise being held in person. The rule is limited to instances in which all parties consent, and expressly does not address (one way or another) the issue of when all parties do not consent. The new rule is as follows: Read More
October 20, 2021 Prior Decision in Minnesota Court Against Borrower Precluded Guarantor From Raising Issue in New York
On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski… Read More
October 18, 2021 Failure to Challenge All Grounds of Summary Judgment Motion Made Appeal Academic
On September 29, 2021, the Second Department issued a decision in Dorce v Family Dollar Stores of N.… Read More
October 15, 2021 Minority Shareholders Could Not Claim Fraudulent Inducement Due To Letter Release
On October 5, 2021, the First Department issued a decision in Silver Point Capital Fund, L.P. v. Riv… Read More
October 8, 2021 Settlement Agreement Providing that Trustees to Distribute Shares as if "Subsequent Recovery" Ignored as "Gap Filler"
On August 19, 2021, in Matter of Wells Fargo Bank v Aegon USA Inv. Mgt., LLC, 2021 NY Slip Op 04740,… Read More
October 6, 2021 Summary Judgment for Breach of Contract Denied Where Plaintiff Failed to Show it Satisfied Contractual Condition Precedents to Terminate for Cause
On August 25, 2021, in Turner Towers Tenant Corp. v RCI Plumbing Corp., 2021 NY Slip Op 04774, the S… Read More
October 4, 2021 Court Enjoins Dilution of Membership Interest Despite Past Practice
On August 25, 2021, in Lengyel-Fushimi v. Bellis, et al., Kings Supt. Ct. Index No. 512764/2021… Read More
October 1, 2021 Justice Gianelli Appointment to Nassau County Commercial Division
On September 24, 2021, Justice Sharon Gianelli was appointed to the Nassau County Commercial Divisio… Read More
September 29, 2021 Summary Judgment for Mechanic's Lien Inappropriate Where Defendant Failed to Account for All Items Listed in Lien Statement
On September 15, 2021, the Second Department issued a decision in J&M Indus., Inc. v Red Apple 1… Read More
September 27, 2021 Conflicting Expert Opinions Sufficient to Defeat Summary Judgment in Medical Malpractice Case
On May 2, 2019,  Justice Jamieson of the Westchester County Commercial Division issued a decision i… Read More
September 24, 2021 Claim for Tortious Interference With Business Relations Fails Because Defendant Acted In Self Interest
On July 28, 2021, the Second Department issued a decision in Stuart's LLC v. Edelman, 2021 N.Y.… Read More
September 17, 2021 No-Action Provisions Did Not Mandate Dismissal Of Plaintiffs’ Claims
On August 16, 2021, Justice Joel M. Cohen issued a decision in Audax Credit Opportunities Offshore L… Read More
September 13, 2021 Courts Will Not Imply a Contract When There Is an Express Written Agreement
On August 24, 2021, Justice Ostrager of the New York Commercial Division issued a decision in Tri-Ci… Read More
September 10, 2021 RPAPL Broad Standing Rules Inapplicable Where Claim Really About Ownership of LLC
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip O… Read More
September 3, 2021 Labor Law § 240 Imposes Absolute Liability Where a Violation of the Statute is a Proximate Cause of the Injury
On August 26, 2021, the Fourth Department issued a decision in Miller v. Rerob, LLC, 2021 NY Slip Op… Read More
September 1, 2021 Worker Injured While Replacing Fan in Building that Required Replacement "All the Time" Cannot Sue Under Labor Law § 240(1)
On July 28, 2021, the Second Department issued a decision in Stockton v. H&E Biffer Enters. No. … Read More
August 30, 2021 A Party's Motion to Intervene Pursuant to C.P.L.R. 1012 Must Be Timely
On August 4, 2021, the Second Department issued a decision in 1077 Madison St., LLC v. Dickerson, 20… Read More
August 27, 2021 Co-Op Owner Required to Pay Use and Occupancy For Maintenance Pendente Lite
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 20… Read More
August 23, 2021 Under Principle of Ejusdem Generis, Use of “Any and All” In Contract Clause Before List of Specific Activities Does Not Expand Clause Beyond Activities Specified
On July 30, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in L… Read More
August 20, 2021 Contract Clause Waiving Right to Challenge Jurisdiction of the Courts of the State of New York Insufficient to Waive Venue Challenge
On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meri… Read More
August 18, 2021 A Creditor is Only Entitled to Recover Past Due Installments on Defaulted Note Absent an Acceleration Clause
On July 9, 2021, the Fourth Department issued a decision in Estate of Kathryn Essig v. Essig, 2021 N… Read More
August 16, 2021 Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began
On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip … Read More
August 12, 2021 Financial Difficulties Due to COVID-19 Pandemic No Excuse for Failure to Pay Pursuant to Settlement Agreement
On June 9, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Ma… Read More
August 11, 2021 Attorney's Response to Email Agreeing to Settle Case Sufficient to Form a Valid Enforceable Settlement Agreement
On July 16, 2021, the Fourth Department issued a decision in Field v. Pet Haven, Inc., (2021 NY Slip… Read More
August 10, 2021 One Party Cannot Unilaterally Waive Jointly-Held Attorney-Client Privilege Without the Consent of Other Parties
On July 22, 2021, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone Hold… Read More
August 9, 2021 Contract Clause Capping Damages Absent Willful Conduct Must Be Enforced Where Breaching Party's Conduct was Merely Intentional Nonperfomance
On July 15, 2021, the First Department issued a decision in MUFG Union Bank, N.A. v. Axos Bank, et a… Read More
July 16, 2021 Attorney's Standard E-mail Signature Block Sufficient to Create Binding Agreement
On July 08, 2021, the First Department issued a decision in Matter of Philadelphia Ins. Indem. Co. v… Read More
July 10, 2021 Action Must be Dismissed if Plaintiff Fails to Seek a Default Judgment Within One Year
On July 7, 2021, the Second Department issued a decision in US Bank N..A. v. Davis, 2021 NY Slip Op.… Read More
July 9, 2021 Tax Returns Are Not 3211(a)(1) Documentary Evidence
On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matte… Read More
July 8, 2021 Agreement to Set-Off Future Payments by Amount of Unpaid Debt Not Improper Agreement to Extend Statute of Limitation Prior to Accrual of Claim
On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P.,… Read More
July 4, 2021 Negligent Misrepresentation Claim Fails for Failure Adequately to Allege Special Relationship
On July 1, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Berks… Read More
July 3, 2021 Offering Circular Cannot be Used to Help Interpret an Unambiguous Indenture
On June 28, 2021, Justice Reed of the New York County Commercial Division issued a decision in In th… Read More
July 1, 2021 Breach of Fiduciary Duty Claim Dismissed for Lack of Damages
On June 24, 2021, the First Department issued a decision in Besen v. Farhadian, 2021 NY Slip Op. 040… Read More
June 28, 2021 Defamation Claim Dismissed Based on Absolute Litigation Privilege
On June 17, 2021, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price He… Read More
June 27, 2021 Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability
On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. Pricew… Read More
June 26, 2021 Award Vacated Because it was Issued After the Deadline Set by the Parties
On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matt… Read More
June 25, 2021 Forum Selection Clause Mandating Federal Forum is Unenforceable When There is No Federal Jurisdiction
On May 28, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Melr… Read More
June 23, 2021 Agents for a Partially-Disclosed Principal Bound by Agreement's Arbitration Provision
On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narra… Read More
June 22, 2021 Allegations the Release Was Procured by Fraud Fail When the Alleged Fraud is the Fraud That is the Subject of the Release
On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ch… Read More
June 21, 2021 Bill of Particulars Not a Discovery Device
On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., … Read More
June 20, 2021 When Forum Selection Clause Submitting Only to Federal Jurisdiction is Unenforceable, Parties May Bring Suit in Other Jurisdiction
On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serfa… Read More
June 19, 2021 Broadly-Worded Arbitration Provision Leaves Decision on Whether a Claim is Arbitrable to the Arbitrators
On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
June 18, 2021 Defendant Liable for Terminating Contract Without Observing Contract's Notice and Cure Provision
On June 3, 2021, the First Department issued a decision in Alloy Advisory, LLC v. 503 W. 33rd St. As… Read More
June 17, 2021 Party May Amend Complaint as of Right While Motion to Dismiss is Pending
On May 20, 2021, the First Department issued a decision in Roam Capital, Inc. v. Asia Alternatives M… Read More
June 16, 2021 Statute Barring Lease Provisions That Prohibit Tenants from Seeking a Yellowstone Injunction Does Not Apply to Leases Effective Before the Statute was Enacted
On April 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 159 MP… Read More
June 15, 2021 Liquidated Damages Provision Based on Notice of Intention to Redevelop Property Not Enforceable When Tenancy Not Terminated
On May 25, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Prad… Read More
June 14, 2021 Party to Agreement Not to Disclose Ongoing Negotiations Can Be Held Liable for Time and Money Spent on Negotiations
On May 18, 2021, the First Department issued a decision in Garda USA, Inc. v. Sun Capital Partners, … Read More
June 13, 2021 Broker Not Entitled to Commission Because it was not the Procuring Cause of the Sale
On May 20, 2021, the First Department issued a decision Capin & Assoc., Inc. v. Herskovitz, 2021… Read More
June 12, 2021 Alleged Failure of Law Firm to Have a Written Engagement Letter Insufficient Basis to Vacate Arbitral Award in Fee Dispute
On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP… Read More
June 11, 2021 Unjust Enrichment and Breach of Contract Claims Not Duplicative When There is a Question of Fact Regarding the Existence of a Contract
On May 27, 2021, the First Department issued a decision in CIP GP 2018, LLC v. Koplewicz, 2021 NY Sl… Read More
June 10, 2021 Party Not Entitled to Rescission of Contract When it Had An Adequate Remedy at Law
On May 20, 2021, the First Department issued a decision in Sky Coverage Inc. v. Alwex Inc., 2021 NY … Read More
June 9, 2021 Action Dismissed As Impermissible Duplicative Foreclosure Action
On May 5, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Flushing… Read More
June 8, 2021 Theft of Funds in Lawyer's Trust Account Insufficient Basis for a Claim for Conversion
On June 1, 2021, the First Department issued a decision in SH575 Holdings LLC v. Reliable Abstract C… Read More
June 7, 2021 Allegations of Plaintiff's Due Diligence Sufficient to Establish its Reasonable Reliance Necessary to State Fraud Claim
On May 27, 2021, the First Department issued a decision in Bullen v. CohnReznick, LLP, 2021 NY Slip … Read More
June 6, 2021 First Department Upholds Forum Non Conveniens Dismissal
On May 27, 2021, the First Department issued a decision in EPK Brand, Inc. v. Leret, 2021 NY Slip Op… Read More
June 5, 2021 Brokers Not Transferees for Purposes of Fraudulent Conveyance Claim
On June 1, 2021, the First Department issued a decision in McCormack Family Charitable Found. v. Fid… Read More
June 4, 2021 Summary Judgment of Foreclosure Denied Because of Lack of Admissible Evidence of Payment Default
On May 7, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Majestic… Read More
June 3, 2021 Correspondent Bank Relationships, Without More, are Insufficient Basis for Personal Jurisdiction
On May 13, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Malae… Read More
June 2, 2021 Court Grants Order Allowing Late Answer When Delay Was Short and There Was No Prejudice to the Plaintiff
On May 11, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Old Rep… Read More
June 1, 2021 Common Law Indemnification Claim Dismissed Because Party Seeking Indemnification Allegedly Participated in the Wrong-Doing
On May 12, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Boar… Read More
May 31, 2021 Trespass to Chattels Claim Dismissed for Lack of Allegations Showing That Plaintiff was Deprived of its Property for a Substantial Time
On May 17, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
May 30, 2021 The Parties' Course of Dealing Called Into Question the Effect of a Release
On May 19, 2021, the Second Department issued a decision in United Airconditioning Corp. v. Axis Pip… Read More
May 29, 2021 Yellowstone Injunction Undertaking Cannot Be Used to Pay Use and Occupancy
On May 25, 2021, the First Department issued a decision in Booston LLC v. 35 W. Realty Co., LLC, 202… Read More
May 27, 2021 Pandemic Does Not Excuse Commercial Tenant's Obligations Under Lease
On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo … Read More
May 26, 2021 Fraudulent Inducement Claim Survives Despite Defendant's Argument That Plaintiff Failed to Exercise Due Diligence
On May 25, 2021, the First Department issued a decision in VXI Lux Holdco, S.A.R.L. v. SIC Holdings,… Read More
May 24, 2021 Service of a Subpoena on One Member of a Partnership is Insufficient to Compel the Appearance of Another Partner
On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v… Read More
May 23, 2021 Fraud Claim Cannot be Based on Misrepresentations of an Intention to Perform a Contract
On May 13, 2021, the First Department issued a decision in 320 W. 115 Realty LLC v. All Bldg. Constr… Read More
May 22, 2021 Questions of Fact Preclude Dismissal of Section 12 Claim on the Ground that Defendants Were Not Statutory Sellers
On May 14, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Erie… Read More
May 21, 2021 Tolling of Statute of Limitations Against Fiduciary Based on Fiduciary's Concealment of Facts Cannot Be Based on Same Conduct That is the Basis for the Cause of Action
On May 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in F.W. … Read More
May 20, 2021 Deficiencies in Notice and Demand to Cure Bar Eviction
On April 2, 2021, Justice Walker of the Erie County Commercial Division issued a decision in Ronald … Read More
May 17, 2021 Tortious Interference with Prospective Business Relations Claim Fails for Lack of Factual Allegations of Bad Conduct
On March 1, 2021, Justice DeStefano of the Nassau County Commercial Division issued a decision in A.… Read More
May 14, 2021 Defendant Waived Objection to Service By Failing to Raise it in Pre-Answer Motion to Dismiss
On May 4, 2021, the First Department issued a decision in J.G. Jewelry Pte. Ltd. v. TJC Jewelry, Inc… Read More
May 13, 2021 Nonsignatory of Agreement Containing Arbitration Clause Can Compel Arbitration Because of its Close Relationship to Signatory
On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 202… Read More
May 11, 2021 When Parties Agree Only to a Narrow Agreement to AAA Arbitration, it is For the Court, Not to AAA, to Decide if a Claim is Arbitrable
On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Met… Read More
May 10, 2021 Questions of Fact Preclude Dismissal of Claims Against Indenture Trustee, Rejecting Argument That its Duties Were Merely Ministerial
On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmin… Read More
May 9, 2021 Common Law Indemnification Claim Fails When the Putative Indemnitee Settles its Claims
On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
May 8, 2021 Great Deference Afforded Arbitral Awards Leads Court to Refuse to Vacate Award
On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02… Read More
May 7, 2021 Lien Law Claim Not Defeated by Later Payment Out Of Non-Trust Assets
On April 30, 2021, the Fourth Department issued a decision in DiMarco Constructors, LLC v. Top Capit… Read More
May 6, 2021 General Objection to Obligation to Pay Bill Sufficient to Defeat Account Stated Claim
On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dra… Read More
May 5, 2021 Misrepresentations Causing Investor Not to Sell a Security (Holder Claims) Not Actionable Under New York Law
On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc.,… Read More
May 4, 2021 Fee Considered In Determining Whether Loan Was Usurious
On April 20, 2021, the First Department issued a decision in Salamone v. EIP Global Fund LLC, 2021 N… Read More
May 2, 2021 Breach of Contract Claim Dismissed for Failure to Allege Damages
On April 29, 2021, the First Department issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC… Read More
May 1, 2021 Continuing Wrong Doctrine Saves Claim From Dismissal on Statute of Limitations Grounds
On April 27, 2021, the First Department issued a decision in CWCapital Cobalt VR Ltd. v. CWCapital I… Read More
April 27, 2021 Party Asserting Unclean Hands Defense Must Have Been Injured by the Plaintiff's Misconduct
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
April 26, 2021 Fact Questions Preclude Dismissal of Claim Based on Oral Agreement to Purchase Real Estate on Statute of Frauds Grounds
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
April 25, 2021 Nonarbitrable Issues Can be Decided in an Arbitration When They Are Inextricably Intertwined With an Arbitrable Issue
On April 8, 2021, the First Department issued a decision in Protostorm, Inc. v. Foley & Lardner … Read More
April 24, 2021 Decisions on How to Liquidate Made by LLC's Managing Member Reviewed Under Deferential Business Judgment Rule
On April 6, 2021, the First Department issued a decision in Matter of FGLS Equity LLC, 2021 NY Slip … Read More
April 22, 2021 Court Soundly Rejects Attempt to Disqualify Arbitrators
On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Hun… Read More
April 21, 2021 Remedy for Prohibited Transfer is Voiding Transfer, Not Money Damages
On April 1, 2021, Justice Cohen of the New York County Commercial Division issued a decision in JDS … Read More
April 20, 2021 Duty to Notify Parties of Defective Loans in RMBS Trust Found to Be Separate Duty, Not Condition Precedent to Duty to Cure
On April 13, 2021, the First Department issued a decision in Matter of Part 60 RMBS Put - Back Litig… Read More
April 19, 2021 Good Faith and Fair Dealing Claim Rejected Because It Was Not Raised Until Summary Judgment
On April 13, 2021, the First Department issued a decision in Darabont v. AMC Network Entertainment L… Read More
April 18, 2021 Account Stated Defense Defeats Claim Based on Alleged Miscalculation of Payments
On April 13, 2021, the First Department issued a decision in Atsco Footwear Holdings, LLC v. KBG, LL… Read More
April 16, 2021 Continuous Representation Doctrine Saves Legal Malpractice Claim From Being Time-Barred
On April 1, 2021, the First Department issued a decision in Boesky v. Levine, 2021 NY Slip Op. 02059… Read More
April 15, 2021 Appeal Dismissed for Failure to Provide Proof of Service of the Record and Appeal Brief
On April 1, 2021, the First Department issued a decision in Kim v. Francis, 2021 NY Slip Op. 02072, … Read More
April 14, 2021 Incidental Beneficiaries Cannot Bring Third-Party Beneficiary Claims
On April 1, 2021, the First Department issued a decision in Levin v. Salvini, 2021 NY Slip Op. 02074… Read More
April 12, 2021 Waiver of Defenses in Guaranty Prevented Guarantor From Asserting Affirmative Defenses to Guaranty's Enforcement
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB… Read More
April 11, 2021 Predecessor Counsel in Contingency Action Denied Any Share of Contingency Fee
On March 31, 2021, the Second Department issued a decision in Robinson & Yablon, P.C. v. Sacco &… Read More
April 10, 2021 Expert Report and Damages Theory Excluded Because Defendant Was Not on Notice of Damages Theory
On March 30, 2021, the First Department issued a decision in Advanced Aerofoil Tech. AG v. MissionPo… Read More
April 9, 2021 Court Holds Non-Party in Contempt for Failing to Produce Documents in Response to Subpoena
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Imp… Read More
April 8, 2021 Court Rejects Overbroad Motion to Seal Records
On March 25, 2021, Justice Reed of the New York County Commercial Division issued a decision in Cort… Read More
April 7, 2021 Claim Related to Hacking of Client Data Dismissed for Lack of Damages
On March 30, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Kea… Read More
April 6, 2021 Release Did Not Bar Judiciary Law 487 Claim
On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City… Read More
April 5, 2021 To be Liable For a Fraudulent Transfer, the Defendant Must Have Been a Transferee or Otherwise Benefited From the Transfer
On March 25, 2021, the First Department issued a decision in Ninth Space LLC v. Goldman, 2021 NY Sli… Read More
April 4, 2021 Single Motion Rule Bars Reassertion of Arguments in Motion to Dismiss Amended Complaint that were Made and Lost in Earlier Motion to Dismiss
On March 23, 2021, the First Department issued a decision in Simon v. FrancInvest, S.A., 2021 NY Sli… Read More
April 3, 2021 Court Dismisses Affirmative Defense That Merely Seeks to Preserve the Right Later to Assert Additional Defenses
On March 19, 2021, Justice Masley of the New York County Commercial Division issued a decision in CF… Read More
April 2, 2021 Court Grants Summary Judgment In Lieu of Complaint Based on Settlement Agreement
On March 17, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Wi… Read More
April 1, 2021 Class Certification Denied Because Class Issues Did Not Predominate Over Individual Ones
On March 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Kale… Read More
March 31, 2021 Plaintiff May Not Terminate Contract Without Observing Contract's Termination Procedures
On February 28, 2021, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 30, 2021 Accountant May Rely On Information Provided By Client That Does Not Appear to Be Incorrect, Incomplete or Inconsistent
On March 25, 2021, the First Department issued a decision in Deane v. Brodman, 2021 NY Slip Op. 0184… Read More
March 29, 2021 Statute of Limitations for Breach of Fiduciary Duty Claim Based on Fraud is Six Years, Not Three
On March 25, 2021, the First Department issued a decision in Wimbledon Fin. Master Fund, Ltd. v. Hal… Read More
March 28, 2021 Dispute Over Amount Owed No Defense to Foreclosure Action
On March 12, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in VGM, … Read More
March 27, 2021 New York's Foreclosure Ban Did Not Bar Action for Foreclosure, Just Enforcement of the Judgment and Sale of Property
On March 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Nati… Read More
March 26, 2021 Evidentiary Hearing on Service Required When Defendant Overcomes Prima Facie Validity of Affidavit of Service
On March 19, 2021, the Fourth Department issued a decision in Garvey v. Global Asset Mgt. Solutions,… Read More
March 25, 2021 One Motion Rule Bars Parties' Second Motions for Summary Judgment
On March 19, 2021, the Fourth Department issued a decision in Magic Circle Films Intl., LLC v. Breon… Read More
March 24, 2021 Common Interest Privilege Does No Protect Materials Produced to the Federal Emergency Management Agency
On March 9, 2021, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
March 23, 2021 COVID Eviction Ban Does Not Bar Action for Money Judgment Against Corporate Tenant
On January 13, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Abl… Read More
March 22, 2021 Court Rejects Lack of Consideration Defense
On February 24, 2021, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
March 21, 2021 Litigant Waived Privilege By Failing Timely to Cure Inadvertent Production of Privileged Document
On March 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Alr… Read More
March 20, 2021 Plaintiff Not Granted Summary Judgment on Commercial Foreclosure Because of Lack of Admissible Evidence of Default
On February 26, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in BK… Read More
March 19, 2021 Covid Eviction Ban Did Not Require Dismissal of Commercial Foreclosure Actions
On March 4, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. B… Read More
March 18, 2021 Landlord Entitled Only to Reasonable Value of the Premises During Holdover Tenancy
On March 10, 2021, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc.… Read More
March 16, 2021 That LLC Was Not Formed When it Was Assigned Note Did Not Cause it to Lack Standing to Enforce Note
On March 10, 2021, the Second Department issued a decision in Torto Note Member, LLC v. Babad, 2021 … Read More
March 15, 2021 Party's Claims, Which Were Inconsistent With Claims it Successfully Advanced in Different Action, Barred by Judicial Estoppel
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v.… Read More
March 14, 2021 Court's Analysis of Debtor and Creditor Law Claims Illustrates Differences Between Various DCL Claims
On February 25, 2021, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 13, 2021 Court Erred in Issuing Injunction Where Party Seeking the Injunction Could be Made Whole by an Award of Money Damages
On March 4, 2021, the First Department issued a decision in Shelbourne BRF LLC v. SR 677 Bway LLC, 2… Read More
March 12, 2021 Acknowledgement of Debt Can Be Valid Even if it Contains Ambiguities
On March 4, 2021, the First Department issued a decision in Hawk Mtn. LLC v. RAM Capital Group LLC, … Read More
March 11, 2021 Referee Erred in Deciding a Contested Application Without Holding a Hearing
On February 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 52… Read More
March 10, 2021 Counsel Hired to Bring Claim For Benefit of a Corporation Cannot Be Sued for Malpractice by the Person Who Engaged Them; the Claim Belongs to the Corporation
On February 26, 2021, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 9, 2021 Travelling to New York for Preliminary Negotiations Insufficient Basis for Personal Jurisdiction
On February 25, 2021, the First Department issued a decision in USA Sevens LLC v. World Rugby Ltd., … Read More
March 7, 2021 Even Though Tenant Was in Default on Commercial Lease, It Did Not Lose Option to Renew, Which was Revived When the Tenant Cured the Default
On March 3, 2021, the Second Department issued a decision in Karr Graphics Corp. v. Spar Knitwear Co… Read More
March 6, 2021 Default Judgment Not Vacated Because Plaintiff Failed to Provide a Reasonable Excuse for Failing to Oppose Defendant's Motion
On March 3, 2021, the Second Department issued a decision in Ganach v. Milloul, 2021 NY Slip Op. 012… Read More
March 5, 2021 Foreclosure Action Properly Dismissed Because of the Failure of Plaintiff's Counsel to Appear at a Status Conference
On March 3, 2021, the Second Department issued a decision in Bank of Am., N.A. v. Sofer, 2021 NY Sli… Read More
March 3, 2021 Party That Contracted With Non-Existent Company Cannot Avoid Obligations Under the Contract to the Persons Who Signed it
On February 24, 2021, the Second Department issued a decision in Sutton v. Houllou, 2021 NY Slip Op.… Read More
March 2, 2021 Loss of Patent Protection Caused by Client's Failure to Give its Counsel Correct Facts Cannot Be Basis for Malpractice Claim
On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 1, 2021 Pandemic Not Basis for Refusal to Pay Rent Under Commercial Lease
On January 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 28, 2021 Exchange of E-Mails Insufficient to Create Contract, but Could Serve as Basis of Unjust Enrichment Claim
On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant… Read More
February 27, 2021 Second Department Upholds Sanction for Failure to Appear at Deposition
On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. … Read More
February 26, 2021 Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure
On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bri… Read More
February 25, 2021 Plaintiffs Cannot Avoid Application of Liquidated Damages Clause
On February 8, 2021, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 24, 2021 Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly,… Read More
February 23, 2021 Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 22, 2021 Plaintiff Fails to Make Strong Showing Needed to Avoid Enforcement of Forum Selection Clause
On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 21, 2021 Defamation Claim Dismissed Because Statements Complained of Were Statements of Opinion
On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners,… Read More
February 20, 2021 State AG Can Bring Breach of Contract Claim Against Investment Advisor Under Parens Patriae
On February 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 19, 2021 Dismissal for Failure Timely to Move for Default Judgment, Without More, Not Dismissal for Failure to Prosecute for CPLR 205 Purposes
On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo B… Read More
February 18, 2021 Even When Process Server Did Not Testify, Conclusory Denials of Receipt of Service Insufficient to Rebut Presumptive Validity of Affidavit of Service
On February 9, 2021, the First Department issued a decision in Eros Intl. PLC v. Mangrove Partners, … Read More
February 17, 2021 Overlapping Ownership and Common Office Space Alone Insufficient to Support Veil Piercing Claim
On February 11, 2021, the First Department issued a decision in Suverant LLC v. Brainchild, Inc., 20… Read More
February 16, 2021 Party Did Not Put Privileged Communications At Issue Where Claims Could be Litigated Without Relying on Privileged Communications
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd… Read More
February 15, 2021 Court Upholds Nail and Mail Service
On February 1, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 13, 2021 Broker's Dispute Not Covered by FINRA Arbitration Rules
On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. … Read More
February 12, 2021 Court Erred in Quashing Subpoena Given Broad Scope of Discovery
On February 5, 2021, the Fourth Department issued a decision in M&T Bank Corp. v. Moody's Invs. … Read More
February 11, 2021 Notice to Admit Cannot Request Admissions That Go to the Heart of the Parties' Dispute
On February 4, 2021, Justice Reed of the New York County Commercial Division issued a decision in 47… Read More
February 7, 2021 Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 6, 2021 Forum Selection Clause Mandating Federal Forum Cannot Serve as Basis for Jurisdiction in New York State Court
On January 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in P… Read More
February 5, 2021 Court Should Have Ordered Necessary Parties to be Added to Case Rather Than Dismissing it
On February 3, 2021, the Second Department issued a decision in Ji Juan Lin v. Bo Jin Zhu, 2021 NY S… Read More
February 4, 2021 Sections 11 and 12 Claim Accrual Not Based on When Damages from Drop in Stock Price Occurred
On February 2, 2021, the First Department issued a decision in Matter of Dentsply Sirona, Inc., 2021… Read More
February 1, 2021 Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine
On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00… Read More
January 30, 2021 Corporation May Avoid Prohibition on Corporation Appearing Pro Se by Assigning Claim
On January 14, 2021, Justice Sherwood of the New York County issued a decision in Anthony T. Rinaldi… Read More
January 29, 2021 Traverse Hearing Required When Defendant Defeats Prima Facie Validity of Affidavit of Service
On January 20, 2021, the Second Department issued a decision in US Bank N.A. v. Joseph, 2021 NY Slip… Read More
January 28, 2021 Fraud Claim Fails for Lack of Justifiable Reliance
On January 19, 2021, the First Department issued a decision in United Natural Foods, Inc. v. Goldman… Read More
January 27, 2021 Account Stated Claim Prevails Because of Defendant's Failure Timely to Object to Invoices
On January 19, 2021, the First Department issued a decision in Law Off. of Mark S. Helweil v. Karamb… Read More
January 26, 2021 Non-Consumer Can Bring GBL 349 Claim if Public at Large Has Been Harmed
On January 19, 2021, the First Department issued a decision in KS Trade LLC v. International Gemolog… Read More
January 25, 2021 Contract's Requirement That Party Accept "Reasonable" Purchase Offers Enforceable
On January 13, 2021, the Second Department issued a decision in LMEG Wireless, LLC v. Farro, 2021 NY… Read More
January 24, 2021 Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104… Read More
January 23, 2021 Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More
January 22, 2021 Court Denies Motion to Seal Documents Because of Failure to Prove Their Sensitivity
On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
January 21, 2021 Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in V… Read More
January 20, 2021 Former Client Can Bring Breach of Contract as Well as Malpractice Claims Against Counsel
On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Wi… Read More
January 19, 2021 Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit
On January 05, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY S… Read More
January 18, 2021 Verified Complaint Has Same Effect as an Affidavit
On December 24, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 17, 2021 Law of the Case Doctrine Applies to Actions Consolidated for Trial
On December 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 16, 2021 Res Judicata Bars Plaintiff From Relitigating Previously-Litigated Claims
On January 5, 2021, the First Department issued a decision in Bauhouse Group I, Inc. v. Kalikow, 202… Read More
January 15, 2021 Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud
On December 30, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
January 14, 2021 Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims
On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 202… Read More
January 13, 2021 Mutual Mistake Claim Fails
On December 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
January 12, 2021 Court Finds Defendant Bound by Indemnification Provision
On December 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 11, 2021 Shareholder of Dissolved LLC Has Standing to Bring Derivative Action
On December 9, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
January 10, 2021 Conflict Claims Insufficient for Derivative Claim to Survive
On December 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
January 9, 2021 Motion for Renewal Denied For Failure to Justify Late Submission of Evidence
On December 29, 2020, the First Department issued a decision in Wang v. LaFrieda, 2020 NY Slip Op. 0… Read More
January 8, 2021 Mere Denial of Receipt of Service Insufficient to Overcome Affidavit of Service
On December 23, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
January 7, 2021 First Department Upholds False Claims Act Claims Related to the Issuance of VRDOs
On December 29, 2020, the First Department issued a decision in State of New York ex rel. Edelweiss … Read More
January 5, 2021 Court Erred in Dismissing Action for Failure to Prosecute
On December 23, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. He… Read More
January 4, 2021 Lien Recorded Under Debtor's Correct Surname Valid Even Though First Name Was Incorrect
On December 23, 2020, The Appellate Division, Second Department issued a decision in Myrtle 684, LLC… Read More
January 3, 2021 Offering Services in New York Insufficient Basis for General Jurisdiction Over Out-of-State Company
On December 17, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 2, 2021 Court Recognizes Claim for Successor Liability
On December 14, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 1, 2021 Non-Signatories Not Bound by Agreement's Arbitration Provision
On December 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 31, 2020 Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery
On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 30, 2020 Gross Negligence Claims Cannot Overcome Sole Remedy Clause
On December 22, 2020, the Court of Appeals issued a decision in Matter of Part 60 Put-Back Litig., 2… Read More
December 29, 2020 Prevention Doctrine Bars Defendant's Reliance on its Own Failure to Perform
On December 22, 2020, the First Department issued a decision in Vector Media, LLC v. Golden Touch Tr… Read More
December 28, 2020 Breach of Fiduciary Duty Claim Must Be Dismissed Where Duplicative of Breach of Contract Claim
On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More
December 28, 2020 Parties Bound by Agreement to Beth Din Arbitration
On December 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 27, 2020 FINRA Rules Held to Create Obligation to Arbitrate
On December 9, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 26, 2020 Restrictions on Stock Transfer in Corporate By-Laws Did Not Bar Transfer By Will
On December 11, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 25, 2020 Fraud Claims Dismissed for Failure to Perform Due Diligence
On December 15, 2020, the First Department issued a decision in MBF Clearing Corp. v. JPMorgan Chase… Read More
December 24, 2020 Fraud Claim Time-Barred Because Plaintiff Was on Inquiry Notice More Than Two Years Before Suit Filed
On December 8, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 23, 2020 That Another Party Has Produced Documents Does Not Excuse a Party From Producing the Same Documents if it Has Them
On December 7, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Azr… Read More
December 22, 2020 Plaintiff Denied Default Judgment Because of Failure to Submit Evidence of Liability
On December 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
December 21, 2020 Primary Jurisdiction Doctrine Calls for Dismissal of Lawsuit While Administrative Action Pending
On December 9, 2020, the Second Department issued a decision in New York Ind. Contrs. Alliance, Inc.… Read More
December 20, 2020 Breach of Fiduciary Claim Dismissed as Duplicative of Contract Claim Because it Was Based on Breach of Duties Assigned by Contract
On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More
December 19, 2020 Plaintiff Prevailing Party, Entitling it to Fees, Even Though it Only Was Awarded Nominal Damages
On December 8, 2020, the First Department issued a decision in Quik Park W. 57 LLC v. Bridgewater Op… Read More
December 18, 2020 Breach of Contract Claim Barred by Contract Provision Making Third-Party Quality Assessment Binding
On December 1, 2020, the First Department issued a decision in Curacao Oil N.V. v. Trafigura Pte. Lt… Read More
December 17, 2020 Court Rejects Effort to Avoid Pre-Judgment Interest
On December 2, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
December 16, 2020 Allegations That Directors Were Acquainted With Interested Party Insufficient Basis for Claim That They Were Not Disinterested
On December 03, 2020, the First Department issued a decision in Matter of Cadus Corp. Stockholders L… Read More
December 15, 2020 Notice Provisions Not Strictly-Enforced When Counterparty Receives Actual Notice and is Not Prejudiced
On October 14, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Go… Read More
December 14, 2020 Plaintiff Adequately Alleged Aid and Abetting Fraud Where Defendant Allegedly Devised Scheme That Was Used to Deceive Plaintiff
On December 1, 2020, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. KPMG… Read More
December 13, 2020 Written Acknowledgement of Debt Revives Statute of Limitations
On December 2, 2020, the Second Department issued a decision in Commodore Factors Corp. v. Deutsche … Read More
December 12, 2020 Judiciary Law Section 487 Claim Dismissed for Lack of Specific, Non-Conclusory Allegations
On December 2, 2020, the Second Department issued a decision in DeMartino v. Abrams, Fensterman, Fen… Read More
December 11, 2020 Whether Particular Words Are Defamatory Is for a Court to Determine in the First Instance
On December 3, 2020, the First Department issued a decision in Savitt v. Cantor, 2020 NY Slip Op. 07… Read More
December 10, 2020 Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 9, 2020 Plaintiff May Move for Summary Judgment in Lieu of Complaint on Guaranty Even if Interpretation of Guaranty Relies on Other Agreements
On November 20, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 8, 2020 Signed Acknowledgement of Debt Revives Time-Barred Claim
On November 25, 2020, the Second Department issued a decision in U.S. Bank, N.A. v. Mandracchia, 202… Read More
December 7, 2020 Complaint Struck as Discovery Sanction
On November 25, 2020, the Second Department issued a decision in Allstar Electronics, Inc. v. R. Sco… Read More
December 6, 2020 Corporate Officers Granted Indemnification Under BCL
On November 25, 2020, the Second Department issued a decision in Federico v. Brancato, 2020 NY Slip … Read More
December 5, 2020 Questions Regarding Application of Special Facts Doctrine Preclude Summary Judgment
On November 24, 2020, the First Department issued a decision in Sports Tech. Applications, Inc. v. M… Read More
December 4, 2020 Liquidated Damages Clause Found to be Unenforceable Penalty
On November 24, 2020, the Court of Appeals issued a decision in Trustees of Columbia Univ. in the Ci… Read More
December 3, 2020 Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More
December 2, 2020 Lost Profits Damages Not Available for New Business
On November 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 1, 2020 Integration Clause Bars Claim Based on Alleged Pre-Signing Promises
On November 17, 2020, the First Department issued a decision in Cambridge Invs. LLC v. Prophecy Asse… Read More
November 30, 2020 Admission to Existence and Essential Terms of Oral Agreement Defeats Statute of Frauds
On November 17, 2020, the First Department issued a decision in CAS Mkt'ing & Licensing Co. v. J… Read More
November 29, 2020 Forum Non Conveniens Dismissal Affirmed
On November 17, 2020, the First Department issued a decision in Diwan v. Grinberg, 2020 NY Slip Op. … Read More
November 28, 2020 Affidavit Attesting to the Contents of Business Records Without Attaching the Records Inadmissible Hearsay
On November 12, 2020, the Second Department issued a decision in Countrywide Home Loans Servicing, L… Read More
November 27, 2020 Settlement Agreement Involving the Sale of Real Property Unenforceable Under Statute of Frauds
On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip … Read More
November 26, 2020 Court Erred By Dismissing Action Sua Sponte for Failure to Prosecute
On November 12, 2020, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Brown, 20… Read More
November 25, 2020 Term Sheet Not Binding Because it was Contingent on Later, Formal Documentation
On November 12, 2020, the First Department issued a decision in McGowan v. Clarion Partners, LLC, 20… Read More
November 24, 2020 Mere Guarantor Bound by Agreement's Arbitration Clause
On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Broo… Read More
November 23, 2020 RMBS Trustee's Obligation to Hold the Trust's Contractual Rights and to Exercise Them For the Benefit of Certificateholders Includes Affirmative Duty to Enforce Those Rights
On November 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in W… Read More
November 22, 2020 Fraud Claim Based on Omissions Fails in Light of Disclosure that Not All Material Information Was Being Disclosed for Securities Law Reasons
On November 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 18, 2020 No Entitlement to Indemnification or Advancement In Suit Between Contracting Parties Unless Indemnification Provision Unequivocally Requires It
On November 05, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
November 17, 2020 E-Mail Between Counsel Cannot Form Binding Agreement if The E-Mail Does Not Have the Attorney's Typed E-Mail Signature
On October 23, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Dok… Read More
November 16, 2020 Tenant Not in Possession Cannot Rely on Equitable Rule Allowing for Late Renewal of Commercial Lease
On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
November 15, 2020 Bad Motive, Without More, Insufficient Basis for an Abuse of Process Claim
On November 4, 2020, Justice Hudson of the Suffolk County Commercial Division issued a decision in R… Read More
November 14, 2020 Domination of Corporation Without Abuse of Corporate Form Insufficient Basis for Veil Piercing Claim
On October 30, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 13, 2020 Contract Term Unreasonably Limiting Statute of Limitations Unenforceable
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in S… Read More
November 12, 2020 Incidental Equitable Claim Did Not Waive Right to Jury Trial
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 11, 2020 Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations
On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 10, 2020 Conclusory Allegations Doom Fraud Claim
On October 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 9, 2020 Tax Estoppel Defeats Claim
On October 29, 2020, the First Department issued a decision in Shyer v. Shyer, 2020 NY Slip Op. 0621… Read More
November 8, 2020 Conversion Claim Seeking Damages Arising From Contractual Breach Dismissed
On October 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 7, 2020 Dissolved Corporation Can Still Bring Lawsuit
On October 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 6, 2020 Parties' Course of Dealing Used to Interpret Ambiguous Contract Term
On October 22, 2020, the First Department issued a decision in China Privatization Fund (Del.), L.P.… Read More
November 5, 2020 Where Parties Have a Contract, Unjust Enrichment Claim Must be Dismissed
On October 22, 2020, the First Department issued a decision in ECD NY Inc. v. 616 First Ave. Dev. LL… Read More
November 4, 2020 Litigation Privilege Does Not Extend to Communications to Non-Party That Are Unrelated to the Litigation
On October 27, 2020, the First Department issued a decision in 3P-733, LLC v. Davis, 2020 NY Slip Op… Read More
November 3, 2020 Court Enforces Disclaimer of Fiduciary Duty
On October 20, 2020, the First Department issued a decision in La Scoula D'Italia Guglielmo Marconi … Read More
November 2, 2020 New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling
On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 202… Read More
November 1, 2020 "Notwithstanding" Clause in Indenture Controls Over Other Contract Terms
On October 22, 2020, the Court of Appeals issued a decision in CNH Diversified Opportunities Master … Read More
October 31, 2020 CPLR 3215(c) Requires Only That Plaintiff Move for Default Within One Year, Not That a Default Judgment Be Entered Within One Year
On October 14, 2020, the Second Department issued a decision in Onewest Bank, FSB v. Kanapathipillai… Read More
October 30, 2020 Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender
On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh &… Read More
October 29, 2020 Contract Based on Exchange of E-Mails Valid Where Material Terms Included in the E-Mails
On October 15, 2020, the First Department issued a decision in Lembo v. Rosania, 2020 NY Slip Op. 05… Read More
October 29, 2020 Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings
The Office of Court Administration has asked for public comment on a proposed new Commercial Divisio… Read More
October 28, 2020 Contract Void for Lack of Consideration
On October 13, 2020, the First Department issued a decision in Weisenfeld v. Iskander, 2020 NY Slip … Read More
October 27, 2020 Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 26, 2020 Court Issues Injunction, Enforcing Contract Term Providing that There Would be No Remedy At Law in the Event of Breach
On October 13, 2020, the First Department issued a decision in Vector Media, LLC v. Go New York Tour… Read More
October 25, 2020 Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction
On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 24, 2020 Tortious Interference Claim Fails Without Allegations of Wrongful Means
On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 23, 2020 CLE on New Commercial Division Hyperlinking Rules and Other Recent Rule Changes
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the pr… Read More
October 22, 2020 Letter of Credit Not 3213 instrument for the Payment of Money Only
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 21, 2020 Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
October 21, 2020 COVID-19 Pandemic No Excuse for Failing to Respond to Motion
On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 20, 2020 Court Should Not Have Vacated Default Judgment When Loan Servicer's Excuse Was "Confusion Regarding the Multiple Cases Filed in Multiple Counties"
On October 14, 2020, the Second Department issued a decision in Insiders Success Ventures, LLC v. On… Read More
October 19, 2020 Company's Counterclaims Against Minority Members and Former Executives Dismissed
On October 13, 2020, Justice Vito M. DeStefano of the Commercial Division of the Supreme Court of th… Read More
October 17, 2020 Court Rejects Allegation That Venue was Proper When Alleged Fraud Took Place Elsewhere
On October 9, 2020, the Fourth Department issued a decision in Harvard Steel Sales, LLC v. Bain, 202… Read More
October 17, 2020 Statute of Frauds Does Not Bar Quantum Meruit Claims
On October 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in K… Read More
October 16, 2020 Partial Payments Renewed Statute of Limitations
On October 7, 2020, the Second Department issued a decision in HSBC Bank USA, N.A. v. Macaulay, 2020… Read More
October 14, 2020 Court Cannot Vacate, Modify or Discharge Lien Law § 19 Lien Where There is no Defect on the Face of the Lien
On October 1, 2020, the First Department issued a decision in Pizzarotti, LLC v. FPG Maiden Lane LLC… Read More
October 13, 2020 Court Enforces Contract Provision Granting Prevailing Party Double its Attorneys' Fees
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
October 12, 2020 Upcoming Arguments in the Court of Appeals in October 2020
Upcoming arguments in the Court of Appeals in October 2020 that may be of interest to commercial lit… Read More
October 11, 2020 Party May Not Move to Amend a Pleading That Already Has Been Dismissed
On October 2, 2020, the Fourth Department issued a decision in Christiana Trust v. Rice, 2020 NY Sli… Read More
October 10, 2020 When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable
On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 9, 2020 Court Analyzes Question of Whether Producing Party May Redact Irrelevant Information
On September 25, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 8, 2020 Fiduciary Duty Claims Based on Joint Venture Fail Without Provision Providing for Sharing Losses as Well as Profits
On October 1, 2020, the First Department issued a decision in Shionogi Inc. v. Andrx Labs, LLC, 2020… Read More
October 7, 2020 Whether Employer is Responsible for Employee's Defamatory Statements is a Question of Fact
On October 2, 2020, the Fourth Department issued a decision in Elizabeth Votsis & Crave L&D, LLC v. … Read More
October 6, 2020 Commercial Division Rules Amended to Add Highly Confidential - Attorneys' Eyes Only Designation to Model Protective Order
On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protecti… Read More
October 5, 2020 Contract Made With A Municipality That Does Not Comply With Law is Unenforceable, Even Under a Quantum Meruit Theory
On September 22, 2020, Justice Walsh of the Westchester County Commercial Division issued a decision… Read More
September 30, 2020 Hyperlinking Now Mandatory in the Commercial Division
On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking t… Read More
September 29, 2020 Action Dismissed for Failure to File Note of Issue
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC… Read More
September 28, 2020 Court Bars Party From Changing its Arguments Based on Doctrine of Judicial Estoppel
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
September 27, 2020 Court Dismisses Petition to Dissolve LLC Because LLC Was Able to Conduct Business
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 26, 2020 Answer Struck Because of Defendant's Failure Appear at Court Conferences or Respond to Discovery Demands
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 25, 2020 Demand for a Bill of Particulars Vacated Because it Was Being Used as a Discovery Device
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 24, 2020 Law Firm Disqualified Because of Acquired Law Firm's Prior Representation of Opposing Party
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 23, 2020 Mariah Carey Entitled to Sanctions and Adverse Inference After Defendant Destroyed Relevant Evidence
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision a… Read More
September 23, 2020 Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded
On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 22, 2020 Undisclosed Principal May Sue on a Contract Made in its Agent's Name
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 21, 2020 Motion to Dismiss Under CPLR 3211 Not Proper Vehicle for Challenging Adequacy of Class Allegations
On September 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 20, 2020 Relator Not Entitled to Share of Settlement Negotiated by Government When Relator's Qui Tam Claims Were Dismissed
On September 14, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
September 19, 2020 Breach of Contract Claim Dismissed for Failure to Allege Damages
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 18, 2020 Transcripts and Videos of Arguments in the Court of Appeals for September 2020 Now Available
On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in… Read More
September 17, 2020 Party's Failure to Respond to Motion to Admit Excused When Questions Went to Disputed Issues
On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More
September 16, 2020 Consent to Jurisdiction In New York State Does Not Mean Consent to Venue in Any County in the State
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 15, 2020 Court Gives Defendant Opportunity to Cure Default
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 11, 2020 Breach of Contract and Fraud Claims Cannot Co-Exist if They Are Based on the Same Underlying Facts
On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud cla… Read More
September 10, 2020 Motion to Amend Granted; Delay and Additional Potential Liability Not Sufficient Grounds for Denial
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 9, 2020 Court Analyzes Application of Equitable Estoppel to Statute of Limitations
On August 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Fi… Read More
September 8, 2020 A Party's Death Stays an Action Until a Replacement Substitutes In
On August 14, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Atil… Read More
September 7, 2020 Fraud Claim Dismissed as Duplicative of Contract Claim
On August 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 5… Read More
September 6, 2020 A Claim for an Accounting May be Made Whenever a Fiduciary Relationship Exists
On August 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More
September 1, 2020 Answer to Amended Complaint May Contain Affirmative Defenses That Could Have Been, But Were Not, Raised in Initial Answer
On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04… Read More
August 31, 2020 Bringing an Action Maliciously An Insufficient Basis for an Abuse of Process Claim
On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04… Read More
August 30, 2020 Trust Beneficiary Cannot Sue On Behalf of Trust Unless She Has Made a Demand on the Trustee and the Trustee Has Refused
On August 27, 2020, the First Department issued a decision in Zachariou v. Manios, 2020 NY Slip Op. … Read More
August 27, 2020 No Jurisdiction Over Suit Arising From Events in China
On August 24, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
August 25, 2020 Consolidation Inappropriate Where Plaintiff in One Action is the Defendant in the Other
On August 14, 2020, Justice Masley of the New York County Commercial Division issued a decision in A… Read More
August 24, 2020 Fraudulent Inducement Claim Cannot Be Based on Alleged Lack of Intention to Perform a Contract
On August 19, 2020, the Second Department issued a decision in Cypress Med. Surgical Servs., LLC v J… Read More
August 23, 2020 Tortious Interference With a Prospective Business Relationship Claim Fails Without Allegations of Wrongful Means or Malicious Purpose
On August 10, 2020, Justice Masley of the New York County Commercial Division issued a decision in G… Read More
August 22, 2020 Defense Barred by Tax Estoppel
On August 20, 2020, the Fourth Department issued a decision in Rizzo v. National Vacuum Corp., 2020 … Read More
August 21, 2020 Standard for Amending a Complaint Lower Than Standard for Surviving a Motion to Dismiss
On August 19, 2020, the Second Department issued a decision in Katz v. Hampton Hills Assoc. Gen. Par… Read More
August 20, 2020 Motion to Vacate Denied Because of Unreasonable Delay in Making Motion
On August 19, 2020, the Second Department issued a decision in Pei Qi Chen v. Chen, 2020 NY Slip Op.… Read More
August 19, 2020 Court Refuses to Stay New York Action in Favor of Federal Action
On August 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Co… Read More
August 17, 2020 Forum Selection Clause in Personal Services Contract Not Enforceable
On July 15, 2020, Justice Masley of the New York County Commercial Division issued a decision in Set… Read More
August 15, 2020 Court Stays Lawsuit Pending Resolution of Prior Pending Arbitration
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in CMB… Read More
August 14, 2020 Counterclaims Timely Because They Related Back to Date of Complaint
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Off… Read More
August 13, 2020 Partnership Agreement Cannot Be Modified by Conduct
On August 6, 2020, the First Department issued a decision in A&F Hamilton Hgts. Cluster, Inc. v.… Read More
August 12, 2020 Plaintiff May Recover in Quasi-Contract From a Stranger to the Contract in the Interest of Justice
On July 30, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
August 11, 2020 Claim for Breach of Covenant of Good Faith and Fair Dealing Upheld Even Though it Sought the Same Damages as Breach of Contract Claim
On August 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Tr… Read More
August 10, 2020 Transfer of Ownership of a Tenant Does not Constitute an Assignment of a Lease
On August 2, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
August 8, 2020 Impleader Claim Not Limited to Indemnification for the First-Party Claims
On June 24, 2020, Joseph Risi of the Queens County Commercial Division issued a decision in Chinun L… Read More
August 7, 2020 Court Refuses to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel's Engagement
On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v… Read More
August 6, 2020 Statute of Frauds Does Not Bar Claim Based on Alleged Oral Partnership Agreement
On July 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bab… Read More
August 5, 2020 Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Uni… Read More
August 4, 2020 Claim Timely Under Borrowing Statute
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
August 3, 2020 Injunction Denied Because Alleged Harm Could be Remedied by an Award of Money Damages
On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Som… Read More
August 2, 2020 Plaintiff Was Not Entitled to RPL § 291's Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY … Read More
August 1, 2020 Court Allows Reverse Veil-Piercing Claims to Go Forward
On July 16, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 31, 2020 Accounting Claim Dismissed for Failure Adequately to Allege a Fiduciary Relationship
On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kar… Read More
July 30, 2020 Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant's Claim That He Did Not Live There
On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
July 29, 2020 Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis
To employers, having key employees sign non-competition agreements can be crucial to their business … Read More
July 29, 2020 Court Upholds Arbitrator's Sanctions Award
On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 28, 2020 Tortious Interference Claim Fails for Lack of Allegations of Malice or Illegal Means
On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan… Read More
July 27, 2020 Allegations Insufficient to Show Existence of a Joint Venture
On July 22, 2020, the Second Department issued a decision in MacKay v. Paesano, 2020 NY Slip Op. 041… Read More
July 26, 2020 Fee Charged to Forebear From Suing on Note Interest for Purposes of Usury Law
On July 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in S… Read More
July 23, 2020 Indenture Did Not Permit Trustee to Sue to Protect Investor's Rights Until There was an Event of Default
On July 16, 2020, Justice Schecter of the New York County Commercial Division issued a decision in U… Read More
July 22, 2020 Continuous Representation Doctrine Saves Legal Malpractice Action from Being Time-Barred
On July 15, 2020, the Second Department issued a decision in Keshner v. Hein Waters & Klein, 202… Read More
July 21, 2020 Court Grants Petition Staying Arbitration Because Claimant Failed to Use Pre-Arbitration Dispute Resolution Process
On July 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loca… Read More
July 20, 2020 Court Upholds Fraud Claim Based on Damages Resulting From Selling at a Fraudulently-Induced Deflated Price
On June 29, 2020, Justice Masley of the New York County Commercial Division issued a decision in Com… Read More
July 19, 2020 Court Vacates Preliminary Injunction Undertaking Because of Defendants' Failure to Obey the Injunction
On July 3, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Za… Read More
July 18, 2020 Action Dismissed for Failure to File Note of Issue
On July 2, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in So… Read More
July 17, 2020 Court Considers Constructive Dividends in Calculating Parties' Entitlement to Share of Company's Assets
On July 9, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Chun Y… Read More
July 16, 2020 Defendants Subject to Personal Jurisdiction in New York Based on Actions of their Agent
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.G. … Read More
July 15, 2020 Court Applies Continuing Wrong Doctrine to Find Breach of Contract Claims Timely
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Tsui … Read More
July 14, 2020 Alleged Errors in Applying Law Insufficient Basis for Challenging Arbitral Decision
On August 22, 2019, Justice Cohen of the New York County Commercial Division issued a decision in TC… Read More
July 12, 2020 Statements Made Counsel in an Internal Investigation Upon Which a Party Later Relied Are Party Admissions
On July 9, 2020, the First Department issued a decision in Angiolillo v. Christie's, Inc., 2020 NY S… Read More
July 11, 2020 Court Analyzes Rules Relating to Timely Moving to Confirm an Arbitral Award
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stai… Read More
July 10, 2020 Account Stated Claim Fails Because of Plaintiff's Irregular Billing Practices
On July 1, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in F… Read More
July 9, 2020 Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF In… Read More
July 8, 2020 Complaint Dismissed for Failure to Seek Default Judgment Within One Year
On July 1, 2020, the Second Department issued a decision in 16501 Jamaica Ave., LLC v. Hara, 2020 NY… Read More
July 7, 2020 Tortious Interference with Prospective Business Relations Claim Fails for Lack of Evidence of Wrongful Means or Malice
On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY… Read More
July 7, 2020 Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regardin… Read More
July 6, 2020 Delay in Moving to Amend No Basis for Denying Motion if There is no Prejudice
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dua… Read More
July 5, 2020 Fraud Claim Cannot be Based on Lost Profits
On June 25, 2020, the First Department issued a decision in Arena Riparian LLC v. CSDS Aircraft Sale… Read More
July 4, 2020 Accountants Did Not Have Fiduciary Duty to Client
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dea… Read More
July 3, 2020 Specific Representations and Warranties Control Over General "As Is" Clause
On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in V… Read More
July 2, 2020 Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service
On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Pate… Read More
July 1, 2020 Funding Litigation Does Not Violate Champerty Statute
On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT)… Read More
June 30, 2020 Prima Facie Tort Claim Fails Because Defendants Were Motivated By More Than Disinterested Malevolence
On June 4, 2020, Justice Borrok of the New York County Commercial Division issued a decision in LSG … Read More
June 29, 2020 Derivative Action Dismissed for Failure to Give Board Adequate Time to Respond to Demand
On April 4, 2020, Justice Masley of the New York County Commercial Division issued a decision in D. … Read More
June 28, 2020 Court of Appeals Accepts Certified Questions Relating to Usury
On June 23, 2020, the Court of Appeals accepted two pairs of certified questions--one from the Unite… Read More
June 27, 2020 Derivative Claims Based on Misconduct of Corporate Officers Barred by In Pari Delicto Doctrine
On June 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Rutig… Read More
June 26, 2020 That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective
On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fi… Read More
June 25, 2020 Tax Returns Not Discoverable Without Strong Showing That Information is Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Safir… Read More
June 24, 2020 Securities Act Section 11 and 12 Claims Not Subject to Heightened CPLR 3016 Pleading Standards
On June 2, 2020, Justice Borrok of the New York Commercial Division issued a decision in Matter of N… Read More
June 23, 2020 Economic Duress Not a Defense for At-Will Employees Who Sign Contracts Under Threat of Termination
A recent Commercial Division ruling analyzed whether an at-will employee can raise the affirmative d… Read More
June 23, 2020 Trust Entitled to Fees in RMBS Put-Back Action Based on Representation and Warranty Breaches
On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Pa… Read More
June 22, 2020 Nonsignatories Bound by Arbitration Provisions in Contract They Relied Upon in Asserting Claims
On May 29, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in 20… Read More
June 21, 2020 Maintaining and Using Disputed Property Insufficient, Without More, to Support Claim for Adverse Possession
On June 3, 2020, the Second Department issued a decision in Finger v. 162 Grand St. Realty, LLC, 202… Read More
June 20, 2020 Tortious Interference Claim Accrues When Plaintiff First Damaged
On June 4, 2020, the First Department issued a decision in Linkable Networks, Inc. v Mastercard Inc.… Read More
June 19, 2020 Failure to Make Timely and Particular Objections Waives Objections Not Based on Privilege or Palpable Impropriety
On June 18, 2020, the First Department issued a decision in Khatskevich v. Victor, 2020 N.Y. App. Di… Read More
June 18, 2020 Plaintiff States Claim for Breach of Obligation to Negotiate in Good Faith
On April 21, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Son… Read More
June 17, 2020 Defendants Who Are Not Statutory Sellers Not Liable for Section 12 Claims Even Though They Were Primary Beneficiaries of Stock Sale
On April 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
June 16, 2020 Defendants Who Were Parties to a Contract Not Liable for Tortious Interference With it
On May 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shyer… Read More
June 15, 2020 Allegations of Fraud Unrelated to Forum Selection Clause Do Not Bar Enforcement of Clause
On April 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Aby… Read More
June 14, 2020 Zoning Consulting is not a Profession for Purposes of a Professional Malpractice Claim
On May 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in 14 L… Read More
June 13, 2020 If Court Had No Jurisdiction to Enter Judgment, Payment of the Judgment Did Not Extinguish It and so it Could be Vacated
On May 27, 2020, the Second Department issued a decision in Yellowbook, Inc. v. Hedge, 2020 NY Slip … Read More
June 12, 2020 Court Holds that CPLR 3220 Award Only Available When Matter Has Gone to Trial
On April 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loe… Read More
June 11, 2020 Continuing Wrong Doctrine Does not Save Contract Claims Based on Failure to Recognize Ownership Share
On May 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Kaufm… Read More
June 10, 2020 Buying Distressed Debt to Collect on it Not Champerty
On April 23, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
June 9, 2020 Court Refuses to Dissolve LLC; High Burden for Dissolution Not Met
On May 1, 2020, Justice Schecter of the New York County Commercial Division issued a decision in War… Read More
June 8, 2020 Fraudulent Inducement Claim Survives as Not Duplicative of Breach of Contract Claim
On May 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in SRS Ca… Read More
June 7, 2020 Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, … Read More
June 7, 2020 Counsel Disqualified Based on Client's Conflict
On April 21, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
June 6, 2020 Landlord Not Entitled to Accounting from Tenant
On April 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 11… Read More
June 5, 2020 GBL 349 Claim Fails for Lack of Consumer Impact
On May 8, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Time W… Read More
June 4, 2020 Puffery Not Actionable Under Securities Laws
On May 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
June 3, 2020 Statute of Frauds Bars Claims Based on Alleged Oral 99-Year Lease
On May 13, 2020, the Second Department issued a decision in Roman Catholic Church of the Epiphany v.… Read More
June 2, 2020 Court Rejects Apex Doctrine Challenge to Executive's Deposition
On May 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.T. … Read More
June 1, 2020 Non-Recruitment Provision Reasonable, and Thus Enforceable
On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in Fi… Read More
May 31, 2020 Failure to Make Demand Dooms Conversion Claim
On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
May 30, 2020 Spoliation Sanctions Not Justified When Party Preserved Documents When it Became Aware That Litigation Was Probable
On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley … Read More
May 29, 2020 Liquidated Damages Provision Eliminates Need for Plaintiff to Mitigate Damages
On April 24, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 28, 2020 Providing Legal Advice to Person Accused of Fraud Insufficient to Support Aiding and Abetting Claim
On April 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Spa… Read More
May 27, 2020 Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue
On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Ha… Read More
May 26, 2020 Continuing Wrong Doctrine Does Not Save Plaintiff's Claims From Being Time-Barred
On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Mar… Read More
May 25, 2020 Court Analyzes Negligence and Fraud Claims Against Appraiser
On May 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shavol… Read More
May 24, 2020 To State a Conspiracy to Breach Fiduciary Duty Claim, All Alleged Conspirators Must Owe Fiduciary Duties
On May 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Sands… Read More
May 23, 2020 Account Stated Claim Dismissed As Duplicative of Breach of Contract Claim
On May 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in St.… Read More
May 22, 2020 Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely
On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag &… Read More
May 21, 2020 Legal Malpractice Claim Dismissed for Failure to Allege Facts Showing That Defendants' Alleged Negligence Damaged Plaintiff
On April 29, 2020, the Second Department issued a decision in Kahlon v. DeSantis, 2020 NY Slip Op. 0… Read More
May 20, 2020 New Case Filings to be Permitted in New York State Courts Starting Monday
On May 20, 2020, Chief Administrative Judge Marks announced that starting on Monday, May 25, 2020, "… Read More
May 20, 2020 Questions of Fact Regarding Defendant's Negligence Precluded Summary Judgment on Legal Malpractice Claim
On April 29, 2020, the Second Department issued a decision in Blumencranz v. Botter, 2020 NY Slip Op… Read More
May 19, 2020 Fact Questions Precluded Summary Judgment for Defendant Based on No Damages for Delay Clause
On April 30, 2020, the Third Department issued a decision in Framan Mech., Inc. v. State Univ. Const… Read More
May 18, 2020 Fraud Plaintiff's Due Diligence Sufficient When it Considered the Facts Reasonably Available to It
On February 19, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
May 16, 2020 Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechn… Read More
May 15, 2020 Accounts Receivable are Tangible Assets
On May 1, 2020, the Fourth Department issued a decision in Violet Realty, Inc. v. Amigone, Sanchez &… Read More
May 14, 2020 Court Voids Lien Law Lien Because of Exaggerated Claim
On April 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in GP… Read More
May 13, 2020 Party Whose Liability Was Only Vicarious Entitled to Common Law Indemnification
On April 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sha… Read More
May 12, 2020 Breach of Fiduciary Duty Claims Timely Even Though Alleged Breach Merely Renewed Earlier, Time-Barred Breaches
On May 7, 2020, the First Department issued a decision in Ganzi v. Ganzi, 2020 NY Slip Op. 02740, ho… Read More
May 11, 2020 Client's Mistaken Opinion on Law No Defense to Malpractice Claim
On April 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Am… Read More
May 10, 2020 Landlord's Acceptance of Rent from Entity Other Than Lessee Did Not Waive Lease's Non-Assignment Provisions
On May 6, 2020, the Second Department issued a decision in VRA Family L.P. v. Salon Mgt. USA, LLC, 2… Read More
May 9, 2020 Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. … Read More
May 8, 2020 Governor Extends Statute of Limitations Tolling to June 6, 2020
On May 7, 2020, Governor Cuomo issued Executive Order 202.28, which, among other things, extended th… Read More
May 7, 2020 Transcripts and Videos of Arguments in the Court of Appeals for March 2020 Now Available
On March 16, 2020, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
May 6, 2020 Arbitral Panel Can Reconsider Partial Award
On April 30, 2020, the Court of Appeals issued a decision in American Intl. Specialty Lines Ins. Co.… Read More
May 5, 2020 Litigant Not Entitled to Indemnification by Contractual Counter-Party Because Contract Was Not Unmistakably Clear
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Hu… Read More
May 4, 2020 New York State Courts Continue Slowly to Reopen
On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and … Read More
May 3, 2020 Legal Malpractice Claim Dismissed Based on the Attorney-Judgment Rule
On April 23, 2020, the First Department issued a decision in Lloyd's Syndicate 2987 v. Furman Kornfe… Read More
May 2, 2020 Court Excuses Defendants' Failure to Raise Statute of Limitations Defense in Initial Motion to Dismiss
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in HH… Read More
May 1, 2020 Lack of Due Diligence Dooms Fraudulent Inducement Claim
On April 16, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
April 30, 2020 Legal Malpractice and Breach of Fiduciary Duty Claims Found Not Duplicative
On April 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ha… Read More
April 29, 2020 Non-Compete Clause Covering All of United States and Canada Unenforceable
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in St… Read More
April 28, 2020 Demand Futility Allegations Fail to Overcome High Bar Where Outside Directors are Insulated from Monetary Liability
On April 13, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 27, 2020 Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute
On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
April 26, 2020 Acts in New York are Insufficient Basis for Personal Jurisdiction When The Claim is not Based on Those Acts
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
April 25, 2020 Failure to Serve Judgment Debtor Dooms Creditor's Attempts to Collect
On April 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ka… Read More
April 24, 2020 Account Stated Theory Provides Basis For Defense Based on Payment of Stated Account
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
April 23, 2020 Breach of Contract Claim Fails if Injury is Not Alleged
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
April 22, 2020 Scheduling Remote Conferences with Commercial Division Justices
The Commercial and Federal Litigation Section of the New York State Bar Association has compiled inf… Read More
April 21, 2020 NYSBA CLE: How To Seal Documents in the Commercial Division
On Wednesday April 22, 2020, the Commercial and Federal Litigation Section of the New York State Bar… Read More
April 20, 2020 Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial
On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Dar… Read More
April 19, 2020 Court Did Not Abuse Discretion in Dismissing Years-Old Action Without Prejudice
On April 16, 2020, the Third Department issued a decision in Green Tree Servicing LLC v. Shiow Fei J… Read More
April 18, 2020 Party That Did Not Sign Agreement Containing Arbitration Provision Not Required to Arbitrate Dispute
On April 16, 2020, the First Department issued a decision in Matter of KPMG LLP v. Kirschner, 2020 N… Read More
April 17, 2020 Existence of Contract Bars Claim for Equitable Indemnification
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Al… Read More
April 16, 2020 Breach of Contract Claim Dismissed for Failure to Identify Contract Terms that Were Breached
On April 2, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in I… Read More
April 15, 2020 Attorney Can Be Liable for Participating in a Client's Tortious Misconduct
On March 31, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
April 14, 2020 Current Financial Crisis Likely Will Lead to Events of Default in RMBS Trusts
Unlike our usual posts, which analyze recent Commercial Division decisions, this post is written to … Read More
April 13, 2020 GBL 349 Claim Cannot be Based on Failure to Disclose Illegal Conduct
On April 2, 2020, the Court of Appeals issued a decision in Collazo v. Netherland Prop. Assets LLC, … Read More
April 12, 2020 Cost of Litigation Does Not Satisfy Damages Element of Tort Claim
On April 9, 2020, the First Department issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt … Read More
April 11, 2020 Court Rejects Due Diligence Defense to Fraud Claim
On April 9, 2020, the First Department issued a decision in Knox, LLC v. Lakian, 2020 NY Slip Op. 02… Read More
April 10, 2020 Lack of Nexus to New York Weighs Heavily in Decision Granting Forum Non Conveniens Dismissal
On April 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
April 9, 2020 Judiciary Law 487 Does Not Cover Non-Meritorious Legal Arguments
On March 31, 2020, the Court of Appeals issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C… Read More
April 7, 2020 Court Upholds Claim Seeking Constructive Trust
On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. … Read More
April 6, 2020 Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action
On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Ca… Read More
April 5, 2020 Court Erred by Weighing Conflicting Evidence in Deciding Motion for Directed Verdict
On March 25, 2020, the Second Department issued a decision in Boriello v. Loconte, 2020 NY Slip Op. … Read More
April 4, 2020 Decision in Derivative Action by Different Shareholder Has Res Judicata Effect on Later Suit by Different Shareholder
On March 18, 2020, the Second Department issued a decision in Noor v. Mahmood, 2020 NY Slip Op. 0192… Read More
April 3, 2020 Unilateral Mistake Claim Fails in the Absence of Allegations of Fraud or Other Wrongdoing
On March 19, 2020, the First Department issued a decision in Quattro Parent LLC v. Rakib, 2020 NY Sl… Read More
April 2, 2020 Court of Appeals Strikes Down Part of Rent Control Law on Due Process Grounds
On April 2, 2020, the Court of Appeals issued a decision in Matter of Regina Metro. Co., LLC v. New … Read More
April 2, 2020 New York Courts Clarify E-Filing Rules for Essential Matters
The New York State courts have issued guidance and a new form relating to the filing of papers in es… Read More
April 2, 2020 Court Grants Forum Non Conveniens Motion Based on Parties' Limited Connection to New York
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in BSR… Read More
April 1, 2020 Substantial Completion of Contractual Duties Can Bar Termination for Breach
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in McC… Read More
March 31, 2020 SDNY and EDNY Further Limit Operations in Face of Coronavirus Crisis
The focus of this blog is the Commercial Division of the New York state courts. Still, many of our … Read More
March 31, 2020 Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim
On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 30, 2020 Statute of Repose Bars Securities Act Claims
On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
March 29, 2020 Securities Act Claims Based on Negligence Do Not Have to be Plead in Detail Under CPLR 3106
On March 9, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mat… Read More
March 28, 2020 Defendant Could Not Terminate Contractor Without Providing Contractually-Required Notice and Opportunity to Cure
On March 3, 2020, Justice Schecter of the New York County Commercial Division issued a decision in F… Read More
March 27, 2020 Fraud Claim Regarding Company's Legal Status Fails for Lack of Due Diligence; Status Was Available to Public on Government Website
On March 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in N… Read More
March 26, 2020 Absolute Privilege Applies to Contractual Non-Disparagement Clauses
On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mal… Read More
March 25, 2020 That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver
On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 24, 2020 Borrowing Statute Requires Use Not Just of Foreign State's Statute of Limitations But Also its Tolling Rules
On March 4, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in E… Read More
March 23, 2020 Upcoming Arguments in the Court of Appeals in April 2020
UPDATE: On April 6, 2020, the Court of Appeals cancelled arguments for the May/June session. Upcomin… Read More
March 22, 2020 New York Courts Prohibit Filings in Non-Essential Matters
On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no lon… Read More
March 22, 2020 Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord
On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 21, 2020 New York Tolls Statue of Limitations for 30 Days
On March 20, 2020, New York Governor Andrew Cuomo issued an Executive Order tolling statutes of limi… Read More
March 21, 2020 Conflict Not Disqualifying When Prior Representation Unrelated to Current One
On March 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sho… Read More
March 20, 2020 Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304
On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit … Read More
March 19, 2020 New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak
On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the… Read More
March 19, 2020 State Courts in Manhattan Further Restrict Operations
Today, the New York state courts in New York County (Manhattan) announced further limitations to the… Read More
March 19, 2020 Justices Schecter and Masley Announce Procedures Relating to COVID-19
New York County Commercial Division Justices Schecter and Masley have announced new part rules relat… Read More
March 19, 2020 Forum Non Conveniens Dismissal Upheld on Appeal
On February 25, 2020, the First Department issued a decision in Al Rushaid Parker Drilling Ltd. v. B… Read More
March 18, 2020 We are Open For Business (Just not in the Office)
We hope that all are well in these chaotic times. We want everyone to know that while our offices ar… Read More
March 18, 2020 First and Second Departments Suspend Deadlines
The First and Second Departments have announced that they are suspending most deadlines. They have p… Read More
March 18, 2020 Defamation Claim Cannot Be Based on Expressions of Opinion
On February 25, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 17, 2020 Labor Law 193 Does Not Apply to Wholesale Withholding of Pay
On February 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 16, 2020 Upcoming Arguments in the Court of Appeals in March 2020
Upcoming argument in the Court of Appeals in March 2020 that may be of interest to commercial litiga… Read More
March 16, 2020 New York Courts Further Restrict Operations in Response to Coronavirus
Following up on his March 13 memo announcing some limitations on operations in the New York state co… Read More
March 15, 2020 Securities Act Sections 11 and 12 Claims in State Court Not Required to be Plead with Particularity
On February 26, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 14, 2020 Expiration of Statute of Limitations Supports Grant of Motion to Extend Time to Serve
On February 26, 2020, the Second Department issued a decision in BAC Home Loans Servicing, L.P. v. H… Read More
March 13, 2020 New York State Courts Cancel Jury Trials, Impose Other Limitations in Response to Coronavirus
As other courts have done, the New York state courts have implemented procedures limiting courthouse… Read More
March 13, 2020 Appointment of Separate Counsel Intervening Cause Defeating Malpractice Claim
On February 25, 2020, the First Department issued a decision in Binn v. Muchnick, Golieb & Golie… Read More
March 12, 2020 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Rule 31 o… Read More
March 11, 2020 No Cause of Action for Anticipatory Breach When Plaintiff Already is in Material Breach
On February 27, 2020, the First Department issued a decision in Rapson Invs. LLC v. 45 E. 22nd St. P… Read More
March 10, 2020 Fiduciary With Unfettered Discretion Cannot Exercise That Discretion in Bad Faith
On February 27, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
March 9, 2020 Individual Owner Can be Held Liable Under Veil Piercing Claim for the Torts of Owner's Company
On February 21, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
March 9, 2020 S.D.N.Y Limits Courthouse Access in Response to Coronavirus
The S.D.N.Y. has issued an order limiting access to its courthouses in response to coronavirus conce… Read More
March 8, 2020 Late-Filed Motion to Amend Denied
On February 25, 2020, the First Department issued a decision in Ness Tech. SARL v. Pactera Tech. Int… Read More
March 7, 2020 Account Holder Does Not Have Standing to Move to Quash a Subpoena for its Bank Records
On February 26, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
March 6, 2020 Third-Party's Presence Did Not Waive Attorney-Client Privilege
On March 3, 2020, the First Department issued a decision in Spicer v. GardaWorld Consulting (UK) Ltd… Read More
March 5, 2020 New York Court Had Jurisdiction to Decide Derivative Claims Despite Operating Agreement's Delaware Choice of Law Clause
On March 3, 2020, the First Department issued a decision in Favourite Ltd. v. Cico, 2020 NY Slip Op.… Read More
March 4, 2020 Claim for Contrauctive Fraudulent Conveyance Does not Require Allegations of Scienter
On February 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 3, 2020 Employees' E-mails With Counsel Sent on Employer's Computer System Not Privileged
On February 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 2, 2020 Court Declines to Vacate Judgment Based on the "Injustice" of Applying Federal Law in State Court
On February 6, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
March 1, 2020 Commercial Tenant Claiming Constructive Eviction Liable for Rent Because it Remained in Possession of the Leased Premises
On February 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 29, 2020 Merger Clause Defeats Fraudulent Inducement Claim
On February 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
February 28, 2020 Material Misrepresentation Justified Rescission of Agreement
On February 18, 2020, the First Department issued a decision in Sabby Healthcare Master Fund Ltd. v.… Read More
February 27, 2020 Firm Disqualified From Representation Because Some Members of Firm Would be Trial Witnesses
On February 11, 2020, the First Department issued a decision in Matter of Diet Drug Litig. v. Wyeth-… Read More
February 26, 2020 Dismissal Based on Excluded Evidence Insufficient Basis for Malicious Prosecution Claim
On February 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
February 25, 2020 Plaintiff Not Entitled to Summary Judgment on Guaranty When it Could Not Be Authenticated by a Disinterested Witness
On February 13, 2020, the First Department issued a decision in Galpern v. Air Chefs, L.L.C., 2020 N… Read More
February 24, 2020 Transcripts and Videos of Arguments in the Court of Appeals for February 2020 Now Available
On January 31, 2020, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
February 23, 2020 Court Denies 3211(a)(1) Motion to Dismiss Based on E-mails
On February 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
February 22, 2020 Plaintiff Sufficiently Alleges Jurisdiction Over Foreign Defendant That Did Not Travel to New York
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
February 21, 2020 Court Vacates Late-Filed Notice of Discontinuance
On January 24, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 20, 2020 Third-Party Assessment of Product's Quality Provided by Contract Binding Even Where Assessment Do Not Cover All Quality Requirements
On February 3, 2020, Justice Cohen of the New York County Commercial Division issued a decision in C… Read More
February 19, 2020 LLC's Managing Members Owed Fiduciary Duties to Non-Managing Member
On January 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
February 18, 2020 Veil Piercing Claim Against Parent Fails Because Plaintiff Was Aware of Subsidiary's Financial Condition
On January 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 17, 2020 Defendant Liable for Breach of Term Sheet's Obligation to Negotiate Lease in Good Faith
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
February 16, 2020 Deceased Partner's Estate Does Not Have Standing to Seek Limited Partnership's Dissolution
On February 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 15, 2020 Court Declines to Apply Tax Estoppel on Summary Judgment
On January 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in S… Read More
February 14, 2020 Abuse of Process Claim Cannot be Based on Initiation of a Lawsuit
On January 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 12, 2020 Court Reinstates Claim for Tortious Interference with an At-Will Employment Contract
On February 7, 2020, the Fourth Department issued a decision in Conklin v. Laxen, 2020 NY Slip Op. 0… Read More
February 11, 2020 Veil Piercing Claim Upheld Based on Allegations of Fraudulent Inducement
On January 31, 2020, the Fourth Department issued a decision in Clark Rigging & Rental Corp. v. … Read More
February 10, 2020 Court Dismisses Declaratory Judgment Claim as Duplicative of Contract Claim
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in C… Read More
February 9, 2020 Promissory Estoppel Claim Can Survive Despite Statute of Frauds
On September 30, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in Par… Read More
February 8, 2020 Claimant Did Not Waive Arbitration Provision By Bringing An Action But Dismissing it Less Than a Month Later
On January 21, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 7, 2020 Court Rejects Attack on New York Choice of Law Clause Based on California Public Policy
On January 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 6, 2020 Party Sanctioned for Falsifying Document
On January 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 4, 2020 Contract's Definition of Term Controls, Not the Common Understanding of the Term's Meaning
On January 28, 2020, the First Department issued a decision in Condor Capital Corp. v. CALS Invs., L… Read More
February 2, 2020 Successor Company Liable Under De Facto Merger Doctrine
On January 29, 2020, the Second Department issued a decision in Bonanni v. Horizons Invs. Corp., 202… Read More
February 1, 2020 Provision Limiting Liability for Breach of Contract Enforceable
On January 29, 2020, the Second Department issued a decision in Astoria Generating Co., LP v. Riley … Read More
January 31, 2020 Upcoming Arguments in the Court of Appeals in February 2020
Upcoming arguments in the Court of Appeals in February 2020 that may be of interest to commercial li… Read More
January 30, 2020 Statute of Frauds Does Not Apply to Oral Contract to Create a Joint Venture
On January 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in L… Read More
January 29, 2020 Not All Misconduct Can Support an In Pari Delicto Defense
On January 21, 2020, the First Department issued a decision in U-Trend N.Y. Inv. L.P. v. US Suite LL… Read More
January 28, 2020 Garnishee Liable for Transfer of Restrained Funds
On January 22, 2020, the Second Department issued a decision in Matter of Bravado Intl. Group Mercha… Read More
January 27, 2020 First Department Endorses Sampling in RMBS Put-Back Litigation
On January 16, 2020, the First Department issued a decision in Ambac Assur. Corp. v. Countrywide Hom… Read More
January 26, 2020 Bare Assertion of Law Office Failure Insufficient to Justify Vacating Default Judgment
On January 15, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Fis… Read More
January 25, 2020 Plaintiff Liable for Damages Resulting from Breach of Contractual Notice and Cure Provision
On January 13, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
January 24, 2020 Discovery Sanction Reversed as Excessive
On January 14, 2020, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2… Read More
January 23, 2020 Promissory Estoppel Claim Dismissed for Failure Adequately to Allege a Promise and Reliance
On January 14, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
January 22, 2020 Architect Not Liable to Third-Party Not Known to it When Architectural Plans Created
On January 6, 2020, Justice Masley of the New York County Commercial Division issued a decision in T… Read More
January 21, 2020 Court Vacates Default Because Lawyer, Not Client, Was to Blame for Failure to Appear at Court Conferences
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in E… Read More
January 19, 2020 Statement That Counterclaimants Were "Scammers," "Con Artists" and "Thieves" Basis for Defamation Claim
On January 8, 2020, the Second Department issued a decision in Levy v. Nissani, 2020 NY Slip Op. 001… Read More
January 18, 2020 Counterclaim Cannot Involve Time-Barred Claims as Set-off Unless It Arises From Same Transaction or Occurrence
On January 2, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
January 17, 2020 E-mails and Unsigned Documents Not Documentary Evidence Under CPLR 3211(a)(1)
On December 18, 2019, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Comme… Read More
January 16, 2020 Court Refuses to Vacate Default Judgment Despite Conclusory Assertions That Service Not Received When Defendant Admitted Being Aware of the Action
On January 2, 2020, the First Department issued a decision in Fisher v. Lewis Constr. NYC Inc., 2020… Read More
January 15, 2020 Plaintiffs' Obligation to Perform Not Excused by Defendant's Alleged Non-Material Breaches of Agreement
On December 24, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 14, 2020 Law Firm Disqualified Based on Prior Representation in a Related Matter
On December 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 13, 2020 Veil Piercing Claim Rejected; Alleged Domination and Control Unrelated to Basis of Claim
On December 18, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
January 12, 2020 Alleged Lack of Documentary Evidence Referring to an Oral Contract Insufficient Basis for Dismissing Claim Alleging Such a Contract
On December 19, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
January 11, 2020 Three Year Statute of Limitations for Professional Malpractice Cannot be Extended by Re-characterizing Claims as Contract Claims
On December 26, 2019, the Third Department issued a decision in WSA Group, PE-PC v. DKI Eng'g & … Read More
January 10, 2020 Fraud Claim Dismissed; Plaintiff's Reliance on Alleged Misrepresentations was Unreasonable Due to Plaintiff's Failure to Exercise Due Diligence
On December 26, 2019, the First Department issued a decision in Unique Goals Intl., Ltd. v. Finskiy,… Read More
January 9, 2020 Questions of Fact Regarding Defendant's Alleged Misconduct Precluded Dismissal Based on Construction Contract's No Damages for Delay Clause
On December 26, 2019, the First Department issued a decision in Tyrek Hgts. Erectors, Inc. v. WDF, I… Read More
January 8, 2020 That Court Signed OSC Does Not Mean that Motion Was Not Frivolous
On December 19, 2019, the First Department issued a decision in Matter of Citigroup Global Mkts., In… Read More
January 7, 2020 Judgment Creditor Did Not Create Lien on Debtor's Property Because Debtor's Name Was Misspelled
On December 18, 2019, the Second Department issued a decision in Matter of Fischer v. Chabbott, 2019… Read More
January 6, 2020 PRESUMPTIVE ADR IN NEW YORK COURTS
The information below is from the City Bar Association regarding a program on the Chief Judge's pres… Read More
January 6, 2020 Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach
On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 U… Read More
January 5, 2020 Foreign Judgment Takes Precedence over Settlement Agreement That the Judgment Enforced
On December 24, 2019, the Second Department issued a decision in Bernardo v. Ramos, 2019 NY Slip Op.… Read More
January 4, 2020 Defendant's Incarceration Not Reasonable Excuse for Default When Defendant Was Represented by Counsel
On December 19, 2019, the First Department issued a decision in Matter of Wimbledon Fin. Master Fund… Read More
January 3, 2020 Defendant that Engaged in Wrongdoing Not Entitled to Common Law Indemnification
On December 20, 2019, the Fourth Department issued a decision in Board of Educ. of Palmyra-Macedon C… Read More
January 2, 2020 Corporate Officer May be Held Liable for Corporation's Tort in Which the Officer Participated
On December 20, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust … Read More
January 1, 2020 Justice Colaiacovo Updates Part Rules
Justice Emilio Colaiacovo of the Eighth Judicial District Commercial Division recently updated his i… Read More
December 31, 2019 Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
On December 13, 2019, Justice Sherwood of the New York County Division issued a decision in Citigrou… Read More
December 30, 2019 Justice Karalunas Updates Part Rules
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individ… Read More
December 29, 2019 Documents Prepared for Uses Other Than Litigation Cannot be Withheld for Production Even if They Also Were Prepared in Anticipation of Litigation
On December 20, 2019, the Fourth Department issued a decision in John Mezzalingua Assoc., LLC v. Tra… Read More
December 28, 2019 Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
December 27, 2019 That Loan Was Made from the Proceeds of Illegal Gambling Does Not Make Loan Contract Unenforceable
On December 19, 2019, the Court of Appeals issued a decision in Centi v. McGillin, 2019 NY Slip Op. … Read More
December 26, 2019 Court Analyzes Successor Liability Under the De Facto Merger Doctrine
On December 13, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 25, 2019 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Commercia… Read More
December 24, 2019 Interlocutory Arbitral Awards Not Subject to Judicial Review
On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dwo… Read More
December 23, 2019 Trial Court Properly Declined to Decide Issue of Reasonable Reliance on Summary Judgment
On December 17, 2019, the First Department issued a decision in Norddeutsche Landesbank Girozentrale… Read More
December 22, 2019 New York Court Lacked Jurisdiction to Enjoin Sale of Real Estate in Another State
On December 17, 2019, the First Department issued a decision in Clark Tower, LLC v. Wells Fargo Bank… Read More
December 21, 2019 Claims Found to Have Been Timely Asserted in Initial Complaint That Never Was Served Because of Lack of Objection
On December 17, 2019, the Court of Appeals issued a decision in Vanyo v. Buffalo Police Benevolent A… Read More
December 20, 2019 First Department Upholds Forum Non Conveniens Dismissal
On December 12, 2019, the First Department issued a decision in JTS Trading Ltd. v. Asesores, 2019 N… Read More
December 18, 2019 No Cause of Action for Loss of Prospective Economic Advantage
On October 31, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Pat… Read More
December 17, 2019 Trespass Claim Dismissed; Alleged Trespass was Required by Law
On December 10, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 15, 2019 Parties Bound by Unsigned Contract
On December 3, 2019, the First Department issued a decision in Lerner v. Newmark & Co. Real Esta… Read More
December 14, 2019 New York Action Properly Stayed in Favor of Prior Pending Action in New Jersey
On December 5, 2019, the First Department issued a decision in Dietz v. Linde Gas N. Am., LLC, 2019 … Read More
December 13, 2019 Quantum Meruit Claim Barred by Contract Covering Same Subject Matter Even Though Defendant Was Not Signatory
On December 5, 2019, the First Department issued a decision in J.T. Magen & Co., Inc. v. Nissan … Read More
December 12, 2019 Discovery on Defendant's Motive for Breaching Contract Denied
On December 3, 2019, the First Department issued a decision in Bersin Props., LLC v. Nomura Credit &… Read More
December 11, 2019 Court Refuses to Stay Securities Class Action in Favor of Later-Filed Federal Class Action
On November 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
December 10, 2019 Privilege Determined by Law of Location of Trial or of Proceeding Seeking Discovery
On November 27, 2019, the Second Department issued a decision in Askari v. McDermott, Will & Eme… Read More
December 9, 2019 Striking Answer and Dismissal of Counterclaims as Discovery Sanction Upheld
On November 27, 2019, the Second Department issued a decision in Sparakis v. Gozzer Corp., 2019 NY S… Read More
December 8, 2019 Plaintiff Prevails at Traverse Despite Process Server's Absence
On November 21, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 7, 2019 Counsel Disqualified from Representing LLC and its Members
On November 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 6, 2019 Statue of Limitations for Action Brought by Trustee is Based on the Trustee's Residence
On November 25, 2019, Justice Fahey of the Court of Appeals issued a decision in Deutsche Bank Natl.… Read More
December 5, 2019 Directing RMBS Certificateholder Not "Effective" Plaintiff Causing Suit to Fail for Lack of Standing Under PSA's No Action Clause
On November 21, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 4, 2019 Court Refuses to Consolidate Cases in Significantly Different Procedural Postures
On November 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 3, 2019 Court Grants Preliminary Injunction Enforcing Restrictive Covenants Pending Trial
On November 26, 2019, the First Department issued a decision in UAH-Mayfair Mgt. Group LLC v. Clark,… Read More
December 2, 2019 Court Looks to Substance of Agreement, Not How it is Styled, in Upholding Usury Claim
On November 19, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in McNi… Read More
December 1, 2019 Summons with Notice Provided Sufficient Notice to Satisfy Statute of Limitations
On November 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 30, 2019 Trustee Cannot Rely on CPLR 205 Relation Back When Trust Beneficiary, Not Trustee, Initially Brought Suit
On November 19, 2019, the First Department issued a decision in US Bank N.A. v. UBS Real Estate Sec.… Read More
November 29, 2019 Alleged Poor Administration or Planning Insufficient to Bar Defendant's Reliance on No Damages for Delay Clause
On November 19, 2019, the First Department issued a decision in WDF Inc. v Turner Constr. Co., 2019 … Read More
November 28, 2019 Liability for Aiding and Abetting Requires Affirmative Acts, Not Acquiescence
On November 20, 2019, the Second Department issued a decision in Land v. Forgione, 2019 NY Slip Op. … Read More
November 27, 2019 Retaliation Claims Barred by Noerr-Pennington Doctrine
On November 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
November 26, 2019 Discharge in Bankruptcy did not Automatically Accelerate Mortgage Debt, Affecting Statute of Limitations
On November 15, 2019, the Fourth Department issued a decision in Wilmington Sav. Fund Socy., FSB v. … Read More
November 25, 2019 Whether Non-Signatory of Arbitration Provision Bound By it is Question for Court, Not Arbitrator
On November 14, 2019, the First Department issued a decision in Matter of 215-219 W. 28th St. Mazal … Read More
November 24, 2019 Counsel Sanctioned for Bringing Frivolous Action
On November 13, 2019, Justice Garguillo of the Suffolk County Commercial Division issued a decision … Read More
November 23, 2019 Derivative Claims Allowed to go Forward; Demand Futility was Properly Alleged
On November 13, 2019, the Second Department issued a decision in Guzman v. Kordonsky, 2019 NY Slip O… Read More
November 22, 2019 Court Should Have Granted Source Code Attorneys' Eyes Only Protection
On November 12, 2019, the First Department issued a decision in BEC Capital, LLC v. Bistrovic, 2019 … Read More
November 21, 2019 Open Repudiation Toll Doctrine Inapplicable to Claim for Money Damages for a Breach of Fiduciary Duty
On November 14, 2019, the First Department issued a decision in Matter of Yin Shin Leung Charitable … Read More
November 20, 2019 Contract Term Allowing Defendant to Act in its Reasonable Judgment Required Defendant to Have a Reasonable Basis for its Actions
On November 8, 2019, the Fourth Department issued a decision in Scheer v Elam Sand & Gravel Corp… Read More
November 19, 2019 Moving to Dismiss for Failure to Serve Complaint Does Not Waive Right Later to Move to Dismiss for Lack of Jurisdiction
On October 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 18, 2019 Written Contract's Merger Clause Does Not Bar Parol Evidence Regarding an Alleged Agreement When Alleged Agreement was Collateral to the Written Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 17, 2019 Plaintiff Cannot Save Time-Barred Legal Malpractice Claims by Re-Characterizing Them as Fraud Claims
On November 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 16, 2019 Aiding and Abetting Fraud Claim Fails for Lack of Evidence of Substantial Assistance
On October 29, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 15, 2019 CLE Program: Practicing in NYS Supreme Court (Part 2)
On November 20, 2019, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at th… Read More
November 15, 2019 Non-Appealing Defendants Entitled to Benefit of Appealing Defendant's Successful Appeal
On September 6, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Gl… Read More
November 14, 2019 Conversion Claim Based on Alleged Right to Receive Shares Dismissed
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 13, 2019 CLE Program: Practicing in NYS Supreme Court
On November 13, 2019 , Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at t… Read More
November 13, 2019 Allegations Fail to Establish that Plaintiff Was Third-Party Beneficiary of Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 12, 2019 Contract Claim Barred by Voluntary Payment Doctrine
On October 30, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 11, 2019 Plaintiff Cannot Sue for both Rescission and Damages for Breach of Contract
On October 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 10, 2019 Constructive Trust Upheld
On October 30, 2019, the Second Department issued a decision in Galasso, Langione & Botter, LLP … Read More
November 9, 2019 Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 8, 2019 Upcoming Arguments in the Court of Appeals in November 2019
Upcoming argument in the Court of Appeals in November 2019 that may be of interest to commercial lit… Read More
November 7, 2019 Claims Barred by Release
On October 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 6, 2019 At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative
On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in S… Read More
November 5, 2019 CPLR 205 Relation Back Applies to Federal Claim Transferred to New York
On October 17, 2019, the First Department issued a decision in Federal Home Loan Bank of Boston v. M… Read More
November 4, 2019 Statute of Frauds Bars Claim Based on Oral Guarantee of Rent Obligations
On October 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 3, 2019 Suit Stayed in Favor of Prior Pending Federal Action
On October 15, 2019, Justice Borrok of the New York County Commercial Division issued a decision iss… Read More
November 2, 2019 Court May Not Vacate Arbitral Award Because Arbitrator Erred in Interpreting or Applying the Law
On October 24, 2019, the First Department issued a decision in Matter of Nexia Health Tech., Inc. v.… Read More
November 1, 2019 Fraudulent Conveyance Claims Dismissed for Insufficient Allegations of Fraud
On October 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 31, 2019 Tortious Interference Claim Dismissed Based on Economic Justification Defense
On October 22, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 30, 2019 Non-New York Statutes do not Invalidate Contracts that Chose New York Law
On October 24, 2019, the First Department issued a decision in ABB, Inc. v. Havtech, LLC, 2019 NY Sl… Read More
October 29, 2019 Court Rejects Claim for Aiding and Abetting Fraudulent Conveyance
On October 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
October 28, 2019 Transcripts and Videos of Arguments in the Court of Appeals for October 2019 Now Available
On October 17, 2019, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
October 28, 2019 Court Dismisses Claim for Lost Profits Damages
On October 9, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
October 27, 2019 Lack of Particularity Dooms Fraudulent Conveyance Claim
On October 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in G… Read More
October 26, 2019 Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling
On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in… Read More
October 25, 2019 Corporate Waste Claim Defeated by Business Judgment Rule
On October 9, 2019, the Second Department issued a decision in Witty v. Wallace, 2019 NY Slip Op. 07… Read More
October 24, 2019 Loans Not Identified in Timely RMBS Putback Notice Still Subject to Putback Based on Later Notices, Which Related Back to First Notice
On October 10, 2019, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, … Read More
October 23, 2019 Court Analyzes Adverse Interest Exception to in Pari Delicto Defense
On October 10, 2019, the First Department issued a decision in Conway v. Marcum & Kliegman LLP, … Read More
October 22, 2019 Plaintiff Waives Jury Trial Against all Defendants by Seeking Non-Incidental Equitable Claim Against one Defendant
On October 8, 2019, the First Department issued a decision in Errant Gene Therapeutics, LLC v. Sloan… Read More
October 21, 2019 Oral Joint Venture Agreement Barred by Statute of Frauds
On October 7, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 20, 2019 Constructive Eviction Suspends Obligation to Pay Rent
On October 8, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in B… Read More
October 19, 2019 Commercial Reasonableness of Creditor's Auction Disposing of Collateral Created Issue of Fact Regarding Damages
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
October 18, 2019 Text Relating to Negotiation of Agreement Is Not A Binding Agreement
On October 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in R… Read More
October 17, 2019 Upcoming Arguments in the Court of Appeals in October 2019
Upcoming argument in the Court of Appeals in October 2019 that may be of interest to commercial liti… Read More
October 17, 2019 Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
October 16, 2019 Court Erred in Awarding Damages That Were Not Proved or Requested
On October 8, 2019, the First Department issued a decision in Pastreich v. Pastreich, 2019 NY Slip O… Read More
October 15, 2019 Plaintiff May Not Move to Amend Complaint After Complaint Has Been Dismissed
On October 1, 2019, the First Department issued a decision in Tanner v. Stack, 2019 NY Slip Op. 0703… Read More
October 14, 2019 Faithless Servant Claim Requires Defendant to Have Acted Directly Against Employer's Interests as in Embezzlement, Improperly Competing or Usurping Business Opportunities
On October 1, 2019, the First Department issued a decision in Bluebanana Group v. Sargent, 2019 NY S… Read More
October 13, 2019 Fraud Claim Cannot be Based on Alleged Intention Not to Perform Contract
On September 25, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 12, 2019 Court Dismisses Federal Securities Fraud Claims
On September 26, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 11, 2019 Failure to Send Regular Invoices Defeats Account Stated Claim
On September 13, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 10, 2019 Court Refuses to Apply Apex Doctrine to Quash Subpoena
On September 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 9, 2019 Derivative and Individual Claims Based on Same Facts Cannot be Brought in Same Action
On September 23, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 8, 2019 Statute of Frauds Bars Claim Based on Alleged 99-Year Lease
On August 21, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Roman C… Read More
October 7, 2019 Sale of Bond Transfers All Claims Held by Previous Owner
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 6, 2019 Derivative Claims Against LLC's Non-Managing Members Dismissed
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 5, 2019 Default Judgment Denied Due to Failure to Prove Damages; Plaintiff Allowed to Take Discovery and Renew Motion
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 4, 2019 Action is Not First Filed Action for CPLR 3211(a)(4) Purposes if Summons With Notice is Not Followed by Complaint
On September 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 2, 2019 Court Dismisses Conversion Claim Based on Copying Electronic Files
On September 19, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
October 1, 2019 Defendant's Acknowledgement of Existence of Oral Contract Defeats Statute of Frauds Defense
On September 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 30, 2019 Defendant Fails to Provide Adequate Basis for Vacating Default
On September 25, 2019, the Second Department issued a decision in Redbridge Bedford, LLC v 159 N. 3r… Read More
September 28, 2019 Tenant Could Not Bring and Then Consolidate Two Actions to Avoid No Counterclaims Provision in Lease
On September 20, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 27, 2019 Yellowstone Injunction Denied Because Failure to Have Insurance Was Not Curable
On September 12, 2019. Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 26, 2019 Lender - Borrower Relationship Does Not Give Rise to Fiduciary Duty
On September 11, 2019, Justice Cohen of the New York County Commercial Division issued a decision in… Read More
September 25, 2019 Corporate Officer Liable for Business Tort Only to Extent of Personal Participation in and Knowledge of It
On September 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 24, 2019 Additional Notices of Claim Related Back to Original Summons With Notice
On September 17, 2019, the First Department issued a decision in HSBC Bank USA v. Merrill Lynch Mtge… Read More
September 23, 2019 First Department Recognizes Narrow Exception to Rule that Privilege Rules Applied to Evidence Are Those of Forum in Which Evidence Will Be Used
On September 17, 2019, the First Department issued a decision in Ambac Assur. Corp. v. Nomura Credit… Read More
September 22, 2019 Senior Lender Did Not Have Special Duty to Subordinated Junior Lender
On September 9, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 21, 2019 Court Erred in Vacating Default When There Was No Reasonable Excuse for the Default
On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY… Read More
September 20, 2019 Shareholder Agreement Provision Requiring Shareholders and Corporation to Agree on Shareholder's Compensation Unenforceably Vague
On September 11, 2019, the Second Department issued a decision in Osborne v. Williamson Law Book Co.… Read More
September 19, 2019 First Department Approves Sampling in RMBS Actions
On September 17, 2019, the First Department issued a decision in Home Equity Mtge. Trust Series 2006… Read More
September 18, 2019 Dismissal of Foreclosure Action for Failure to Prosecute Vacated
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2… Read More
September 17, 2019 Account Stated Claim Cannot Create Liability Where None Exists
On September 10, 2019, the First Department issued a decision in Cushman & Wakefield, Inc. v. Ka… Read More
September 16, 2019 General Obligations Law 5-1402 Bars Forum Non Conveniens Motion
On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 14, 2019 Initial Consultation Insufficient to Justify Counsel's Disqualification on Conflict Grounds
On September 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 13, 2019 Bank Holding Company Not Liable for Acts of its Banking Subsidiary
On September 5, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 11, 2019 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed rule changes. Firs… Read More
September 10, 2019 Placing Disputed Funds in Escrow Did Not Stop Liability for Post-Judgment Interest
On September 10, 2019, the First Department issued a decision in Triadou SPV S.A. v. CF 135 Flat LLC… Read More
September 9, 2019 Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money
On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 8, 2019 Court Grants Yellowstone Injunction, Noting Low Burden for Granting Such an Injunction
On July 11, 2019, Justice Livote of the Queens County Commercial Division issued a decision in US Ba… Read More
September 7, 2019 Court Grants Mandatory Injunction Requiring Defendant to Sign Document
On June 21, 2019, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mo… Read More
September 6, 2019 Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
September 5, 2019 Oral Agreement to Pay Employee's Legal Fees Barred by Statute of Frauds to the Extent it Related to Future Litigation
On August 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Co… Read More
September 4, 2019 Purchaser Had Constructive Notice of Easement Even Though Easement Was Not Indexed to Lot
On September 3, 2019, the First Department issued a decision in Akasa Holdings, LLC v. 214 Lafayette… Read More
September 2, 2019 Where Contract Has Choice of Law Provision, Substantive Law of Chosen Jurisdiction Controls Award of Prejudgment Interest
On August 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 1, 2019 That Deadlocked Corporation Continued to Operate at a Profit Not Grounds for Refusing to Dissolve Corporation
On August 22, 2019, the Fourth Department issued a decision in Matter of Cellino v Cellino & Bar… Read More
August 31, 2019 Filing Amended Complaint Did Not Moot Pending Motion to Dismiss
On August 22, 2019, the Fourth Department issued a decision in Paramax Corp. v. VoIP Supply, LLC, 20… Read More
August 30, 2019 Tortious Interference Claim Dismissed on Summary Judgment for Lack of Evidence That Defendant Intended to Cause Breach
On August 22, 2019, the Fourth Department issued a decision in Transpo Bus Servs., LLC v. New York B… Read More
August 29, 2019 Breach of Oral Contract Claim Barred by Statute of Frauds
On August 21, 2019, the Second Department issued a decision in Martin Greenfield Clothiers, Ltd. v. … Read More
August 28, 2019 Corporate Parent Not Liable Under Plaintiff's Employment Agreement With a Subsidiary
On August 16, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
August 27, 2019 Plaintiff That Did Not Sign Contract Lacked Standing to Bring Breach of Contract Claim
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Sp… Read More
August 26, 2019 Court Denies Motion to Compel Because Discovery Sought Not Material and Necessary
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in GC… Read More
August 25, 2019 Complaint Fails Because of Insufficient Affidavit of Service
On August 21, 2019, the Second Department issued a decision in Aurora Loan Servs., LLC v. Revivo, 20… Read More
August 24, 2019 Malpractice Claim Partially Barred by In Pari Delicto Defense
On August 21, 2019, the Second Department issued a decision in Gobindram v. Ruskin Moscou Faltischek… Read More
August 22, 2019 Documents Not Prepared in Anticipation of Litigation Not Entitled to Work-Product Protection
On August 7, 2019, Justice Borrok of the New York County Commerical Division issued a decision in Sp… Read More
August 21, 2019 Client's Failure Timely to Dispute Bills Entitles Law Firm to Summary Judgment on Account Stated Claim
On August 1, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Law… Read More
August 20, 2019 Economic Interest Defense Defeats Tortious Interference Claim
On August 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
August 19, 2019 Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary
On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
August 18, 2019 SLUSA Stay Applies Even in State Court Actions
On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
August 17, 2019 Plaintiff Adequately Alleged Breach of Covenant of Good Faith and Fair Dealing Notwithstanding Clause Granting Defendant Sole Discretion in Taking Certain Action
On July 30, 2019, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
August 16, 2019 Dismissal on Forum Non Conveniens Grounds Does Not Require the Existence of an Alternative Forum
On August 6, 2019, the First Department issued a decision in Primus Pac. Partners 1, LP v. Goldman S… Read More
August 15, 2019 Court Declines to Award Prejudgment Interest on Unjust Enrichment Damages Award
On July 27, 2019, Justice Friedman of the New York County Commercial Division issued a decision in O… Read More
August 14, 2019 Out-of-State Business's Failure to Register in New York Caused it to Lack Standing to Sue
On July 24, 2019 Justice Borrok of the New York County Commercial Division issued a decision in Inte… Read More
August 12, 2019 Attorney's Notice of Appearance Has Same Effect As An Answer for Purposes of Challenging Jurisdiction
On August 7, 2019, the Second Department issued a decision in Mid-Island Mtge. Corp. v. Johnson, 201… Read More
August 11, 2019 Court Need Not Determine Whether There is Personal Jurisdiction Before Dismissing on Forum Non Conveniens Grounds
On August 6, 2019, the First Department issued a decision in Kainer v. UBS AG, 2019 NY Slip Op. 0605… Read More
August 10, 2019 Discovery Sanctions Denied for Failure to Explain in Detail Movant's Efforts to Resolve the Dispute
On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 20… Read More
August 9, 2019 Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties
On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 8, 2019 Alleged Misrepresentation Regarding Future Performance Insufficient to Support Claim for Fraudulent Inducement
On July 8, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in G… Read More
August 7, 2019 Plaintiff Can Bring Suit as Third-Party Beneficiary of Contract
On July 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in HTRF … Read More
August 6, 2019 Law Firm Disqualified; Its Prior Representation of Opposing Party Was Substantially-Related to Current Dispute
On July 12, 2019, Justice Borrok of the New York County Commercial Division issued a decision in NL … Read More
August 5, 2019 Malpractice Claim Dismissed as Premature Because the Harm Arising from the Alleged Malpractice Has Not Yet Occurred
On July 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Y… Read More
August 4, 2019 Party That Fails to Close on Purchase Cannot Later Enforce Right of First Refusal
On July 15, 2019, Justice Schecter of the New York County Commercial Division issued a decision in V… Read More
August 3, 2019 Failure Timely to Move for Default Judgment Leads to Dismissal of Claim
On July 17, 2019, the Second Department issued a decision in U.S. Bank N.A. v. White, 2019 NY Slip O… Read More
August 2, 2019 Allegations That Complaint is Based on False Statement Basis for Judiciary Law Counterclaim
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Gera… Read More
August 1, 2019 Party Waived Right to Arbitrate By Asserting Claims in Litigation
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in WZ U… Read More
July 31, 2019 Plaintiff's Delay in Bringing Suit or Exercising Other Remedies Did Not Waive Right to Sue
On July 3, 2019, Justice Schecter of the New York County Commerical Division issued a decision in Ta… Read More
July 30, 2019 Merger Clause That Lacked Specificity Needed to Bar Fraud Claims
On July 15, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
July 29, 2019 Derivative Action Dismissed for Failure to Make Demand/Adequately Plead Demand Futility
On June 28, 2019, Justice Masley of the New York County Commercial Division issued a decision in Gam… Read More
July 28, 2019 Indenture's No Action Clause Cannot Bar Claim for Unpaid Payments
On July 5, 2019, Justice Masley of the New York County Commerical Division issued a decision in Pala… Read More
July 27, 2019 Court Explains Basis for Calculating Undertaking in Connection With An Injunction
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in East… Read More
July 26, 2019 Expert Report Excluded for Failure to Explain Basis for Opinions
On July 11, 2019, Justice Cohen of the New York County Commercial Division issued a decision in 30-3… Read More
July 25, 2019 Movant's Inability to Find Evidence in its Possession Insufficient Grounds for Renewal
On July 11, 2019, Justice Friedman of the New York County Commercial Division issued a decision in T… Read More
July 24, 2019 Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract
On July 17, 2019, the Second Department issued a decision in Did-it.com, LLC v. Halo Group, Inc., 20… Read More
July 23, 2019 Claim Dismissed as Derivative, Not Direct
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in 600-… Read More
July 22, 2019 Negligence Claim Cannot Be Based on Alleged Failure Adequately to Perform Contractual Duties
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Corn… Read More
July 21, 2019 Party Not Entitled to Fees on Fees
On July 8, 2019, Justice Scapulla of the New York County Commercial Division issued a decision in Pa… Read More
July 20, 2019 Shareholders Did Not Breach Duty to Company by Operating Competing Companies
On July 10, 2019, the Second Department issued a decision in Laffey v. Laffey, 2019 NY Slip Op. 0552… Read More
July 17, 2019 Common Interest Privilege Does Not Apply to Merger Transaction
On July 9, 2019, the First Department issued a decision in Telx-New York, LLC v. 60 Hudson Owner LLC… Read More
July 16, 2019 When There is Question Regarding Whether a Party Signed Agreement With Arbitration Clause, Question of Arbitrability is for Court, Not Arbitrator, to Decide
On June 27, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Sur… Read More
July 15, 2019 Fraud Claims Not Duplicative of Malpractice Claims
On June 27, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 14, 2019 Shareholders and Directors Not Liable for Breach of Company's Contractual Obligations
On June 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Town… Read More
July 13, 2019 Efforts to Mitigate Losses Did Not Affirm Contract After Breach
On July 2, 2019, the First Department issued a decision in Lantau Holdings Ltd. v. Orient Equal Intl… Read More
July 12, 2019 Legal Malpractice Claim Fails Without Allegations of Damages
On July 2, 2019, the First Department issued a decision in Miami Capital, LLC v. Hurwitz, 2019 NY Sl… Read More
July 11, 2019 Court Refuses to Impose PSLRA Stay on Securities Act Action Pending in Commercial Division
On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in M… Read More
July 10, 2019 Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney's Fees
On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Sli… Read More
July 9, 2019 Corporate Defendant's Mail Delivery Problems Not Basis for Vacating Default Judgment
On June 17, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fis… Read More
July 8, 2019 Policy Notices Submitted by Defendant Insurer Not 3211(a)(1) Documentary Evidence
On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. … Read More
July 7, 2019 Court Grants Specific Performance of Contract Because of Difficulty in Enforcing Judgment on Defendants' Foreign Assets
On June 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
July 6, 2019 Party Ordered to Pay Opponent's Cost of Compelling Discovery As Sanction for Failing to Obey Discovery Orders
On June 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in Bor… Read More
July 5, 2019 Commercial Division Justice Will Not Stay First-Filed Securities Act Case in Favor of Later-Filed Action in SDNY
On June 21, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in H… Read More
July 4, 2019 Party's Failure to State its Intent to Perform a Contract can Demonstrate Repudiation
On June 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Coo… Read More
July 3, 2019 Conviction Relating to Bribery of Defendant Does Not Bar Suit as a Matter of Law
On June 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision in A… Read More
July 2, 2019 Qui Tam Claim Not Subject to Particularity Requirements of CPLR 3106
On June 20, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in S… Read More
July 1, 2019 Failure to Give Required Notice Doomed Indemnification Claim
On June 24, 2019, Justice Risi of the Queens County Commercial Division issued a decision in Quantum… Read More
June 29, 2019 Subsequent Agreement Reducing Tenant's Rent Obligations Insufficient to Discharge Guarantor's Obligations Under Initial Contract
On June 18, 2019, the First Department issued a decision in SpringPrince, LLC v. Elie Tahari, Ltd., … Read More
June 28, 2019 Protected Purchaser Provision of UCC 8-303 Does Not Defeat Claims
On June 18, 2019, the First Department issued a decision in Black Diamond Capital Mgt., LLC v. Oppen… Read More
June 27, 2019 Communications Seeking Legal Advice Through Third-Parties Privileged
On June 18, 2019, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer,… Read More
June 26, 2019 Client Can Seek to Recoup Fees Paid to Counsel that had an Alleged Conflict of Interest
On June 19, 2019, the Second Department issued a decision in Baugher v. Cullen & Dykman, LLP, 20… Read More
June 25, 2019 Claim Barred by Election of Remedies
On June 13, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Infe… Read More
June 24, 2019 Court Refuses to Vacate Arbitration Award for Manifest Disregard of the Law
On June 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Wern… Read More
June 23, 2019 Non-Client Adequately Alleged Fiduciary Duty Claims Against Law Firm
On June 11, 2019, the First Department issued a decision in Devlin v. Greenberg Traurig, LLP, 2019 N… Read More
June 22, 2019 Changing a Draft Contract Proffered by Counterparty Extinguishes Offered Contract and Represents a Counteroffer
On June 13, 2019, the First Department issued a decision in Brown v. Cerberus Capital Mgt., L.P., 20… Read More
June 21, 2019 GBL 13 Claim for Malicious Service of Process on the Sabbath Dismissed for Lack of Allegations of Malice
On May 28, 2019 Justice Knipel of the Kings County Commercial Division issued a decision in Hargrove… Read More
June 20, 2019 Group Pleading Renders Fraud Claim Insufficient
On June 7, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Arent… Read More
June 19, 2019 Court Denies Default Judgment for Lack of Evidence Supporting Plaintiff's Claim
On June 6, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in St… Read More
June 16, 2019 Justice Friedman Updates Part Rules
Justice Marcy S. Friedman of the New York County Commercial Division recently updated her individual… Read More
June 15, 2019 Remedy for Motion Court's Refusal to Sign Order to Show Cause is Appeal, Not Re-submission to a Different Judge
On June 12, 2019, the Second Department issued a decision in Cypress Hills Mgt., Inc. v. Lempenski, … Read More
June 14, 2019 Continuous Representation Doctrine Allegations Insufficient to Save Professional Malpractice Claims
On June 3, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in B… Read More
June 13, 2019 Court Should Have Vacated Note of Issue Where Discovery Not Complete
On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng'g &a… Read More
June 13, 2019 Apparent Authority Created by Acts of the Principal, Not the Agent
On April 16, 2019, Justice Grays of the Queens County Commercial Division issued a decision in 45-34… Read More
June 12, 2019 Court Refused to Void Contract Because of Economic Duress
On June 4, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Sn… Read More
June 11, 2019 Public Policy Does Not Bar Indemnification for Prior Criminal Acts
On June 3, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Ar… Read More
June 10, 2019 Trademark Cannot be the Subject of a Conversion Claim
On May 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kim … Read More
June 9, 2019 Appellants Who Were Not Parties to Arbitration Waived Right to Challenge Award
On June 6, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman,… Read More
June 8, 2019 Despite Alleged Participation of New York Parties in Fraud, New York Found to be Inconvenient Forum
On June 4, 2019, the First Department issued a decision in Rodionov v Redfern, 2019 NY Slip Op. 0432… Read More
June 7, 2019 Tortious Interference Claim Fails When Defendants' Actions Motivated by Self-Interest and Other Economic Considerations
On June 5, 2019, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LL… Read More
June 6, 2019 Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended
On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo W… Read More
June 5, 2019 Action Properly Dismissed in Favor of Prior Pending Action
On May 29, 2019, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Luxama, 201… Read More
June 3, 2019 Defendant Fails to Overcome Presumption of Proper Service
On May 29, 2019, the Second Department issued a decision in Wells Fargo Bank, NA v. Burshstein, 2019… Read More
June 2, 2019 Non-Party May Appeal if it is Aggrieved By the Order Appealed From
On May 30, 2019, the First Department issued a decision in Mutual Benefits Offshore Fund, Ltd. v. Ze… Read More
June 1, 2019 Landlord Changing Locks Constitutes Eviction
On May 30, 2019, the First Department issued a decision in Mauray Realty Co. v. Advantage Plastics, … Read More
May 29, 2019 Agreement for a Referral Fee for Sale of Company's Shares Inapplicable to Sale of Company's Assets
On May 28, 2910, the First Department issued a decision in Sassoon v. CDx Diagnostics, Inc., 2019 NY… Read More
May 27, 2019 Court Dismisses Claims, Enforcing No Damages for Delay Clause
On May 23, 2019, the First Department issued a decision in Welsbach Elec. Corp. v. Judlau Contr., In… Read More
May 26, 2019 Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission
On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 040… Read More
May 24, 2019 Court Excuses Late Filing of Affidavit of Service
On May 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fur… Read More
May 23, 2019 Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Stea… Read More
May 22, 2019 Being Listed on the NYSE Insufficient to Confer Personal Jurisdiction
On May 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
May 21, 2019 Court Rejects Economic Duress Claim
On May 6, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kaye… Read More
May 20, 2019 Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 51… Read More
May 19, 2019 Based on FINRA Rules, Court Declines to Order Class Action Arbitration
On May 15, 2019, the Second Department issued a decision in Rutella v. National Sec. Corp., 2019 NY … Read More
May 18, 2019 Party Asserting Lack of Service as an Affirmative Defense Must Move for Judgment on that Defense Within 60 Days of Answering
On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op… Read More
May 17, 2019 Where Company Lacked a Principal Place of Business in Any One State, its Residence For Purposes of the Borrowing Statute Was Its State of Incorporation
On May 9, 2019, the First Department issued a decision in Interventure 77 Hudson LLC v. Falcon Real… Read More
May 16, 2019 Court Appoints Receiver to Perform Long-Delayed Winding Up
On April 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision in T… Read More
May 15, 2019 Joining Co-Defendants' Motion to Dismiss Tolled Party's Time to Answer
On May 2, 2019, the First Department issued a decision in Levine v Singal, 2019 NY Slip Op. 03438, … Read More
May 14, 2019 Disclaimers Protect Publisher From Liability for Alleged Inaccuracies in Treatise
On May 2, 2019, the First Department issued a decision in Himmelstein, McConnell, Gribben, Donoghue… Read More
May 13, 2019 List of Witnesses to be Interviewed Not Privileged
On May 2, 2019, the First Department issued a decision in Gottwald v. Sebert, 2019 NY Slip Op. 0347… Read More
May 12, 2019 Fraud in the Inducement Claim Not Duplicative of Breach of Contract Claim
On May 1, 2019, the Second Department issued a decision in 260 Mamaroneck Ave., LLC v. Guaraglia, 2… Read More
May 11, 2019 Unjust Enrichment Claim Dismissed for Failure to Aledge How the Defendant Was Unjustly Enriched
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ta… Read More
May 10, 2019 Justice Platkin Analyzes Enforcement of Forum Selection Clauses
On April 17, 2019, Justice Platkin of the Albany County Commercial division issued a decision in New… Read More
May 9, 2019 Contract Term Waiving Right to Seek Yellowstone Injunction Enforceable
On May 7, 2019, the Court of Appeals issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 20… Read More
May 7, 2019 Fraudulent Inducement Counterclaim Dismissed for Failure to Allege Out-of-Pocket Damages
On April 12, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
May 6, 2019 Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy
On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 5, 2019 Defendant Waives Standing Defense By Failing to Raise it in Answer or Motion to Dismiss
On March 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Fra… Read More
April 30, 2019 Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution
On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip … Read More
April 29, 2019 Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity
On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip … Read More
April 28, 2019 Court Upholds Unfair Competition Claim Based on Theft of Trade Secrets
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in We… Read More
April 27, 2019 Conduct Amounting to Nothing More than Common Business Practice Cannot Be Basis for Aiding and Abetting Breach of Fiduciary Duty Claim
On April 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 26, 2019 Questions of Fact Preclude Decision on Whether Tenant Held-Over By Leaving Office Furniture and Equipment in Premisis
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ro… Read More
April 25, 2019 Plaintiff has no Property Interest in Likeness Outside Civil Rights Law
On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jo… Read More
April 24, 2019 Questions of Fact Preclude Dismissal on Litigation Privilege Grounds of Claim Based on Defendant's Alleged Pre-Ligitation Defamatory Statement
On March 25, 2019, Justice Masley of the New York County Commercial Division issued a decision in P… Read More
April 23, 2019 Contract With Specific Term Not Renewed by Course of Conduct
On March 27, 2019, Justice Masley of the New York County Commercial Division issued a decision in M… Read More
April 22, 2019 Partnership Tax Returns Were Not Dispositive Evidence of Plaintiff's Status as a Partner
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
April 21, 2019 Anticipatory Repudiation Claim Dismissed For Failure Unequivocally to Allege a Refusal Further to Perform
On April 2, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 20, 2019 Court Grants Default Judgment; No Good Cause Shown for Failure Timely to Answer
On March 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
April 19, 2019 Court Cannot Rule on Whether Dispute is Arbitrable When Agreement Explicitly Assigns That Task to the Arbitrator
On March 26, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
April 18, 2019 Non-Signatory Bound By Forum Selection Clause
On March 26, 2019, Justice Masley of the New York County Commercial Divsion issued a decision in Kl… Read More
April 16, 2019 Failure to Seek Default Judgment Within One Year of Default Results in Dismissal of Claims
On March 13, 2019, Justice Knipel of the Kings County Commercial Division issued a decision in Matte… Read More
April 15, 2019 Court Analyzes Application of Saving Statue to Case That had Been Transferred Multiple Times
On March 25, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Fed… Read More
April 14, 2019 First Department Affirms Order Remanding Arbitration to New Arbitrator
On April 11, 2019, the First Department issued a decision in Policy Admin. Solutions, Inc. v. QBE Ho… Read More
April 12, 2019 Contra Proferentem Doctrine Does Not Apply When Contract is Unambiguous and the Parties are Sophisticated
On April 2, 2019, the First Department issued a decision in Churchill Real Estate Holdings LLC v. C… Read More
April 11, 2019 Counsel Waived Privilege by Forwarding E-mail Chain Containing Privileged Conversations to Opponent
On March 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
April 10, 2019 Questions of Fact Preclude Dismissal of Criminal Usury Defense
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in E… Read More
April 9, 2019 Oral Agreement to Sell Securities Enforceable Even if it Cannot Be Performed Within a Year
On March 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 8, 2019 Contractual Disclaimers Barred Fraud Claim
On March 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 7, 2019 Claimed Deception Among Jewelry Wholesales Supported General Business Law 349 Claim Because Alleged Fraud Ultimately Harmed Public
On March 18, 2019, Justice Scarpulla of the New York County Commercial Divsion issued a decision in… Read More
April 6, 2019 Statute of Frauds Bars Claim for Fee in Connection with Finding a Business Opportunity
On March 27, 2019, the Second Department issued a decision in Best Global Alternative, Ltd. v. FCIC… Read More
April 5, 2019 Defendant Waived Defense of Lack of Jurisdiction By Engaging in Significant Activity in the Action
On March 27, 2019, the Second Department issued a decision in HSBC Bank USA, N.A. v. Taub, 2019 NY … Read More
April 4, 2019 That Defendant Caused Plaintiff to Breach Contract With Third Party Cannot Be Basis of Tortious Interference Claim
On March 22, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust Co… Read More
April 3, 2019 Court Declines to Issue Declaratory Judgment on Default; Hearing Necessary
On March 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in W… Read More
April 2, 2019 Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in B… Read More
April 1, 2019 Single, Pre-Contract, Meeting and Telephone and E-mail Communications Insufficient to Establish Personal Jurisdiction in New York
On March 18, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 31, 2019 Fraud Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim
On March 19, 2019, the First Department issued a decision in Ohm NYC LLC v. Times Sq. Assoc. LLC, … Read More
March 30, 2019 Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts
On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros… Read More
March 29, 2019 Questions of Fact Preclude Dismissal of Gross Negligence Claim
On March 12, 2019, the First Department issued a decision in S.A. De Obras y Servicios, COPASA v. B… Read More
March 28, 2019 Fraud Claim Dismissed for Failure to Allege Who Made Misrepresentation and Where, When and How it was Made
On March 12, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
March 27, 2019 Claims Relating to Injury to LLC Permissible Direct Claims When They Also Relate to Separate Injury to Plaintiff
On March 12, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
March 26, 2019 Court Denies Motion to Dismiss Malpractice Claim Relating to Settlement Despite Plaintiff's Allocution to the Settlement Terms
On March 7, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ro… Read More
March 25, 2019 Once Claim on Principal is Time-Barred, Suit to Recover Post-Maturity Interest on Principal is Time-Barred as Well
On March 21, 2019, the Court of Appeals issued a decision in Ajdler v. Province of Mendoza, 2019 NY … Read More
March 24, 2019 Lack of Retainer Agreement Does Not Bar Counsel from Recovering For Work on Account Stated Theory
On March 12, 2019, the First Department issued a decision in Carling v. Peters, 2019 NY Slip Op. 01… Read More
March 23, 2019 Non-Signatories Not Bound by Agreement to Arbitrate
On February 25, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 22, 2019 Judicial Estoppel Bars Defendant From Taking Factual Position Different From That Taken in Earlier Actions or Proceedings
On February 28, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
March 21, 2019 Contract Claim Dismissed for Lack of Damages
On February 27, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 20, 2019 Court Grants Forum Non Conveniens Motion
On February 28, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 19, 2019 Common Law Indemnification Claims Dismissed For Lack of Vicarious Liability or Fault
On March 1, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
March 18, 2019 No Yellowstone Injunction Where Tenant Cannot Cure Breach of Lease
On March 5, 2019, the First Department issued a decision in Bliss World LLC v. 10 W. 57th St. Realty… Read More
March 17, 2019 Business Valuation Not Protected by Attorney-Client Privilege
On February 28, 2019, the Third Department issued a decision in Galasso v. Cobleskill Stone Prods.,… Read More
March 16, 2019 Claim Time-Barred Because it Was Not Assigned to Plaintiff Until After Statute of Limitations Had Run
On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019… Read More
March 15, 2019 Lease's Rent Credit Provision Unenforceable Penalty
On February 28, 2019, the First Department issued a decision in Free People of PA LLC v. Delshah 60… Read More
March 14, 2019 Qualified Privilege Bars Defamation Claim
On February 26, 2019, the First Department issued a decision in L.Y.E. Diamonds, Ltd. v. Gemological… Read More
March 13, 2019 Attorney Fee Provision Entitling Plaintiff to Fees Equaling One Third of Award Unenforceable
On February 20, 2019, Justice Cohen of the New York County Commercial Division issued a decision in… Read More
March 12, 2019 Stipulation to Support Class Action Settlement Unenforceable
On February 14, 2019, the First Department issued a decision in Cohen v. Saks Inc., 2019 NY Slip O… Read More
March 11, 2019 Court Clarifies Rules Regarding Accrual of RMBS "Failure to Notify" Put-Back Claims
On February 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
March 10, 2019 Defendant Waived Lack of Personal Jurisdiction Defense By Bringing Earlier, Related Action
On February 19, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 9, 2019 Defendant Granted Default Judgment on its Counterclaims Against Plaintiff
On February 8, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
March 8, 2019 Claims Not Barred by Collateral Estoppel or Res Judicata Because They Had Not Matured When First Action Brought
On February 13, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
March 7, 2019 Action Dismissed For Failure Timely to Serve Summons and Complaint
On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More
March 6, 2019 Claim Barred by Voluntary Payment Doctrine
On November 8, 2018, Justice Garguilo of the Suffolk County Commercial Division issued a decision in… Read More
March 5, 2019 Defamation Claim Dismissed; Alleged Defamatory Statements Subject to Qualified Privilege
On February 20, 2019, the Second Department issued a decision in Udeogalanya v. Kiho, 2019 NY Slip … Read More
March 4, 2019 Plaintiff Did Not Waive Privilege; Subpoena to Plaintiff's Counsel Should Have Been Quashed
On February 21, 2019, the First Department issued a decision in Henneberry v. Borstein, 2019 NY Sli… Read More
March 3, 2019 Tortious Interference Based on Defamation Must be Pleaded With Particularity
On February 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 2, 2019 Notice of Lease Renewal Ineffective Because Not Timely Sent
On February 12, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 1, 2019 Remedies Bar Prevented Holders of Subordinated Debt From Suing Debtor
On February 14, 2019, the First Department issued a decision in J-Bar Reinforcement, Inc. v. Crest H… Read More
February 28, 2019 First Department Affirms Discovery Sanction
On February 26, 2019, the First Department issued a decision in Transasia Commodities Inv. Ltd. v. N… Read More
February 27, 2019 Party That Did Not Sign Contract Can Invoke Contract's Forum Selection Clause Based on Close Relationship With Signatory
On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
February 26, 2019 Dissolved Corporation Can Bring Claim as Part of its Winding Up
On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 25, 2019 Court Appoints Temporary Receiver Over Deadlocked Corporation
On January 31, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
February 24, 2019 Lack of Consideration Defense Even to Unconditional Guaranty
On February 19, 2019, the First Department issued a decision in Moon 170 Mercer, Inc. v. Vella, 20… Read More
February 23, 2019 Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee
On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 … Read More
February 22, 2019 RMBS Trustee's Failure to Give With Notice to Cure Within Limitations Period Does Not Bar Trustee from Curing Failure and Refiling Suit
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
February 21, 2019 Fraud Claim Not Duplicative of Contract Claim Because it Was Alleged Misrepresentation Made Before Contract and Was Collateral to It
On February 5, 2019, the First Department issued a decision in Dynamic-Hakim, LLC v. Maloney, 2019 … Read More
February 20, 2019 RMBS Trustee's Untimely-Filed Complaint Cannot Relate Back to Certificateholder's Suit on Behalf of Trust, Which Was Barred by Trust's No Action Clause
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
February 19, 2019 Trade Secret Misappropriation Claim Dismissed for Failure Adequately to Describe the Alleged Trade Secrets
On February 5, 2019, the First Department issued a decision in Schroeder v. Cohen, 2019 NY Slip Op.… Read More
February 18, 2019 Even Though Home Improvement Contract Was Unenforceable for Failure to Provide Required Notice, Plaintiff Still Could Recover Value of Work Performed
On February 8, 2019, the Fourth Department issued a decision in Weiss v. Zellar Homes, Ltd., 2019 N… Read More
February 17, 2019 Fraud Claim Dismissed for Failure to Show Out-of-Pocket Damages
On February 8, 2019, the Fourth Department issued a decision in Southwestern Invs. Group, LLC v. JH … Read More
February 16, 2019 Prompt Payment Act's Arbitration Provisions Make Contract's Agreement to Litigate Disputes Covered by the Act Unenforceable
On January 30, 2019, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 15, 2019 Mechanic's Lien Unenforceable Because it Was Not Timely Filed
On January 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
February 14, 2019 A Lawyer's Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More
February 13, 2019 Account Stated Claim Fails Without Evidence that Defendant Received Invoices and Did Not Object Within a Reasonable Time
On December 4, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Si… Read More
February 12, 2019 Third-Party Complaint Improper When Third-Party Defendants Not Liable for all or Part of Plaintiff's Claims Against Defendant
On December 12, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Ru… Read More
February 12, 2019 Conspiracy to Breach Fiduciary Duty Claim Properly Dismissed for Failure to Allege Facts Relating to Acts in Support of Conspiracy
On February 1, 2019, the Fourth Department issued a decision in Cohen & Lombardo, P.C. v. Conno… Read More
February 11, 2019 Letter of Intent Binding Contract Requiring Parties to Negotiate and Consummate Sale Transaction
On January 28, 2019, Justice Ash of the Kings County Commercial Division issued a decision in A.J. … Read More
February 10, 2019 Plaintiff Allowed to Correct Caption When It Mistakenly Sued Under Incorrect Name
On January 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
February 9, 2019 Justices Scarpulla and Schecter Updates Part Rules
Justices Saliann Scarpulla and Jennifer Schecter of the New York County Commercial Division recently… Read More
February 8, 2019 Causes of Action for Books and Records Inspection Dismissed for Lack of Business Purpose
On January 31, 2019, the First Department issued a decision in Austin v. Gould, 2019 NY Slip Op. 00… Read More
February 7, 2019 Mixed Result Meant that Neither Plaintiff Nor Defendant Was Prevailing Party for Award of Attorneys' Fees Purposes
On January 31, 2019, the First Department issued a decision in Blue Sage Capital, L.P. v. Alfa Lava… Read More
February 6, 2019 Partnership Not Entitled to Recover Fees from Derivative Action Plaintiff When Security for Fees Not Posted
On January 31, 2019, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2019 N… Read More
February 5, 2019 Liquidated Damages Clause Found to be Unenforceable Penalty
On January 29, 2019, the First Department issued a decision in Trustees of Columbia Univ. in the Ci… Read More
February 4, 2019 Insurance Broker Liable for Negligence in Preparing Application
On January 25, 2019, Justice Bucaria of the Nassau County Commercial Division issued a decision in … Read More
February 3, 2019 Upcoming Arguments in the Court of Appeals in February 2019
Upcoming argument in the Court of Appeals in February 2019 that may be of interest to commercial lit… Read More
February 2, 2019 Second Department Affirms Jury's Lost Profits Damage Award
On January 23, 2019, the Second Department issued a decision in East Hampton Union Free Sch. Dist. … Read More
February 1, 2019 Complaint Found to State Aiding and Abetting Fraud Claim Against Law Firm
On January 24, 2019, the First Department issued a decision in Gansett One, LLC v. Husch Blackwell, … Read More
January 31, 2019 Failure to Serve Order to Show Cause as Directed Jurisdictional Defect
On January 23, 2019, the Second Department issued a decision in Boucan NYC Café, LLC v. 467 Rogers… Read More
January 30, 2019 Court Imposes Constructive Trust Over Proceeds of Fraud
On January 10, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Kliba… Read More
January 29, 2019 Party That Benefited from Agreement With Arbitration Provision Bound by That Provision
On January 18, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 27, 2019 Transcripts and Videos of Arguments in the Court of Appeals for January 2019 Now Available
On December 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
January 26, 2019 Party Waived Right to Arbitrate By Suing Rather Than Moving to Compel Arbitration
On January 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 25, 2019 Disrespectful and Disproportionate Treatment of Female Shareholder Oppression Justifying Dissolution Under BCL
On January 9, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in Matter… Read More
January 24, 2019 Undertaking Related to Injunction Released Because There Was No Finding That Plaintiff Was Not Entitled to Injunction
On January 16, 2019, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,… Read More
January 23, 2019 New York Choice of Law Provision Enforceable Even Though Contract Not Connected to New York
On January 9, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 22, 2019 Shareholder Fails to Meet Standard for Corporate Dissolution
On January 10, 2019, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
January 21, 2019 Even Though Contract Gave the Defendant Discretion to Calculate Losses on Sale, it Was Required to Exercise That Discretion Reasonably
On January 17, 2019, the First Department issued a decision in Lehman Bros. Intl. (Europe)(in admin… Read More
January 20, 2019 Appeal of Preliminary Injunction Moot Because Act Sought to be Enjoined Already Occurred
On January 17, 2019, the First Department issued a decision in AmBase Corp. v. Spruce Capital Partne… Read More
January 19, 2019 Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve
On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FC… Read More
January 18, 2019 Delay Not Fatal to Motion to Amend
On November 14, 2018, Justice Grays of the Queens County Commercial Division issued a decision in E… Read More
January 17, 2019 Court Rejects Defense That Arbitration Agreement Was Signed Under Duress
On January 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 16, 2019 Subcontractor Prevails on Lien Law Claim
On January 9, 2019, the Second Department issued a decision in C.C.C. Renovations, Inc. v. Victoria… Read More
January 15, 2019 Court Grants Summary Judgment in Lieu of Complaint on Notes
On January 2, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 14, 2019 Contract Term Shortening Statute of Limitations Must Be Clear, Unambiguous, Reasonable and Fair
On December 13, 2017, Justice Paris of the Onondaga County Commercial Division issued a decision in … Read More
January 13, 2019 Defendant Denied Dismissal of Tortious Interference Claim Based on Economic Interest Defense
On January 8, 2019, the First Department issued a decision in Normandy Real Estate Partners LLC v. … Read More
January 12, 2019 Reassignment to Different Justice Does Not Affect Effect of Prior Justice's Rulings
On January 8, 2019, the First Department issued a decision in R&R Capital LLC v. Merritt, 2019 … Read More
January 11, 2019 Breach of Fiduciary Duty Claim Dismissed Under Business Judgment Rule
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 10, 2019 Court Imposes Preclusion Sanction on Defendant for Spoliation of Evidence
On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
January 9, 2019 Questions of Fact Preclude Summary Judgment on Claim for Deletion of Work in Construction Contract
On December 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 8, 2019 Questions of Fact Preclude Dismissal Regarding Whether Plaintiff's Reliance on Alleged Misrepresentations Was Reasonable
On December 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision… Read More
January 7, 2019 Tortious Interference Claim Dismissed on Summary Judgment
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 6, 2019 Court Erred in Dismissing GBL Section 349 Claim
On January 3, 2019, the Third Department issued a decision in Belair Care Ctr., Inc. v. Cool Insurin… Read More
January 5, 2019 Justices Borrok and Cohen Post Part Rules
Newly-assigned New York County Commercial Division Justices Andrew Borrok and Joel M. Cohen have pos… Read More
January 4, 2019 Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment
On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 3, 2019 Action Dismissed for Failure Timely to Serve Defendants
On December 17, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 2, 2019 Belated Complaint About Invoice Does Not Defeat Account Stated Claim
On November 1, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in … Read More
January 1, 2019 Theft of Trade Secret Claims Dismissed Because Information Was Disclosed to the Public
On December 11, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Corp… Read More
December 31, 2018 Memorandum of Understanding Found to be Unenforceable Agreement to Agree in the Future on Terms Rather Than Binding Contract
On December 20, 2018, the Third Department issued a decision in Doller v. Prescott, 2018 NY Slip Op… Read More
December 30, 2018 Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier
On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance… Read More
December 29, 2018 Written Agreement Requirement of CPLR 2104 Does Not Apply to Pre-Litigation Settlements
On November 8, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in W… Read More
December 28, 2018 Upcoming Arguments in the Court of Appeals in January 2019
Upcoming arguments in the Court of Appeals in January 2019 that may be of interest to commercial lit… Read More
December 27, 2018 Court Dismisses Action, Enforcing Forum Selection Clause
On December 14, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 26, 2018 Idea Misappropriation Claims Dismissed on Summary Judgment for Lack of Novelty
On December 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
December 25, 2018 Defendant Did Not Waive Attorney-Client Privilege
On December 13, 2018, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone… Read More
December 24, 2018 Option Unenforceable Due to Unreasonable Delay in Exercising It
On December 12, 2018, the Second Department issued a decision in Breslin v. Frankel, 2018 NY Slip O… Read More
December 23, 2018 Court Affirms Order Dissolving Corporation Whose Shareholders Were Deadlocked
On December 12, 2018, the Second Department issued a decision in Matter of ANO, Inc. v. Goldberg, … Read More
December 22, 2018 Court Refuses to Consider Parol Evidence in Interpreting Document Granting Easement
On December 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 21, 2018 Defendant Ratified Settlement Agreement By Accepting Benefits Despite Failure to Satisfy Express Condition
On December 13, 2018, the First Department issued a decision in GEM Holdco, LLC v. RDX Tech. Corp., … Read More
December 20, 2018 Questions of Fact Preclude Summary Judgment on Mutual Mistake Claim
On December 11, 2018, the First Department issued a decision in Securitized Asset Funding 2011-2, Lt… Read More
December 19, 2018 Discharge in Bankruptcy Does Not Accelerate Mortgage Debt
On November 19, 2018, Justice Karalunas of the Onondaga County Commercial Division issued a decision… Read More
December 17, 2018 Contract's Liquidated Damages Clause Held to be an Unenforceable Penalty
On November 30, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 16, 2018 Disclaimers of Representations Not Specific Enough to Bar Fraud Claim
On November 19, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
December 15, 2018 Common-Law Indemnification Unavailable to Defendant Seeking a Recovery for its Own Wrongdoing
On November 30, 2018, Justice Sherwood of the New York County Commercial division issued a decision … Read More
December 14, 2018 Break in Representation Bars Attempt to Toll Statute of Limitations Under Continuous Representation Doctrine
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 13, 2018 Fraud Claim Survives Despite Failure to Differentiate Between Acts of Different Defendants
On December 4, 2018, the First Department issued a decision in 47-53 Chrystie Holdings LLC v. Thuan… Read More
December 12, 2018 Court Lacks Subject Matter Jurisdiction Over Claim Against Foreign Bank By Non-Resident
On November 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 11, 2018 Court Enforces Contract Clause Limiting Damages
On November 29, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 10, 2018 Doctrine of Respondeat Superior Imposes Liability on Employer, Not Supervisor
On November 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 9, 2018 Fraud Claim Dismissed Because Plaintiff's Alleged Reliance Was Not Reasonable
On November 28, 2018, Justice Schecter of the New York County Commercial Division issued a decision … Read More
December 8, 2018 Court Refuses to Vacate Arbitral Award for Arbitrator Bias
On November 28, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
December 7, 2018 Defendants Cannot Avoid Summary Judgment on Contract Claim by Arguing Oral Modification
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 6, 2018 Movant Need Not Prove Willful and Contumacious Conduct to Prevail on Civil Contempt Motion
On December 5, 2018, the Second Department issued a decision in Palmieri v. Town of Babylon, 2018 NY… Read More
December 5, 2018 Mere Theory as to the Board's Misconduct Insufficient to Plead Demand Futility With Particularity
On November 15, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
December 4, 2018 Plaintiff Liable to Defendant on Defendant's Counterclaim Based on Facts Pleaded in the Complaint
On November 26, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 3, 2018 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed rule "[e]nhanc[ing] at… Read More
December 2, 2018 Labor Law Provision Allowing Employees to Sue General Contractor as Third-Party Beneficiaries Trumps Contract's No Third-Party Beneficiary Clause
On November 27, 2018, the First Department issued a decision in Wroble v. Shaw Envtl. & Infrast… Read More
December 1, 2018 Court Stays Lawsuit in Favor of Earlier-Filed Federal Class Action
On November 14, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 30, 2018 Plaintiff Without Interest in Land Cannot File Lis Pendens
On November 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 29, 2018 Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract
On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
November 28, 2018 Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal
On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleu… Read More
November 27, 2018 Plaintiff Not Entitled to Stay of Arbitration
On November 27, 2018, the First Department issued a decision in New 110 Cipriani Units, LLC v. Board… Read More
November 27, 2018 Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbit… Read More
November 26, 2018 Joint Venture's Controlling Shareholder Liable for Aiding and Abetting Manager's Breach of Fiduciary Duty
On October 22, 2018, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
November 25, 2018 Court Erred in Vacating Order Discontinuing Action
On November 21, 2018, the Second Department issued an opinion in IndyMac Bank, FSB v. Izzo, 2018 NY … Read More
November 24, 2018 Plaintiff Without Interest in Land Cannot File Lis Pendens
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in M… Read More
November 23, 2018 Parties That Signed Agreement on Behalf of Non-Existent Entities Personally Bound By Contract
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in O… Read More
November 22, 2018 Contractor Working for Tenant Allowed to Place a Lien on Landlord's Property
On November 20, 2018, the Court of Appeals issued a decision in Ferrara v. Peaches Cafe LLC, 2018 NY… Read More
November 21, 2018 Plaintiff Should Have Been Granted Yellowstone Injunction
On November 20, 2018, the First Department issued a decision in 106 Spring St. Owner LLC v. Workspac… Read More
November 20, 2018 Court Finds Pooling and Servicing Agreement to be Ambiguous, Orders Discovery
On November 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 19, 2018 Allegations of Duress Insufficient to Overcome Voluntary Payment Doctrine
On November 15, 2018, the First Department issued a decision in Beltway 7 & Props., Ltd. v. Blackroc… Read More
November 18, 2018 General Release Bars Claim Relating to Settled Claims
On November 7, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 17, 2018 Valuation Prepared as Part of Joint Venture's Break Up Not Privileged
On November 9, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 16, 2018 City Department of Finance Not Entitled to Two Percent Payment Fee On Abandoned Funds Transferred to Comptroller
On October 25, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
November 15, 2018 Award of Lost Profits Upheld
On November 9, 2018, the Fourth Department issued a decision in Henderson Harbor Mariners' Mar., In… Read More
November 14, 2018 Because Court Allowed Plaintiff to Amend Complaint, Court Erred in Deciding Summary Judgment Motion Before Defendant Answered Amended Complaint
On November 7, 2018, the Second Department issued a decision in R&G Brenner Income Tax Consulta… Read More
November 13, 2018 Fraud Claim Dismissed Because of Sophisticated Investor's Lack of Due Diligence
On October 29, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 12, 2018 Dismissal With Prejudice of Federal Securities Law Claims Does Not Bar Common Law Fraud Claims
On October 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 11, 2018 Plaintiff Asserting Derivative Claims Must be Represented by Counsel
On November 1, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 10, 2018 Minority Shareholders Must Give Other Shareholders an Opportunity to Buy Their Shares
On October 24, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
November 9, 2018 Corporate Officer May Be Held Liable for Corporation's Conversion
On October 31, 2018, the Second Department issued a decision in Starr Indem. & Liab. Co. v. Glo… Read More
November 8, 2018 Waiver of Right to Proceed Against Debtor Did Not Waive Right to Enforce Guaranty
On October 31, 2018, the Second Department issued a decision in Pitsy, LLC v. Rindenow, 2018 NY Sli… Read More
November 7, 2018 Legal Malpractice Claim Properly Dismissed as Time-Barred
On October 30, 2018, the First Department issued a decision in Brean Murray, Carret & Co. v. Mor… Read More
November 6, 2018 Action Dismissed Because GBL 130 Violation Was Not Curable
On October 30, 2018, the First Department issued a decision in Robert v. Ringerjeans, LLC, 2018 NY… Read More
November 5, 2018 Court Enforces No Damages for Delay Clause in Construction Contract
On October 22, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 4, 2018 Party Sanctioned for Excessive Attorneys' Eyes Only Designations
On October 18, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 3, 2018 Court Appoints Receiver Over Judgment Debtor's Property
On October 15, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 1, 2018 Proceeding to Compel Arbitration Cannot be Initiated Until Opponent Begins Litigation
On October 16, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
October 31, 2018 Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims
On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 3256… Read More
October 30, 2018 Court Allows Defendant to File an Answer 600 Days Late
On October 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 29, 2018 Complaint Withstands Motion to Dismiss Based on In Pari Delicto/Illegality Defense
On October 22, 2018, Justice Fisher of the Kings County Supreme Court issued a decision in Juan Carl… Read More
October 28, 2018 Compliance with No-Action Clauses Excused in Suit Against RMBS Trustee
On October 18, 2018, the First Department issued a decision in Blackrock Balanced Capital Portfolio … Read More
October 27, 2018 Plaintiff Denied Summary Judgment on Note Because of Question of Fact Regarding Whether Note Was Part of an Illegal Fee-Splitting Agreement
On October 17, 2018, the Second Department issued a decision in Linchitz Practice Mgt., Inc. v. Daa… Read More
October 26, 2018 First Department Affirms Conditional Order Striking Complaint
On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Ei… Read More
October 26, 2018 Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law
On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in N… Read More
October 25, 2018 Recognition of Alleged Loans on Partnership Books Raises Issues of Fact Regarding Statute of Limitations Precluding Dismissal
On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 24, 2018 Allegations of Conspiracy to Breach Contract Do Not Bar Tortious Interference Claim
On October 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
October 23, 2018 Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester … Read More
October 22, 2018 Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
October 22, 2018 Saying "So Sue Me" Did Not Trigger Duty to Preserve Evidence
On September 28, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 21, 2018 Claim for Commission on Real Estate Purchase Dismissed: Plaintiff Did Not Establish That He Was the Procuring Cause of the Transaction
On October 2, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
October 20, 2018 Allegation that Defendant Rendered New York Business Insolvent Through Fraudulent Transfer Sufficient to Establish Personal Jurisdiction
On October 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 19, 2018 New York Law Applied to Question of Whether Tort Claims Passed to Belgian Assignee
On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanl… Read More
October 18, 2018 Tortious Interference Claim Cannot Relate to a Contract that is Terminable at Will
On October 5, 2018, the Fourth Department issued a decision in American Recycling & Mfg. Co., In… Read More
October 17, 2018 Levy Can Be Extended if Motion to Extend is Made Before its Original Expiration Date
On September 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 16, 2018 Arbitration Provision in Later-Signed U-4 Form Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement
On October 2, 2018, the First Department issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (U… Read More
October 15, 2018 When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return
On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie,… Read More
October 14, 2018 Contractual Right to Take Actions Cannot Shield Fiduciary From Breach of Fiduciary Duty Claim if Fiduciary Acted in Bad Faith
On September 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 13, 2018 Fact Questions Regarding Whether Contract Breach Was So Material As to Justify Rescission Preclude Summary Judgment
On September 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
October 12, 2018 Court Rejects Claims for Common Law Indemnification and Contribution
On September 25, 2018, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 11, 2018 Intention Not to Perform Contract Cannot Be Basis of Fraudulent Inducement Claim
On September 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 10, 2018 Shareholder Has Standing to Sue Corporation's Counsel for Malpractice
On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 9, 2018 Levy Does Not Expire After 90 Days if a Special Proceeding is Commenced Before the 90 Days Has Run
On September 21, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 8, 2018 No Appeal From Default Judgment; Appellant Should Have Moved to Vacate and Appealed The Denial
On September 28, 2018, the Fourth Department issued a decision in Montanaro v. Weichert, 2018 NY Sl… Read More
October 7, 2018 Upcoming Arguments in the Court of Appeals in October 2018
Upcoming argument in the Court of Appeals in October 2018 that may be of interest to commercial liti… Read More
October 6, 2018 Transcripts and Videos of Arguments in the Court of Appeals for September 2018 Now Available
On August 25, 2018, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
October 5, 2018 Court Denies Motion to Change Venue
On September 18, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 4, 2018 Defendant May Not Move to Dismiss Claims Against Other Defendants
On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 2, 2018 Partnership Not Terminable at Will if Partnership Agreement Provides Otherwise
On September 25, 2018, the First Department issued a decision in Wiener v. Weissman, 2018 NY Slip Op… Read More
October 1, 2018 Breach of Contract Claim Properly Dismissed for Lack of Evidence of Damages
On September 27, 2018, the First Department issued a decision in FranPearl Equities Corp. v. 24 W. 2… Read More
September 30, 2018 Where There is a Fiduciary Relationship, the Beneficiary Has a Right to an Accounting
On September 26, 2018, the Second Department issued a decision in Webster v. Forest Hills Care Ctr.,… Read More
September 29, 2018 Court Erred in Vacating Arbitral Award; High Standard for Manifest Disregard of the Law Not Met
On September 27, 2018, the First Department issued a decision in Matter of Daesang Corp. v. NutraSwe… Read More
September 27, 2018 Court Grants Plaintiff Judgment on Contract Claim Despite Lack of Damages
On August 21, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in C… Read More
September 26, 2018 Parties Should Have Been Allowed to Intervene on Eve of Summary Judgment Motions
On September 19, 2018, the Second Department issued a decision in Roman Catholic Diocese of Brookly… Read More
September 25, 2018 Time is of the Essence Letter Found Ineffective
On September 19, 2018, the Second Department issued a decision in Rodrigues NBA, LLC v. Allied XV,… Read More
September 24, 2018 Officer Not Liable For Contract Signed on Behalf of Company
On September 13, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 23, 2018 Former LLC Manager's Claims Regarding His Removal Must be Arbitrated
On September 17, 2018, Justice Schecter of the New York County Commercial Division issued a decision… Read More
September 22, 2018 Court Dismisses Claim for Equitable Accounting
On September 5, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 21, 2018 Claims Barred by Release
On September 12, 2018, the Second Department issued a decision in Miller v. Brunner, 2018 NY Slip … Read More
September 20, 2018 Court Declines to Dismiss Double-Derivative Action
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 19, 2018 Court Grants Adverse Inference on Summary Judgment for Assertion of Fifth Amendment Rights
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 18, 2018 No New York Personal Jurisdiction Over Student Loan Trust Trustee That Engaged New York Counsel
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 17, 2018 Shareholder Need Not Hold Share Certificates to Have Right to Assert Derivative Claims
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 16, 2018 Motion for Reargument Denied for Failure to Attach Prior Order and Papers
On August 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 15, 2018 Common Interest Privilege Covers Later Exchange of Privileged Documents Created Before the Privilege Existed
On August 30, 2018, Justice Schecter of the New York County Commercial Division issued a decision on… Read More
September 14, 2018 Plaintiff Allowed to Amend Complaint in Anticipation of Trial
On August 31, 2018, Justice Schecter of the New York Country Commercial Division issued a decision o… Read More
September 13, 2018 Failure to Pay Wages Cannot Be Basis of Labor Law Sec. 193 Claim for Improper Withholding of Wages
On August 22, 2018, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
September 12, 2018 Unjust Enrichment Claim Survives Dismissal Because of Questions of Fact Regarding Whether Contract Covers Claims
On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 11, 2018 Justices Masley, Sherwood and Paris Update Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
September 10, 2018 Court Threatens Contemnor With Arrest if He Does Not Purge the Contempt
On August 14, 2018, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
September 9, 2018 Court Refuses to Dismiss Common Law Dissolution Action Even Though Shareholder Lacked Standing to Bring Statutory Dissolution Action
On August 15, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 8, 2018 BCL §1312 Does Not Bar Action By Foreign Corporation That Did Not Do Business in New York
On August 14, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Radian… Read More
September 7, 2018 Court Dismisses Action to Dissolve LLC in Light of High Burden for LLC Dissolution Actions
On August 15, 2018, Justice Scarpulla issued a decision in Yu v. Guard Hill Estates, LLC, 2018 NY Sl… Read More
September 6, 2018 Action for Specific Performance of Real Estate Sales Contract Dismissed; Purchaser Was Not Ready, Willing and Able to Purchase on Closing Date
On August 22, 2018, the Second Department issued a decision in 130 Third St. Loft, LLC v. HKF, Inc.,… Read More
September 5, 2018 Dismissal for Failure to Prosecute Vacated for Failure to Give Required Notice
On August 22, 2018, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Bast… Read More
September 4, 2018 Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller… Read More
September 3, 2018 Proposed Amendment Fails to Allege a Joint Venture
On August 16, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 2, 2018 Negligent Supervision Claim Dismissed For Lack of Allegations of Prior Knowledge
On August 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 1, 2018 Common Law Dissolution Denied; No Evidence of Misconduct or Oppression
On August 22, 2018, the Fourth Department issued a decision in Feldmeier v. Feldmeier Equip., Inc., … Read More
August 31, 2018 Fraud Claim Dismissed for Lack of Reasonable Reliance
On August 15, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 30, 2018 Allegations of Account Stated Insufficient to Support Summary Judgment in Lieu of Complaint
On August 20, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 29, 2018 Court Declines to Dismiss Action Brought By Summons With Notice On Ground That it Was Insufficiently Detailed
On August 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2018 Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff's Exclusive Possession
On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Hor… Read More
August 27, 2018 Letter Agreement Binding Even Though it Envisioned a Further, More Formal Agreement
On August 10, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Vi… Read More
August 26, 2018 Town's Promissory Estoppel Claim Against LIPA Fails
On August 16, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in T… Read More
August 25, 2018 Upcoming Arguments in the Court of Appeals in September 2018
Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial l… Read More
August 24, 2018 Court Refuses to Vacate Arbitral Award Despite Respondent's Claim That She Did Not Receive Notice of Arbitration
On August 13, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
August 23, 2018 Judiciary Law Sec. 487 Claim Dismissed for Failure to Allege Intent to Deceive
On August 15, 2018, the Second Department issued a decision in Bill Birds, Inc. v. Stein Law Firm, P… Read More
August 22, 2018 Duress Defense Put Party's Communications With Counsel at Issue, Waiving Privilege
On August 5, 2018, Justice Nowak of the Erie County Commercial Division issued a decision in Jones v… Read More
August 21, 2018 Injunction Denied for Lack of Irreparable Harm; Money Damages Sufficient
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 20, 2018 Claims Barred by Contract's One-Year Limitations Period to Make Claims
On August 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 19, 2018 Court Orders Selective Redaction Rather Than Sealing
On August 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
August 18, 2018 Plaintiff Had Standing to Bring Proceeding to Dissolve LLC
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 17, 2018 Court Upholds Breach of Duty of Care Claim Against Trustee
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 16, 2018 Court Sanctions Litigant for Frivolous Litigation, Including Awarding Attorneys' Fees for Defending Frivolous Claims
On August 1, 2018, Justice Ramos of the New York County Commercial Division issued a decision in Cit… Read More
August 15, 2018 Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute
On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 14, 2018 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
August 13, 2018 Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding
On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 12, 2018 Fraud Claim Dismissed as Duplicative of Contract Claim: No Separate Damages Alleged
On August 6, 2018, Justice Masley of the New York County Commercial Division issued a decision in TJ… Read More
August 11, 2018 Court Reviews Law Governing Contract Interpretation on Summary Judgment
On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
August 10, 2018 Common Interest Privilege Barred Disclosure of Documents
On August 9, 2018, the First Department issued a decision in 21st Century Diamond, LLC v. Allfield T… Read More
August 9, 2018 Alleged Incompetent Project Management Does Not Excuse Enforcement of No Damages for Delay Clause
On August 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 8, 2018 Court Rejects Impossibility Defense Based on Change in Taxi Medallion Market
On July 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
August 7, 2018 Court Dismisses Third-Party Claim Seeking a Declaratory Judgment
On July 30, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 6, 2018 Party Waives Work Product Protection By Voluntarily Producing Documents to SEC
On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ant… Read More
August 5, 2018 Right to Appeal Decision on Summary Judgment Motion Terminated by Entry of Final Judgment
On August 1, 2018, the Second Department issued a decision in Emigrant Bank v. Wang Real Property, L… Read More
August 4, 2018 Appellate Division Refuses to Consider Legal Question Raised for the First Time on Appeal
On August 1, 2018, the Second Department issued a decision in Colonial Sur. Co. v. Advanced Conserva… Read More
August 3, 2018 Motion to Amend Brought at Close of Discovery Untimely
On July 24, 2018, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
August 2, 2018 Fraud Claim Held Untimely Even Under Two-Year Discovery Rule
On July 23, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Esse… Read More
August 1, 2018 Accounting Denied For Lack of Fiduciary or Confidential Relationship
On July 25, 2018, the Second Department issued a decision in Lake Overlook Partners, LLC v. Sosa, 20… Read More
July 31, 2018 Court Erred in Granting Summary Judgment on Dismissing Plaintiff's Claims Where Defendant Only Moved for Judgment on its Counterclaims
On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. … Read More
July 30, 2018 Dissolution Under BCL 1104 Unavailable to Owner of 49 Percent of Voting Stock
On July 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 29, 2018 Court Refuses to Order Deposition of Trial Counsel
On July 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 28, 2018 Defense Waived Because Not Asserted in Answer
On July 16, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
July 27, 2018 Provision Requiring Exercise of Reasonable Discretion Precludes Acting Arbitrarily, Irrationally, or Without Reasonable Basis
On July 18, 2018, the Second Department issued a decision in Grandfeld II, LLC v. Kohl's Department … Read More
July 26, 2018 No Waiver Clause Precludes Claim of Waiver Based on Prior Course of Conduct
On July 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
July 25, 2018 Questions of Fact Regarding Reasonableness of Calculations Under ISDA Master Agreement Preclude Summary Judgment
On July 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Le… Read More
July 24, 2018 Breach of Fiduciary Duty Claim Dismissed on Summary Judgment for Lack of Damages
On July 10, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
July 23, 2018 New Joint Appellate Division Practice Rules Change Time to Perfect Appeal in First Department From Nine Months to Six
The new Appellate Division Practice Rules (22 NYCRR Part 1250), which come into effect on September … Read More
July 22, 2018 Party's Death Stays Action and Orders Issued When Stay Should Have Been in Effect Are Void
On June 28, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Vizzini v… Read More
July 21, 2018 Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds
On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in A… Read More
July 20, 2018 Claim Based on Alter Ego Theory Survives Motion to Dismiss
On July 2, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
July 19, 2018 Plaintiff Sanctioned For Attempting to Relitigate Previously Decided Claims in New York Against Defendants Over Which Court Had No Jurisdiction
On July 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in K… Read More
July 18, 2018 Court Refuses to Enforce Attorney Fee-Sharing Agreement
On July 5, 2018, the Second Department issued a decision in Ballan v. Sirota, 2018 NY Slip Op. 05014… Read More
July 17, 2018 Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close
On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterpri… Read More
July 16, 2018 No Personal Jurisdiction Over Defendant Because Original Critical Events Did Not Take Place in New York
On July 3, 2018, the First Department issued a decision in Deutsche Bank AG v. Vik, 2018 NY Slip Op.… Read More
July 15, 2018 Integration Clause Bars Contract Claim Based on Alleged Oral Modification of Mortgage Documents
On June 26, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 14, 2018 Court Finds Claims Timely Under Fiduciary Tolling Doctrine
On June 27, 2018, Justice Schecter of the New York County Commercial Division issued a decision in M… Read More
July 13, 2018 Allocution of Settlement Terms on the Record Not Binding Settlement Agreement Because it Contemplated Agreement on Other Terms and Was Subject to Documentation
On July 5, 2018, the First Department issued a decision in Weksler v. Weksler, 2018 NY Slip Op. 0497… Read More
July 12, 2018 Derivative Claims Fail for Failure Adequately to Plead Demand Futility
On July 5, 2018, the First Department issued a decision in Epstein v. Ruane, Cunniff & Goldfarb Inc.… Read More
July 11, 2018 Justices Scarpulla and Jamieson Update Part Rules
Justice Saliann Scarpulla of the New York County Commercial Division recently updated her individual… Read More
July 11, 2018 Tortious Interference Claim Upheld; Defendant Did Not Establish Economic Interest Defense as a Matter of Law
On July 5, 2018, the First Department issued a decision in Normandy Real Estate Partners LLC v. 24 E… Read More
July 10, 2018 Employees Who did not Sign Agreement in Their Individual Capacities Nevertheless Entitled to Enforce Arbitration Provision
On July 3, 2018, the First Department issued a decision in Huntsman International LLC v. Albemarle C… Read More
July 9, 2018 State Qui Tam Action Dismissed Because Allegations Were Based on Public Information
On June 28, 2018, the First Department issued a decision in State of New York ex rel. Rasmusen v. Ci… Read More
July 8, 2018 Fraud Claim Does Not Invalidate Arbitration Provision Unless Fraud Relates to That Provision
On June 27, 2018, the Second Department issued a decision in Zafar v. Fast Track Leasing, LLC, 2018 … Read More
July 7, 2018 Crime-Fraud Exception Does Not Apply to Challenged Privilege Claims
On June 21, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ken… Read More
July 6, 2018 Mandatory Injunction Properly Denied Because There Were No Extraordinary Circumstances
On June 28, 2018, the First Department issued a decision in Spectrum Stamford, LLC v. 400 Atlantic T… Read More
July 5, 2018 Court Examines Rules Relating to Impleader in Complex Cases
On May 14, 2018, Justice Marcy Friedman of the New York County Commercial Division issued a Decision… Read More
July 4, 2018 Insurance Law 3105 Does Not Relieve RMBS Insurer of Obligation to Plead All Elements of Common Law Fraud Claim
On June 27, 2018, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Hom… Read More
July 3, 2018 Receiver May Be Liable For Distributing Funds In Violation Of Order; Lack Of Knowledge Immaterial Because Order Was E-Filed
On May 24, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in K… Read More
July 2, 2018 Court Should Have Transferred Case; Plaintiff Failed to Show That Chosen Venue Was Proper
On June 27, 2018, the Second Department issued a decision in Patiwana v. Shah, 2018 NY Slip Op. 0474… Read More
July 1, 2018 Court Rejects Unsigned Agreement Offered as Documentary Evidence Under 3211(a)(1)
On June 18, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in T… Read More
June 30, 2018 Court Upholds Common Interest Privilege Claim Relating to Documents That Did Not Relate Solely to Contemplation or Prosecution of Litigation
On June 21, 2018, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.P. … Read More
June 29, 2018 FTC Rule Does Not Preempt General Business Law Claims Against Broadband Providers
On June 21, 2018, the First Department issued a decision in People v. Charter Communications, Inc., … Read More
June 28, 2018 Breach of Fiduciary Claim Reinstated; it Was Not Duplicative of Contract Claim Because it Sought Separate and Distinct Relief
On June 20, 2018, the Second Department issued a decision in Slocum Realty Corp. v. Schlesinger, 201… Read More
June 27, 2018 Unjust Enrichment Claim Fails For Lack of Relationship Between Plaintiff and Defendant
On June 20, 2018, the Second Department issued a decision in Crescimanni v. Trovato, 2018 NY Slip Op… Read More
June 26, 2018 First Department Sanctions Appellant $10,000 for Making Frivolous Argument
On June 21, 2018, the First Department issued a decision in Matter of Del Monaco v. Diamond, 2018 NY… Read More
June 25, 2018 Insolvent Party's Transfer of Property to Insider Not Improper Where Insider is Secured Creditor
On June 19, 2018, Justice Schecter of the New York County Commercial Division issued a decision in E… Read More
June 24, 2018 Court Refuses to Dissolve LLC, Holding That Members' Disputes Were Insufficient to Justify Dissolution
On June 11, 2018, Justice Dufficy of the Queens County Commercial Division issued a decision in Matt… Read More
June 23, 2018 Answer Stricken as Sanction for Spoliation of Evidence
On June 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kamc… Read More
June 22, 2018 Statute of Frauds Exception for Contract to Pay Lawyer for Negotiating Sale of Business Does Not Require Attorney-Client Relationship
On June 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in W… Read More
June 21, 2018 Fraud Claim Dismissed as Duplicative of Contract Claim
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Bo… Read More
June 20, 2018 Borrowing Statute Applies When Contract Provides That it Will be Enforced According to New York Law
On June 12, 2018, the Court of Appeals issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Cor… Read More
June 19, 2018 Veil Piercing Claims Should Have Been Dismissed
On June 12, 2018, the First Department issued a decision in Shawmut Woodworking & Supply, Inc. v. AS… Read More
June 18, 2018 Inducing a Client to Switch Lawyers Cannot be Basis of Tortious Interference Claim
On June 6, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Go… Read More
June 17, 2018 Transcripts and Videos of Arguments in the Court of Appeals for June 2018 Now Available
On May 19, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in … Read More
June 16, 2018 Court Dismisses Claim, Enforcing No Damages for Delay Clause
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Sc… Read More
June 15, 2018 Martin Act Claims are Subject to Three-Year Statute of Limitations
On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, … Read More
June 14, 2018 Denial of Lease Renewal Option not an Unjust Forfeiture
On June 7, 2018, the First Department issued a decision in Robert B. Jetter, M.D., PLLC v. 737 Park … Read More
June 13, 2018 Plaintiff Not Prejudiced by Amendment to Answer
On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Le… Read More
June 12, 2018 Whether Trade Confirmation is Enforceable Agreement is Question of Fact
On June 7, 2018, the First Department issued a decision in Seaport Global Securities LLC v SB Group … Read More
June 11, 2018 City Damaged By Breach of Contract Even Though Mitigation Costs Paid by Federal Government
On June 7, 2018, the First Department issued a decision in City of New York v. Eastern Shipbuilding … Read More
June 10, 2018 Justice Schecter Posts Part Rules
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently pos… Read More
June 9, 2018 Civil Conspiracy Claim Survives When it is Tied to an Alleged Tort
On May 30, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Pa… Read More
June 7, 2018 Court Rejects 3211(a)(7) Motion That Relied on Documentary Evidence
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Te… Read More
June 6, 2018 Court Excuses Failure to Perform Condition Precedent to Bringing Suit
On June 5, 2018, the First Department issued a decision in Danco Electrical Contractors, Inc. v. Dor… Read More
June 5, 2018 Party Cannot Enforce Estoppel Certificates it Accepted Knowing that the Representations Were Not True
On June 5, 2018, the First Department issued a decision in Aerotek, Inc. v. 757 3rd Ave. Associates,… Read More
June 4, 2018 Insurance Broker Liable for Failure to Obtain Coverage
On May 17, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in 1015 70… Read More
June 3, 2018 Plaintiff Survives Summary Judgment on Quantum Meruit Claims Relating to Chinese Arena Football
On May 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Y… Read More
June 2, 2018 Plaintiff Cannot Avoid Arbitration Absent Allegations of Fraud Relating Specifically to Inclusion of Arbitration Clause
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Cu… Read More
June 1, 2018 Rejecting Official Exchange Rate, Court Finds That There is a Question of Fact Regarding Proper Exchange Rate Between Venezuelan Bolivars and US Dollars
On May 29, 2018, Justice Crane of the New York County Supreme Court issued a decision in Diaz v. Gal… Read More
May 31, 2018 Court Rejects Bid to Submit Expert Report a Year Late
On May 18, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in N… Read More
May 30, 2018 Communications With Press Agents Not Privileged
On May 29, 2018, the First Department issued a decision in Gottwald v. Sebert, 2018 NY Slip Op. 0381… Read More
May 28, 2018 Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference
On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip… Read More
May 27, 2018 Misstatements in Court Documents That Were Not Material and a Single Act of Deceit Insufficient Basis for Malicious Prosecution Claim
On May 22, 2018, the First Department issued a decision in Shawe v. Elting, 2018 NY Slip Op. 03644, … Read More
May 26, 2018 Justices Hudson and Garugilo Update Part Rules
Justice James Hudson of the Suffolk County Commercial Division recently updated his part rules. Just… Read More
May 25, 2018 Breach of Contract Action Barred by Contract's Mandatory Mediation Provision
On May 24, 2018, the First Department issued a decision in Korangy v. Malone, 2018 NY Slip Op. 03767… Read More
May 24, 2018 Order Vacating Default Judgment Reversed and Remanded for Traverse Hearing on Service
On May 17, 2018, the First Department issued a decision in Noah Bank v. Hudson Produce, Inc., 2018 N… Read More
May 23, 2018 Summary Judgment Inappropriate Where Conflicting Inferences Can be Drawn from Evidence and Issues of Credibility Exist
On May 16, 2018, the Second Department issued a decision in UB Distributors, LLC v. S.K.I. Wholesale… Read More
May 22, 2018 Court Erred in Considering Extrinsic Evidence in Interpreting an Unambiguous Agreement
On May 16, 2018, the Second Department issued a decision in World Ambulette Transportation, Inc. v. … Read More
May 21, 2018 Court Of Appeals Rejects “Avoided Costs” As Proper Measure Of Damages For Misappropriation Of Trade Secrets
On May 3, 2018, the Court of Appeals issued an opinion, E.J. Brooks Co. v Cambridge Sec. Seals, 2018… Read More
May 20, 2018 Derivative Action Dismissed for Failure to Plead Demand or Demand Futility
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Gla… Read More
May 19, 2018 Upcoming Arguments in the Court of Appeals in June 2018
Upcoming argument in the Court of Appeals in June 2018 that may be of interest to commercial litigat… Read More
May 18, 2018 Unjust Enrichment Claim Dismissed Because Contracts Governed Claims
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Pre… Read More
May 17, 2018 Justice Walsh Posts Part Rules
Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently pos… Read More
May 16, 2018 Transcripts and Videos of Arguments in the Court of Appeals for April/May 2018 Now Available
On April 29, 2018, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
May 15, 2018 Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
May 14, 2018 Justice Kornreich to Retire; Justice Schecter to Take Over Her Part
The Commercial Division has announced that: After many years of judicial service, the Honorable Shir… Read More
May 13, 2018 Court Dismisses Claim Based on Theory That Defendant Was a Third-Party Beneficiary of Contract
On May 7, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Lab… Read More
May 12, 2018 IAS Court Did Not Err in Striking Defendants' Pleadings as a Discovery Sanction
On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 034… Read More
May 11, 2018 Amendment to Name Defendant Did Not Relate Back to Date of Original Complaint
On May 3, 2018, the First Department issued a decision in Markov v. Stack's LLC (Delaware), 2018 NY … Read More
May 10, 2018 Claim Dismissed for Being "Conclusory and Lacking in Factual Specificity"
On May 3, 2018, the First Department issued a decision in Publications International, Ltd. v. Phoeni… Read More
May 9, 2018 New York Does Not Recognize "Holder Claims"
On April 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 8, 2018 Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants
On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring … Read More
May 7, 2018 Failure to Use Contract's Pre-Suit Dispute Resolution Process Dooms Claim
On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Syst… Read More
May 6, 2018 Transcripts and Videos of Arguments in the Court of Appeals for April 2018 Now Available
On April 7, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in… Read More
May 5, 2018 Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators
On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Foo… Read More
May 4, 2018 CLE Program: The "How To" of Successful Motion Practice: Practical Advice & Tips
On May 23, 2018, Schlam Stone & Dolan partner John Lundin will chair a CLE program at the New Yo… Read More
May 3, 2018 Specific Performance on Real Estate Contract Inappropriate Where No Evidence of Plaintiff's Ability to Close
On April 18, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Silversh… Read More
May 3, 2018 Justice Risi Posts Part Rules
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his … Read More
May 2, 2018 Whether Signature on Agreement Containing Arbitration Clause Was Forged is for Court to Determine
April 25, 2018, the Second Department issued a decision in Alam v. Uddin, 2018 NY Slip Op. 02763, ho… Read More
May 1, 2018 First Department Reaffirms Doctrine of Personal Jurisdiction Based on Acts of Co-Conspirators
On April 26, 2018, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v… Read More
April 30, 2018 Arbitral Award Vacated Based on Failure to Disclose that Arbitrator Was Party's Fact Witness and Was Under Indictment
On April 26, 2018, the First Department issued a decision in Policy Administration Solutions, Inc. v… Read More
April 29, 2018 Upcoming Arguments in the Court of Appeals in April/May 2018
Upcoming argument in the Court of Appeals in April/May 2018 that may be of interest to commercial li… Read More
April 28, 2018 Filing Interpleader Action Rather Than Choosing Which Claimant Was Entitled to Funds Not a Breach of Contract
On April 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 27, 2018 Choice of New York Law Provision Does Not Make Compliance With New York Statutory Law a Contractual Requirement
On April 26, 2018, the Court of Appeals issued a decision in Skanska USA Bldg. Inc. v. Atlantic Yard… Read More
April 26, 2018 Parties Waived Contract's Choice of Law Provision By Arguing New York Law Rather than Chosen Law
On April 13, 2018, Justice Masley of the New York County Commercial Division issued a decision in Du… Read More
April 25, 2018 Whether Metes and Bounds Description, Street Address or Tax Lot Numbers Determines What Property is Encumbered by Mortgage is a Question of Fact
On April 18, 2018, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Zhan Hua … Read More
April 24, 2018 Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit
On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, … Read More
April 23, 2018 Written Acknowledgment of Debt by Agent of Party Can Extend Statute of Limitations
On April 17, 2018, the First Department issued a decision in Nelux Holdings Intl., N.V. v. Dweck, 20… Read More
April 22, 2018 Fraudulent Inducement Claim Dismissed on Summary Judgment for Lack of Reasonable Reliance
On April 9, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 21, 2018 Conversion Claim Cannot be Based on Deleting E-Mail Absent Evidence That No Copies Remained
On April 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 20, 2018 Law Office Error Excused; Motion to Compel Plaintiff to Accept Answer Granted
On April 12, 2018, the First Department issued a decision in Naber Electric v. Triton Structural Con… Read More
April 19, 2018 Fraudulent Inducement Claim Against Lawyer Upheld; Client Was Reasonable in Relying on Counsel Rather Than Reading Agreement Closely
On April 10, 2018, the First Department issued a decision in Suttongate Holdings Ltd. v. Laconm Mana… Read More
April 18, 2018 Fraudulent Conveyance Claim Dismissed For Failure to Plead with Particularity
On April 10, 2018, the First Department issued a decision in Carlyle, LLC v. Quik Park 1633 Garage L… Read More
April 17, 2018 Continuous Representation Doctrine Applies Only to Representations Specifically Related to the Malpractice Claim
On April 12, 2018, the First Department issued a decision in Davis v. Cohen & Gresser, LLP, 2018 NY … Read More
April 16, 2018 Sexual Harassment of Employees is Not a Breach of an Executive's Fiduciary Duties to His Employer
On April 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 15, 2018 Counterclaims for Mutual Mistake and Unilateral Mistake Survive Summary Judgment
On April 3, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 14, 2018 Theft of Trade Secrets Claim Dismissed for Failure to Allege Wrongful Means
On April 3, 2018, the First Department issued a decision in BGC Partners, Inc. v. Avison Young (Cana… Read More
April 13, 2018 New York Not Inconvenient Forum Despite Dispute Having Much Stronger Connection to China
On April 5, 2018, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L… Read More
April 12, 2018 "Notwithstanding" Clause Trumps Potentially Contradictory Contract Provision
On April 5, 2018, the First Department issued a decision in Veneto Hotel & Casino, S.A. v. German Am… Read More
April 11, 2018 Oral Fee-Sharing Agreement With At-Will Employee Not Barred by Statute of Frauds
On April 5, 2018, the First Department issued a decision in Goldfarb v. Romano, 2018 NY Slip Op. 024… Read More
April 10, 2018 Court Cannot Consider Affirmative Defenses in Deciding Judgment by Default for Non-Appearance
On April 4, 2018, the Second Department issued a decision in Power Up Lending Group, Ltd. v. Cardina… Read More
April 9, 2018 Transcripts and Videos of Arguments in the Court of Appeals for March 2018 Now Available
On February 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
April 9, 2018 Claim for Common Law Indemnification Must Be Based on an Agent's Negligence, Not Breach of Contract
On March 29, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 8, 2018 Subcontractor's Breach of Liquidating Agreement Claim Against General Contractor Upheld
On March 28, 2018, the Second Department issued a decision in Rad & D'Aprile, Inc. v. Arnell Constru… Read More
April 7, 2018 Upcoming Arguments in the Court of Appeals in April/May
Upcoming argument in the Court of Appeals in April 2018 that may be of interest to commercial litiga… Read More
April 6, 2018 Guest Post: Data Show Cases in the Commercial Division Are Taking Longer to Resolve
This is the second in a series of posts presenting a quantitative description of the Commercial Divi… Read More
April 5, 2018 Defendant Waived Personal Jurisdiction Defense by Not Moving to Dismiss Within 60 Days of Answer
On March 28, 2018, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Cajas, 2018 … Read More
April 4, 2018 Close Friendship Insufficient to Create Fiduciary Relationship
On March 29, 2018, the First Department issued a decision in Benzies v. Take-Two Interactive Softwar… Read More
April 3, 2018 Computer-Generated Avatar May Constitute a "Portrait" Within the Meaning of Civil Rights Law Article 5
On March 29, 2018, the Court of Appeals issued a decision in Lohan v. Take-Two Interactive Software,… Read More
April 2, 2018 Contract Claim Based on Exchange of E-Mails Should Be Allowed to Go Forward
On March 29, 2018, the Court of Appeals issued a decision in Kolchins v. Evolution Markets, Inc., 20… Read More
April 1, 2018 Court Lacks Jurisdiction to Decide Motions Filed After Action Voluntarily Discontinued
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Nemir… Read More
March 31, 2018 Court Vacates Stipulation of Discontinuance Without Prejudice and Reinstates Claim Against Former Defendant
On March 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 30, 2018 Plaintiff Prevails on Money Had and Received Claim; Statutory Presumption of Joint Account Ownership Did Not Apply
On March 23, 2018, the Fourth Department issued a decision in Sweetman v. Suhr, 2018 NY Slip Op. 021… Read More
March 29, 2018 Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewa… Read More
March 28, 2018 Minority Discount Properly Applied When Valuing Minority Holder's Share of Ongoing Partnership
On March 27, 2018, the Court of Appeals issued a decision in Congel v Malfitano, 2018 NY Slip Op. 02… Read More
March 27, 2018 Motion to Amend Denied Because of Undue Delay
On March 9, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 26, 2018 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
March 25, 2018 Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because Condition Precedent For Suing on Note Not Met
On March 16, 2018, the Fourth Department issued a decision in Hogan v. Iskalo Off. Holdings III LLC,… Read More
March 24, 2018 If Mortgage Commitment Letter is Revoked, Question of Whether Mortgage Contingency Applies Depends on Reasons for Revocation
On March 16, 2018, the Fourth Department issued a decision in Md3 Holdings, LLC v. Buerkle, 2018 NY … Read More
March 23, 2018 Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant's Tenancy
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 20… Read More
March 22, 2018 Estate of Deceased LLC Member Lacked Standing to Bring Derivative Claims
On February 22, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 21, 2018 One In-Person Meeting in New York and E-mail and Phone Communications Sufficient Basis for Personal Jurisdiction
On February 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 20, 2018 Counsel Disqualified Because of Representation in Prior Related Action
On March 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Dollinger… Read More
March 19, 2018 Salesperson Supervised by a Broker Can Make Claim for Commission Based on Oral Contract
On February 20, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 18, 2018 Specific Forum Selection Clause in Broker's Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4
On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 16, 2018 First Department Declines to Bar Appeal Under the Fugitive Disentitlement Doctrine
On March 8, 2018, the First Department issued a decision in Gem Holdco, LLC v. Changing World Tech.,… Read More
March 15, 2018 Defendant Liable for Converting Money Belonging to Plaintiffs Even Though the Possession Was Only Temporary
On March 6, 2018, the First Department issued a decision in 135 Bowery LLC v. Beach Channel Shoppers… Read More
March 14, 2018 Internet Providers' Claims of Access Speed "Up To" A Certain Number Can Be Subject of Fraud Claim if They Cannot Achieve That Speed
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 13, 2018 Fair Report Privilege Bars Defamation Claim Against Law Firm
On February 16, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
March 12, 2018 Purchase Agreement is Documentary Evidence Despite Being Redacted
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 11, 2018 Commercial Negligence Claims Dismissed Because Defendant Had No Duty to Plaintiff
On February 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 10, 2018 Court Denies Stay Despite Necessary Party Being Bankrupt
On February 6, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
March 9, 2018 Alleged Oral Contract Not Void for Lack of Consideration
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
March 8, 2018 Proposed Amended Complaint Fails to Meet High Burden for Interference with Business Relations Claim
On February 8, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
March 7, 2018 Dismissal of Action for Failure to File Note of Issue Affirmed
On March 1, 2018, the First Department issued a decision in Austin v. Gould, 2018 NY Slip Op. 01404,… Read More
March 6, 2018 Plaintiff's Claims Tolled During Pendency of Earlier Federal Action
On February 22, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
March 5, 2018 Counterclaims Entitled to Benefit of Relation-Back Doctrine
On February 23, 2018, Justice Scarpulla of the New York County issued a decision in Sharbat v. AGS C… Read More
March 4, 2018 Libel Claim Based on Press Release Relating to Ongoing Litigation Dismissed
On March 1, 2018, the First Department issued a decision in FCRC Modular, LLC v. Skanska Modular LLC… Read More
March 3, 2018 Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract's Jury Waiver
On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Spor… Read More
March 2, 2018 Transcripts and Videos of Arguments in the Court of Appeals for February 2018 Now Available
On January 15, 2018, we noted seven cases of interest from the oral arguments before the Court of Ap… Read More
March 1, 2018 Court Of Appeals Holds That Res Judicata Effect Of Federal Judgment Extends To Unasserted Compulsory Counterclaims
On February 20, 2018, a divided Court of Appeals decided Paramount Pictures Corp. v. Allianz Risk Tr… Read More
February 28, 2018 Upcoming Arguments in the Court of Appeals in March
Upcoming argument in the Court of Appeals in March 2018 that may be of interest to commercial litiga… Read More
February 27, 2018 Indenture Trustee Can Bring Claims to Recover Losses Incurred by all Noteholders from Unpaid Notes
On February 20, 2018, the Court of Appeals issued a decision in Cortlandt St. Recovery Corp. v. Bond… Read More
February 26, 2018 Second Department Holds That Yellowstone Remedy Can Be Waived In A Commercial Lease
On January 31, 2018, the Second Department issued a decision in 159 MP Corp. v. Redbridge Bedford, L… Read More
February 24, 2018 Claim for Referral Fees Barred by Statute of Frauds
On February 6, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 23, 2018 All Risk Insurance Policy Did Not Cover Loss From Returning Property to Its Rightful Owner
On February 13, 2018, the First Department issued a decision in Dae Assoc., LLC v. AXA Art Ins. Corp… Read More
February 22, 2018 Shareholder's Failure to Help Run Company No Basis for Reducing His Shareholding
On February 13, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 21, 2018 Derivative Action Dismissed for Failure to Plead Demand Futility With Particularity
On February 13, 2018, the First Department issued a decision in Retirement Plan for Gen. Empls. of t… Read More
February 20, 2018 Defendant Not Required to Produce Tax Returns
On February 15, 2018, the First Department issued a decision in Weingarten v. Braun, 2018 NY Slip Op… Read More
February 19, 2018 Non-Party Properly Held in Contempt for Violating Stipulation and Order of Which He Had Knowledge
On February 6, 2018, the First Department issued a decision in Tishman Constr. Corp. v. United Hispa… Read More
February 18, 2018 Damages Award Thrown Out Because of Failure to Provide Competent, Non-Hearsay Evidence of Damages
On February 8, 2018, the First Department issued a decision in 345 E. 69th St. Owners Corp. v, Plati… Read More
February 17, 2018 Court Refuses to Enforce Forum Selection Clause in Internet Contract
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued decision in Swipe Ic… Read More
February 16, 2018 Court Refuses to Disqualify Counsel Based on Lawyer-Witness Rule
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Atlant… Read More
February 15, 2018 Professional Malpractice Claims Time-Barred
On February 1, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 14, 2018 Court Rejects Disclosure Only Class Action Settlement
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 13, 2018 Corporation's Former Counsel Cannot Represent One Shareholder Against Others
On February 7, 2018, the Second Department issued a decision in Deerin v. Ocean Rich Foods, LLC, 201… Read More
February 12, 2018 No Claim for Civil Conspiracy Without An Underlying Tort
On February 7, 2018, the Second Department issued a decision in McSpedon v. Levine, 2018 NY Slip Op.… Read More
February 11, 2018 Plaintiff Cannot Withstand Summary Judgment By Showing Question of Fact on One Element of Fraud Claim if it Fails on Another Element
On January 22, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 10, 2018 Integration Clause Bars Claim for Work Not Covered by Written Agreement
On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 9, 2018 Separate Cause of Action for Accounting Permissible Under Delaware Law
On January 23, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
February 8, 2018 Parties Not Allowed to Conduct Additional Relevance Review of Documents Found by ESI Search
On January 29, 2018, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
February 7, 2018 Court Upholds Tortious Interference with Prospective Business Relations Claim
On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 6, 2018 Court Enters Judgment Enforcing Foreign Judgment
On January 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 5, 2018 Fraud Claim Prevails; Plaintiff Not Required to Obtain Representations and Warranties From its Agent
On January 30, 2018, the First Department issued a decision in Schulhof v. Jacobs, 2018 NY Slip Op. … Read More
February 4, 2018 No Conversion Claim Based on Loans Made Into General Account
On January 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 3, 2018 Questions of Fact Regarding Dissension, Deadlock and Financial Viability Preclude Corporation's Summary Dissolution
On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Mat… Read More
February 2, 2018 Court Orders Specific Performance of Contract to Sell Real Estate
On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Spl… Read More
January 31, 2018 Claims Barred Above Amount Set by Limitation of Liability Provision
On January 23, 2018, the First Department issued a decision in Electron Trading, LLC v. Morgan Stanl… Read More
January 30, 2018 Documents Protected from Production Under Common Interest Privilege
On January 24, 2018, the Second Department issued a decision in Saint Annes Dev. Co. v. Russ, 2018 N… Read More
January 29, 2018 Court Properly Granted "Extreme" Remedy of Appointing Temporary Receiver
On January 24, 2018, the Second Department issued a decision in Meagher v. Doscher, 2018 NY Slip Op.… Read More
January 28, 2018 Transcripts and Videos of Arguments in the Court of Appeals for January 2018 Now Available
On December 24, 2017, we noted four cases of interest from the oral arguments before the Court of Ap… Read More
January 27, 2018 Yellowstone Injunction Denied; Tenant Did Not Show Ability or Intention to Cure Failure to Pay Rent
On January 16, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Serpin… Read More
January 26, 2018 Questions of Fact Precluded Dismissal on Summary Judgment of Action Based on Oral Contract Subject to Statute of Frauds
On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Too… Read More
January 25, 2018 Court Requires Parties to Arbitrate Some Claims and Have Others Decided by the Court
On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Lev… Read More
January 24, 2018 Trustee Had Right to Take Direction from the Majority of Bondholders
On January 11, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 23, 2018 Company Cannot Sue its President and Sole Shareholder for Fraud; Defendant's Knowledge of the Fraud is Imputed to the Company
On January 18, 2018, the First Department issued a decision in Doral Fabrics, Inc. v. Gold, 2018 NY … Read More
January 22, 2018 Corporate Officer Failed to Make Factual Showing Required to Receive Advancement for Defense of Criminal
On January 18, 2018, the Third Department issued a decision in Kaloyeros v. Fort Schuyler Mgt. Corp.… Read More
January 21, 2018 Contract Claim Should Not Have Been Dismissed for Lack of Consideration
On January 17, 2018. the Second Department issued a decision in Nassau County v. New York State Urba… Read More
January 20, 2018 Limited Record Before Trial Court Did Not Justify Striking Answer as Discovery Sanction
On January 17, 2018, the Second Department issued a decision in PAL Envtl. Servs., Inc. v. LJC Disma… Read More
January 19, 2018 Court Declines to Order Accounting Given Burden and Absence of Other Claims
On January 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 18, 2018 Complaint May Include Allegations of Facts Disclosed in Settlement Discussions
On January 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
January 18, 2018 Action Should Have Been Dismissed for Failure to Comply With Indenture's No Action Clause
On January 16, 2018, the First Department issued a decision in Rimrock High Income Plus (Master) Fun… Read More
January 17, 2018 Plaintiff Was At Will Employee Because His Written Employment Agreement Did Not Have a Definite Term of Service
On January 8, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Mo… Read More
January 16, 2018 Schlam Stone & Dolan LLP Launches Insurance Coverage Blog
Schlam Stone & Dolan LLP is pleased to announce the launch of a new Insurance Coverage Blog. Edited… Read More
January 16, 2018 Court of Appeals Grants Leave to Appeal in Case Involving Dismissal of Action Filed By Counsel That Does Not Maintain An Office in New York
On January 11, 2017, the Court of Appeals granted leave to appeal in Arrowhead Capital Fin., Ltd. v.… Read More
January 15, 2018 Upcoming Arguments in the Court of Appeals in February
Upcoming arguments in the Court of Appeals in February 2018 that may be of interest to commercial li… Read More
January 14, 2018 Court Grants Motion to Compel Arbitration Brought By Corporate Officers Not Signatories to Arbitration Agreement
On January 3, 2018, Justice Masley of the New York County Commercial Division issued a decision in H… Read More
January 13, 2018 Court Refuses to Enjoin Spin-Off of Assets from Defendant
On January 3, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 12, 2018 Malpractice Claims Barred by Collateral Estoppel Based on Earlier Action Against Co-Counsel
On January 11, 2018, the First Department issued a decision in Guidance Endodontics, LLC v. Olshan G… Read More
January 12, 2018 Defamation Claim Barred by Fair and True Report Privilege
On January 11, 2018, the First Department issued a decision in Highland Capital Management, L.P. v. … Read More
January 10, 2018 Question of Fact Regarding Plaintiff's Constructive Notice of Misrepresentation Precluded Dismissal
On January 9, 2018, the First Department issued a decision in Macquarie Capital (USA) Inc. v. Morris… Read More
January 9, 2018 Action Brought in Improper Venue Transferred to Proper Venue
On November 6, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in B… Read More
January 7, 2018 Insurance Law Section 3420 Applies Only to Policies Covering Both Insureds and Risks in New York
On November 20, 2017, the Court of Appeals issued a decision in Carlson v. American International Gr… Read More
January 7, 2018 Summary Judgment Denied; Affidavit that Contradicts a Contemporaneous Document is Not a Sham Affidavit
On January 2, 2018, the First Department issued a decision in Kärst v. W.P. Carey Inc., 2018 NY Sli… Read More
January 6, 2018 No Improper Influence; Arbitrator's Potential Retention by Affiliate of Party Was On Unrelated Matter and Was Disclosed
On January 2, 2018, the First Department issued a decision in Matter of Mexvalo, S. De R.L. De C.V. … Read More
January 5, 2018 Fiduciary Duty Claim Against Former Counsel Based on Conflict Timely Even Though Malpractice Claim Untimely
On December 28, 2017, the First Department issued a decision in Palmeri v. Willkie Farr & Gallagher … Read More
January 4, 2018 Court Refuses to Dismiss Action for Dissolution of an LLC
On December 15, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
January 1, 2018 Allegations of Badges of Fraud Sufficient to Support Actual Fraudulent Conveyance Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 31, 2017 Investment Advisors Are Not Professionals That Can be the Subject of a Professional Malpractice Claim
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 30, 2017 Contract Based on Misrepresentation Voidable, Not Void
On November 27, 2017, Justice Livote of the Queens County Commercial Division issued a decision in H… Read More
December 29, 2017 Defendant's Failure to Disclose its Business Plans Cannot be Basis for Fraud Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 28, 2017 No Conversion Claim When Plaintiff Was Not Deprived of Use of Property
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 27, 2017 Failure Strictly to Comply With Service Requirements of LLC Law 304 Makes Service Ineffective
On December 22, 2017, the Fourth Department decided in Chan v. Onyx Capital, LLC, 2017 NY Slip Op. 0… Read More
December 26, 2017 Prior Representation Not Shown to be Substantially Related so as to Justify Attorney Disqualification
On December 21, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-insuranc… Read More
December 25, 2017 Questions of Fact Preclude Dissolution of Partnership on Summary Judgment
On December 12, 2017, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 24, 2017 Upcoming Arguments in the Court of Appeals in January
Upcoming arguments in the Court of Appeals in January 2018 that may be of interest to commercial lit… Read More
December 23, 2017 Transcripts and Videos of Arguments in the Court of Appeals for November 2017 Now Available
On November 6, 2017, we noted four cases of interest from the oral arguments before the Court of App… Read More
December 22, 2017 General Provisions of Delaware LLC Law Do Not Trump Specific Provisions of LLC Agreement
On December 14, 2017, the First Department issued a decision in Estate of Calderwood v. ACE Group In… Read More
December 21, 2017 Motion to Dismiss Defamation Claims Granted Based on Qualified Privilege
On December 7, 2017, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
December 20, 2017 Split Court of Appeals Holds that RMBS Trusts Cannot Get General Contract Damages for Claims Covered by Sole Remedy Provision
On December 12, 2017, the Court of Appeals issued a decision in Nomura Home Equity Loan, Inc., Serie… Read More
December 19, 2017 CPLR 908 Requirement for Class Notice and Court Approval Applies to Not-Yet-Certified Class Actions
On December 12, 2017, the Court of Appeals issued a decision in Desrosiers v. Perry Ellis Menswear, … Read More
December 18, 2017 Court Declines to "Create Insurance Coverage Where None Exists" Based on Waiver Argument
On November 14, 2017, the First Department issued a decision in Illinois Union Insurance Co. v. Gran… Read More
December 17, 2017 Party That Agreed That Arbitrator Did Not Have to Hold Hearing Cannot Vacate Award For Failure to Hold Hearing
On December 1, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 16, 2017 Court Explains Calculation of Undertaking on Attachment
On November 22, 2017, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 15, 2017 Fraud Claim Dismissed for Failing to Plead Scienter With Particularity
On December 12, 2017, the First Department issued a decision in Fried v. Lehman Brothers Real Estate… Read More
December 14, 2017 Holder of Promissory Notes Payable to Another Must Establish How It Came to Possess Them to Enforce Them
On December 5, 2017, the First Department issued a decision in 26th LS Series Ltd. v. Brooks, 2017 N… Read More
December 13, 2017 Fraud Claim Should Not Have Been Dismissed as Time-Barred; Question of Fact Existed Regarding When Fraud Should Have Been Discovered
On December 5, 2017, the First Department issued a decision in Berman v. Holland & Knight, LLP, 2017… Read More
December 12, 2017 Cause of Action for Damage to RMBS Trust Occurs Where Trust is Located
On December 5, 2017, the First Department issued a decision in Deutsche Bank Natl. Trust Co. v. Barc… Read More
December 11, 2017 Derivative Action Plaintiff Loses Standing--And Action Must Be Dismissed--If It Sells Its Ownership Interest
On December 6, 2017, the Second Department issued a decision in Jacobs v. Cartalemi, 2017 NY Slip Op… Read More
December 10, 2017 Claim for Misappropriation of Ideas Dismissed on Summary Judgment
On November 14, 2017 Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
December 9, 2017 Conversion Claim Cannot be Based on Money Owed By Contract
On November 22, 2017, Justice Masley of the New York County Commercial Division issued a decision in… Read More
December 8, 2017 50% Shareholder Must Bring Derivative Action, Not Action in Name of Corporation, Against Other 50% Shareholder
On November 9, 2017, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
December 7, 2017 Court Awards Fees to Prevailing Party But Refuses to Award Fees on Fees
On November 22, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 6, 2017 Court Denies Motion to Disqualify Counsel Because Prior Representation Was Not Substantially Related to Present One
On November 21, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 5, 2017 Plaintiff Without Standing to Bring Derivative Action Not Entitled to Fee Award Under BCL Sec. 626
On November 29, 2017, the Second Department issued a decision in Sakow v. Waldman, 2017 NY Slip Op. … Read More
December 4, 2017 No Jurisdiction Over Defendants If Proper Service Under the CPLR Is Not Made, Even if Defendants Received the Documents
On November 29, 2017, the Second Department issued a decision in Josephs v. AACT Fast Collections Se… Read More
December 3, 2017 Party Cannot Be Held in Contempt for Failing to Pay a Fee Award
On November 29, 2017, the Second Department issued a decision in Liang v. Yi Jing Tan, 2017 NY Slip … Read More
December 2, 2017 Implied Covenant of Good Faith Cannot be Used to Create New Contract Rights
On November 16, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 1, 2017 Litigation Privilege Bars Defamation Claim
On November 28, 2017, the First Department issued a decision in Peters v. Coutsodontis, 2017 NY Slip… Read More
November 30, 2017 Court Erred in Converting Motion to Dismiss into Motion for Summary Judgment
On November 28, 2017, the First Department issued a decision in Island Intellectual Prop. LLC v. Rei… Read More
November 29, 2017 K-1s Not Dispositive Proof of Partnership Interests
On November 28, 2017, the First Department issued a decision in Rakosi v. Sidney Rubell Co., LLC, 20… Read More
November 28, 2017 Jury Trial Waiver in Escrow Agreement Governed Suit on Related Purchase Agreement
On November 21, 2017, the First Department issued a decision in Highbridge House Ogden LLC v. Highbr… Read More
November 27, 2017 No Claim Against Insurer for Breach of the Covenant of Good Faith and Fair Dealing Absent “Foreseeable Consequential Damages”
On October 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 26, 2017 Court Refuses to Award Fees for Almost 100 hours of Work on Motion to Compel
On November 3, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 25, 2017 Tenant Must Seek Yellowstone Injunction Before Cure Period Ends
On November 22, 2017, the Second Department issued a decision in Riesenburger Properties, LLLP v. Pi… Read More
November 24, 2017 Cayman Islands Procedural Law Does Not Apply to Derivative Claims of Cayman Entity in New York Lawsuit
On November 20, 2017, the Court of Appeals issued a decision in Davis v. Scottish Re Group Ltd., 201… Read More
November 23, 2017 If a Debtor Controls Funds Escrowed to Pay Specific Creditors, Those Funds Are Subject to Other Creditors' Claims
On November 15, 2017, the Second Department issued a decision in Freedman v. Hason, 2017 NY Slip Op.… Read More
November 22, 2017 Mere Error in Judgment Cannot Be Basis for Malpractice Claim
On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Te… Read More
November 21, 2017 Expert Testimony Required to Support Claim for Architectural Malpractice
On November 15, 2017, the Second Department issued a decision in Herman v. Franke, Gottsegen, Cox Ar… Read More
November 20, 2017 Fraud Claim Time-Barred; Plaintiffs Failed Timely to Take Action After They Had Inquiry Notice of Claim
On November 14, 2017, the First Department issued a decision in Moses v. Dunlop, 2017 NY Slip Op. 07… Read More
November 19, 2017 Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
November 18, 2017 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Administrative Board of the Courts has asked for public comment on a proposed change to the Comm… Read More
November 17, 2017 Party Not Entitled to Commission for Out-of-State Deposition
On November 16, 2017, the First Department issued a decision in Matter of Part 60 RMBS Put-Back Liti… Read More
November 16, 2017 Non-Party With Knowledge of Order Held in Contempt for Violating It
On November 14, 2017, the First Department issued a decision in Tishman Construction Corp. v. United… Read More
November 15, 2017 Resolving Split, Third Department Rules That Motion to Amend Requires No Showing of Merit
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
November 14, 2017 Successor Judge Should Have Adhered to Prior Judge's Holdings Under Law of Case Doctrine
On November 9, 2017, the First Department issued a decision in Glaze Teriyaki, LLC v. MacArthur Prop… Read More
November 13, 2017 Reports Prepared by Consultant During Investigation of Claims Held Not Privileged or Work Product
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
November 12, 2017 Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues
On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 11, 2017 Court Allows Contract Claim Based on Defendant's Alleged Control of Contracting Party
On October 24, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 10, 2017 Agreement Binding Even Though Parties Envisioned Further Negotiations Over Non-Material Terms
On November 9, 2017, the Fourth Department issued a decision in RES Exhibit Services, LLC v. Genesis… Read More
November 9, 2017 Transcripts and Videos of Arguments in the Court of Appeals for October 2017 Now Available
On October 3, 2017, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
November 8, 2017 Representation of Business Owners Not Representation of Business for Conflict Purposes
On October 23, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 7, 2017 Fiduciary Duty Claim Dismissed as Duplicative of Contract Claim
On November 2, 2017, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.… Read More
November 6, 2017 Upcoming Arguments in the Court of Appeals in November
Upcoming arguments in the Court of Appeals in November 2017 that may be of interest to commercial li… Read More
November 6, 2017 Contract That Did Not Recite Past Consideration Upon Which it Was Based Unenforceable
On November 2, 2017, the First Department issued a decision in Korff v. Corbett, 2017 NY Slip Op. 07… Read More
November 5, 2017 Bank Not Allowed to Amended its Answer to Change Statement It Claims Was Mistaken
On October 23, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 4, 2017 New York Attorney Rates Found Reasonable in Nevada Litigation
On October 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 3, 2017 Arbitrability of Claim Determined by the Arbitrator Where Agreement Incorporates Rules of the London Court of International Arbitration
On October 12, 2017, the Court of Appeals issued a decision in Garthon Bus. Inc. v. Stein, 2017 NY S… Read More
November 2, 2017 Valid Threats of Patent Litigation Against Customers Not Tortious Interference
On October 24, 2017, the First Department issued a decision in Lotes Co., Ltd. v. Hon Hai Precision … Read More
November 1, 2017 Breach of Contract May be Breach of Fiduciary Duty, But Only for Professionals
On October 19, 2017, the First Department issued a decision in Panattoni Development Co., Inc. v. Sc… Read More
October 31, 2017 Fee Award Vacated Due to Trial Court's Failure to Consider All Relevant Factors In Awarding Fees
On October 19, 2017, the First Department issued a decision in EVUNP Holdings LLC v. Frydman, 2017 N… Read More
October 30, 2017 Regardless of Merits, Court Should Not Have Granted Injunction When Money Damages Sufficient
On October 19, 2017, the First Department issued a decision in JSC VTB Bank v. Mavlyanov, 2017 NY Sl… Read More
October 29, 2017 Fraud Plaintiff Was Unreasonable in Relying on Representation Contradicted by Term Sheet
On October 13, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
October 28, 2017 Court Refuses to Issue Injunction Enforcing Restrictive Covenants
On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
October 27, 2017 Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud
On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY … Read More
October 26, 2017 Action Dismissed Because Plaintiff's Counsel Did Not Maintain Office in New York
On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Ch… Read More
October 25, 2017 Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute
On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden,… Read More
October 24, 2017 Action Dismissed for Failure Timely to Serve Complaint
On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 … Read More
October 23, 2017 Bringing Action for Rescission/Reformation of Contract Not Anticipatory Breach of That Contract
On October 19, 2017, the Court of Appeals issued a decision in Princes Point LLC v. Muss Development… Read More
October 22, 2017 Default Judgment Vacated Because of Possible Misrepresentations in Complaint
On October 10, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Dea… Read More
October 21, 2017 Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward
On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 20, 2017 Question of Fact Regarding Whether Time Was of the Essence Precludes Summary Judgment
On October 2, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Scott R… Read More
October 19, 2017 Plaintiff Lacked Standing to Assert Claims for Damage to Affiliate
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More
October 18, 2017 Court of Appeals Grants Leave to Appeal in Case Involving Enforceability of Deed Covenant to Provide Free Electricity
On October 17, 2017, the Court of Appeals granted leave to appeal in Niagara Mohawk Power Corp. v. A… Read More
October 17, 2017 Foreign Defendants Found Not to Be Subject to Personal Jurisdiction in New York
On October 10, 2017, the First Department issued a decision in IMAX Corp. v. Essel Group, 2017 NY Sl… Read More
October 16, 2017 Appeal Timely Notwithstanding That Notice of Appeal Was Rejected by Clerk
On October 10, 2017, the First Department issued a decision in Perlbinder v. Board of Managers of th… Read More
October 15, 2017 Res Judicata Effect of Prior Award is For Arbitrator, Not Court, to Decide
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Gi… Read More
October 14, 2017 Construction-Related Claims Barred by "No Damages for Delay" Clause
On September 28, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in P… Read More
October 13, 2017 Clear and Convincing Standard of Proof Not Applied at Summary Judgment
On September 28, 2017, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 12, 2017 RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas
On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 11, 2017 LLC Does Not Owe Fiduciary Duties to its Members
On September 28, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
October 10, 2017 Plaintiff Fails to Provide Evidence Showing Jurisdiction Over Foreign Shipping Company
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 9, 2017 CPLR 205(a) Statute of Limitations Extension Does Not Apply to Voluntarily Discontinued Action
On October 4, 2017, the Second Department issued a decision in EB Brands Holdings, Inc. v. McGladrey… Read More
October 8, 2017 Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 7, 2017 Reaching Out to New York Bank to Negotiate Loan Agreements Created Personal Jurisdiction
On September 25, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 6, 2017 Breach of Contract Claim Dismissed for Failure to Identify Particular Provision That was Breached
On October 6, 2017, the Fourth Department issued a decision in Barrett v. Grenda, 2017 NY Slip Op. 0… Read More
October 5, 2017 Destroyed Evidence Presumed Relevant When it is Intentionally Deleted
On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Cor… Read More
October 4, 2017 Unsigned Employment Agreement Void Under Statute of Frauds
On September 20, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
October 3, 2017 Upcoming Arguments in the Court of Appeals in October
Upcoming argument in the Court of Appeals that may be of interest to commercial litigators include: … Read More
October 2, 2017 Commercial General Liability Insurance Policy Did Not Cover Breach of Contract Claim
On September 27, 2017, the Second Department issued a decision in J.W. Mays, Inc. v. Liberty Mutual … Read More
October 1, 2017 Transcripts and Videos of Arguments in the Court of Appeals for September 2017 Now Available
On August 11, 2017, we noted three cases of interest from the oral arguments before the Court of App… Read More
September 30, 2017 Term Sheet Not a Binding Contract
On September 26, 2017, the First Department issued a decision in Keitel v. E*TRADE Financial Corp., … Read More
September 29, 2017 Fraudulent Inducement Claims Dismissed on Summary Judgment: No Reasonable Reliance
On September 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 28, 2017 Unreasonably Lengthy and Frivolous Investigation Sufficient Basis for Breach of Implied Covenant of Good Faith and Fair Dealing
On September 15, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 27, 2017 Court Rejects Allegations of Conspiracy-Based Personal Jurisdiction
On September 8, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 26, 2017 Plaintiff's Voluntary Payment of Disputed Sum and Delay in Bringing Suit Dooms Claims
On September 18, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 25, 2017 Veil Piercing Claim Not Incompatible with Indemnification Claim
On September 7, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 24, 2017 Economic Interest Holders Did Not Have Standing to Dissolve Partnership
On August 7, 2017, Justice Livote of the Queens County Commercial Division issued a decision in BV I… Read More
September 23, 2017 On Reargument, Court Finds Motion Timely and Grants Summary Judgment
On September 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in 531 … Read More
September 22, 2017 Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages
On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 21, 2017 Fraud Claim Based on Promise to Perform Under the Parties' Contract Dismissed
In September 19, 2017, a divided First Department issued a decision in Cronos Group Ltd. v. XComIP, … Read More
September 21, 2017 Turnover Order Can Relate to Out-of-State Property
On September 1, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 20, 2017 Alleged Breach by Plaintiff Insufficient to Prevent Judgment on Contract Claim
On September 11, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
September 19, 2017 Defendant Cannot Amend Answer to Assert Defense of Lack of Personal Jurisdiction
On September 11, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 18, 2017 Client Bound by Counsel's Agreements, Even if Counsel Lacked Authority to Agree
On September 12, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 17, 2017 Manager of Delaware LLC Must Exercise Rights Granted to it in Good Faith
On September 8, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 16, 2017 Indemnification Provision Applies to Litigation Between Parties
On September 5, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
September 15, 2017 Parties Waived Right to Arbitrate By Participating in Litigation
On September 6, 2017, Justice Bransten of the New York County Commercial division issued a decision … Read More
September 13, 2017 First Department Arguments to be Broadcast Live Over the Internet
Presiding Justice Rolando T. Acosta has announced that effective Tuesday, September 12, 2017, oral a… Read More
September 7, 2017 Appellate Court's Costs Award Does Not Bar Application for Fees Under Contract
On August 31, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
September 6, 2017 CLE Program: Practicing in NYS Supreme Court
On September 13, 2017, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at t… Read More
September 5, 2017 Party May Invoke Forum Selection Clause Against Non-Signatory Closely Related to a Signatory
On August 29, 2017, the First Department issued a decision in Universal Investment Advisory SA v. Ba… Read More
September 4, 2017 Celebrity Attorney Criticized for Deposition Misconduct
On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 3, 2017 Fraud Claim Cannot be Based on Statement Contradicted by Unambiguous Term of Contract
On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 2, 2017 Claim for Money Had and Received Dismissed
On August 17, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 31, 2017 Plaintiff Cannot Get Attorneys’ Fees Under CPLR 3220 Unless Action Goes to Trial
On August 30, 2017, the Second Department issued a decision in Saul v. Cahan, 2017 NY Slip Op. 06391… Read More
August 30, 2017 Court Erred in Granting Preliminary Injunction Without Ordering Plaintiff to Give Undertaking
On August 23, 2017, the Second Department issued a decision in Mobstub, Inc. v. www.staytrendy.com, … Read More
August 29, 2017 Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence
On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2017 No Breach of Covenant of Good Faith and Fair Dealing; Plaintiff Received Benefits of Contract
On August 23, 2017, the Second Department issued a decision in Rayham v. Multiplan, Inc., 2017 NY Sl… Read More
August 27, 2017 Court Rejects Expert Reports That Opined on the Law of Legal Ethics
On August 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 26, 2017 Questions of Fact on Whether LLC Could Fulfill its Purpose Barred Dissolution Claim's Dismissal
On August 16, 2017, the Second Department issued a decision in Mace v. Tunick, 2017 NY Slip Op. 0617… Read More
August 25, 2017 Motion Court Should Not Have Denied Motion to Amend
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
August 24, 2017 Letters, Affidavits and Transcripts Not 3211(a)(1) Documentary Evidence
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
August 23, 2017 Justices Scheinkman and Garguilo Recently Updated Their Part Rules
Justice Scheinkman of the Westchester County Commercial Division recently updated his Practice Guide… Read More
August 22, 2017 Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony
On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Plann… Read More
August 21, 2017 Court Should Not Have Vacated Default Judgment Where There Was No Reasonable Excuse for Default
On August 16, 2017, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2017 NY … Read More
August 20, 2017 Insurer Owed Pre-Judgment Interest From Date of Wrongful Disclaimer of Coverage
On August 7, 2017, Justice Ramos of the New York County Commercial Division issued a decision in J.P… Read More
August 19, 2017 Limited Liability Company Cannot Appoint Non-Member to Evaluate Derivative Claims
On August 15, 2017, the First Department issued a decision in LNYC Loft, LLC v. Hudson Opportunity F… Read More
August 17, 2017 Court Should Not Have Removed Member from LLC Management Without Hearing
On August 15, 2017, the First Department issued a decision in Crabapple Corp. v. Elberg, 2017 NY Sli… Read More
August 16, 2017 Motion to Amend Filed After Note of Issue Date Denied Due to Prejudice to Plaintiff
On August 2, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in JB… Read More
August 15, 2017 Court Excludes Parol Evidence Despite Lack of Merger Clause
On August 9, 2017, the Second Department issued a decision in Hoeg Corp. v. Peebles Corp., 2017 NY S… Read More
August 14, 2017 Court Orders Dissolution of Family-Owned Corporation
On August 3, 2017, following a 6-day bench trial, Justice Dufficy of the Queens County Commercial Di… Read More
August 13, 2017 Two-Year Discovery Rule Does Not Save Fraud Claim from Being Time-Barred
On August 7, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 12, 2017 Plaintiff Awarded Damages on Conversion Claim Even Though Converted Funds Returned
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
August 11, 2017 Upcoming Arguments in the Court of Appeals in September
Upcoming arguments in the Court of Appeals that may be of interest to commercial litigators include:… Read More
August 10, 2017 Lost Profits Found to be Recoverable as General, Not Consequential, Damages
On August 3, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 9, 2017 Insured Not Entitled to Indemnification Because It Settled Claims Without Insurer's Permission
On August 8, 2017, the First Department issued a decision in Bovis Lend Lease (LMB), Inc. v. Arch In… Read More
August 8, 2017 Merger Clause Bars Fraud Claim
On July 31, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in R… Read More
August 7, 2017 Intermediary Was Not Agent With Authority to Bind Trust
On August 1, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 6, 2017 Party Need Not Produce Documents Relating to Settlement Discussions
On July 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Five… Read More
August 5, 2017 Property Owner Not Liable to Subcontractor for General Contractor's Obligations
On July 26, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Cou… Read More
August 4, 2017 Request for Indemnification Under BCL Denied on Procedural Grounds
On July 13, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Fed… Read More
August 3, 2017 Court Enforces Warranty Waiver, Dismissing Claim
On August 2, 2017, the Second Department issued a decision in Joka Industries, Inc. v. Doosan Infrac… Read More
August 2, 2017 First Department Reaffirms Indenture Trustee's Fiduciary Duties
On August 1, 2017, the First Department issued a decision in Cece & Co. Ltd. v. U.S. Bank N.A., 2017… Read More
August 1, 2017 Court Denies Summary Judgment Motion Due to Defendant's Failure to Attend Deposition
On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Z… Read More
July 31, 2017 Fact Issues Do Not Preclude Issuance of a Yellowstone Injunction
On June 9, 2017, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mon… Read More
July 30, 2017 Justice Masley Posts Part Rules
Justice Andrea Masley, newly-assigned to the New York County Commercial Division, recently posted he… Read More
July 28, 2017 Court Refuses to Dismiss New York Action in Favor of Later-Filed California Action
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 27, 2017 Actual Notice Insufficient to Meet Contract's Strict Contractual Notice Requirement
On July 27, 2017, the Third Department issued a decision in Ridley Electric Co., Inc. v. Dormitory A… Read More
July 26, 2017 Breach of Fiduciary Duty Claim Based on Law Firm's Conflicted Representation Timely
On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, … Read More
July 25, 2017 Justice Masley Assigned to Commercial Division
Justice Andrea Masley, previously assigned to Part 25, has been reassigned to the New York County Co… Read More
July 24, 2017 Court Declines to Award Attachment Due to Lack of Evidence of Intent to Defraud
On July 17, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Del Forte… Read More
July 23, 2017 Plaintiff Awarded Fees Based on Unmistakably Clear Language in Contract
On July 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 21, 2017 Alleged Faulty Notice of Lease Renewal States Breach of Implied Covenant Claim
On July 13, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 20, 2017 Class Action Waiver Violated National Labor Relations Act
On July 18, 2017, the First Department issued a decision in Gold v. New York Life Insurance Co., 201… Read More
July 19, 2017 Plaintiff's Failure to Read Policy No Bar to Claim for Failure to Obtain Proper Insurance
On July 11, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in 386 3r… Read More
July 18, 2017 Corporate Officers Can Enforce Arbitration Provision in Corporation's Contract
On July 12, 2017, the Second Department issued a decision in Degraw Construction Group, Inc. v. McGo… Read More
July 17, 2017 Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument
On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Ener… Read More
July 16, 2017 Plaintiff's Amended Claims Found to Relate Back to Date of Original Complaint
On June 29, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Seidler v… Read More
July 15, 2017 Movant Failed to Meet High Burden of Showing That Opponent's Conduct Was Frivolous
On July 5, 2017, the Second Department issued a decision in West Hempstead Water District v. Buckeye… Read More
July 14, 2017 Non-Parties Bound by Contract's Forum Selection Clause
On June 27, 2017, Justice Scarpulla of the New York County Commercial division issued a decision in … Read More
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 Court Approves Disclosure-Only Class Action Settlement
On March 24, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 2, 2017 Preliminary Injunction Issued Requiring Defendant to Record Mortgages in Plaintiff's Favor
On March 22, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Sut… Read More
April 1, 2017 Acquiror of Judgment Debtor's Assets Not Liable as Debtor's Successor
On March 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Kolo… Read More
March 31, 2017 Claims Barred by in Pari Delicto Doctrine
On March 28, 2017, the First Department issued a decision in Romanoff v. Romanoff, 2017 NY Slip Op. … Read More
March 29, 2017 Contract Claim Fails for Lack of Contractually-Required Notice and Opportunity to Cure
On March 20, 2017, Justice Kornreich issued a decision in Gottwald v. Sebert, 2017 NY Slip Op. 30521… Read More
March 28, 2017 Defendant Who Was Party to Contract Liable Even Though His Employer Also Had Contract With Plaintiff
On March 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Lord… Read More
March 27, 2017 Plaintiff Bound by Terms Incorporated by Reference into Purchase Order
On March 24, 2017, the Fourth Department issued a decision in Auburn Custom Millwork, Inc. v. Schmid… Read More
March 26, 2017 Ownership Interest in LLC is Intangible Property Not Subject to Conversion
On March 23, 2017, the First Department issued a decision in Saleeby v. Remco Maintenance, LLC, 2017… Read More
March 25, 2017 IM's Did Not Create Contract Because Deal Was "Subject To" Further Documentation
On March 23, 2017, the First Department issued a decision in Luxor Capital Group, L.P. v. Seaport Gr… Read More
March 24, 2017 Parties' Course of Conduct Trumps No-Oral-Waiver Clause
On March 22, 2017, the Second Department issued a decision in Kamco Supply Corp. v. On the Right Tra… Read More
March 23, 2017 Judiciary Law § 478 Claim Cannot Be Based on Attorney Conduct in Arbitration
On March 16, 2017, the First Department issued a decision in Doscher v. Mannatt, Phelps & Phillips, … Read More
March 22, 2017 Defendant Waived Forum Selection Clause By Failing Timely to Object to Forum
On March 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 21, 2017 Vacatur Based on Releases Denied; Defendant Failed Timely to Raise Issue
On March 7, 2017, the First Department issued a decision in Grinshpun v. Borokhovich, 2017 NY Slip O… Read More
March 20, 2017 Statute of Limitations Runs From When Contract is Signed, Not When it is Dated
On March 9, 2017, the First Department issued a decision in Natixis Real Estate Capital Trust 2007-H… Read More
March 19, 2017 Assignment of Claim"Of Any Nature Whatsoever" Sufficient to Assign Tort Claims
On March 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 18, 2017 Insurer Entitled to Judgment as a Matter of Law Based on Plaintiff's Misrepresentations
On March 1, 2017, the Second Department issued a decision in Estate of Gen Yee Chu v. Otsego Mutual … Read More
March 17, 2017 Court Properly Granted Default Judgment; No Reasonable Excuse for Default
On March 1, 2017, the Second Department issued a decision in Jing Shan Chen v. R & K 51 Realty, Inc.… Read More
March 16, 2017 Attorney Release in Agreement Insufficient to Bind Attorney to Agreement's Arbitration Clause
On March 2, 2017, the First Department issued a decision in Matter of Kramer Levin Naftalis & Franke… Read More
March 15, 2017 RMBS Fraud Claim Dismissed for Inability to Tie Losses to Misrepresentations
On March 2, 2017, the First Department issued a decision in Basis PAC-Rim Opportunity Fund (Master) … Read More
March 14, 2017 Past Consideration Received and Acknowledged Sufficient Consideration Under Contract
On February 28, 2017, the First Department issued a decision in Neo Universe Inc. v. Ito, 2017 NY Sl… Read More
March 13, 2017 Whether Insurer Waived Limitations Period By Seeking Information Creates Question of Fact
On March 2, 2017, Justice Singh of the New York County Commercial Division issued a decision in Anth… Read More
March 13, 2017 Allegations of Malicious Prosecution and Defamation Based on Allegations in Complaint Upheld
On February 28, 2017, the First Department issued a decision in Thomas v. G2 FMV, LLC, 2017 NY Slip … Read More
March 12, 2017 Art Dealer Forfeits Commission Under Faithless Servant Doctrine
On February 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
March 11, 2017 No Waiver as a Matter of Law Found Where Contract Had Non-Waiver Clause
On March 1, 2017, the Second Department issued a decision in Sunoce Properties, Inc. v. Bally Total … Read More
March 10, 2017 First Department Examines Scope of Covenant of Good Faith and Fair Dealing
On February 28, 2017, the First Department issued a decision in Transit Funding Associates, LLC v. C… Read More
March 9, 2017 Prior Judgment From English Court Barred New Suit in New York
On February 28, 2017, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche… Read More
March 8, 2017 Continuing Wrong Doctrine Does Not Save Plaintiff's Claims Against Credit Card Issuer
On February 23, 2017, the First Department issued a decision in Henry v. Bank of America, 2017 NY Sl… Read More
March 7, 2017 No Dismissal Because of Prior Pending Action; Relief Sought Not Substantially the Same
On February 23, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Lt… Read More
March 6, 2017 Trial Court Ordered to Determine Undertaking Based on Evidentiary Submissions
On February 23, 2017, the First Department issued a decision in Spivak v. Bertrand, 2017 NY Slip Op.… Read More
March 4, 2017 Motion to Correct Judgment Cannot be Used to Litigate New Issues
On February 15, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
March 3, 2017 No Fraud Claim for Lost Profits
On February 23, 2017, the First Department issued a decision in Norcast S.ar.l. v. Castle Harlan, In… Read More
March 2, 2017 Fraud Claim Survives Split Decision Regarding When Plaintiff Could Have Discovered Claim
On February 23, 2017, the First Department issued a decision in Norddeutsche Landesbank Girozentrale… Read More
March 1, 2017 Terms and Conditions Sent to Party Several Days After Parties' Agreement Part of Contract
On February 21, 2017, the First Department issued a decision in Lion Copolymer, LLC v. Kolmar Americ… Read More
February 28, 2017 Arguments of Interest in the Court of Appeals in March 2017
Upcoming arguments in the Court of Appeals of interest to commercial litigators in March 2017 includ… Read More
February 28, 2017 Contract Claim Dismissed; Definition of Defined Term Governed, Not Usual Understanding
On February 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 27, 2017 Equitable Subrogation Not Available Against Third Party Whose Liability Arises By Contract; Case Remanded For Consideration of Contractual Subrogation Claim
On January 17, 2017, the First Department issued a decision in Millennium Holdings LLC v. Glidden Co… Read More
February 26, 2017 Discord Between LLC Members so Severe That it Justified LLC's Dissolution
On February 16, 2017, Justice Dufficy of the Queens County Commercial Division issued a decision in … Read More
February 25, 2017 Insurer Adequately Pleads Reliance on RMBS Issuer's Representations
On December 19, 2016, Justice Friedman of the New York County Commercial Division issued a decision … Read More
February 24, 2017 Default Judgment Denied For Failure to Allege or Provide Facts Showing Liability
On February 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 23, 2017 Party Waived Right to Seek Objected-To Discovery By Not Making Timely Motion to Compel
On February 14, 2017, Justice Oing of the New York County Commercial Division issued a decision in N… Read More
February 22, 2017 Court Erred in Vacating Undertaking Before Determining Damages Suffered From TRO
On February 16, 2017, the First Department issued a decision in Canales v. Finger, 2017 NY Slip Op. … Read More
February 21, 2017 Failure to Agree Does Not Violate Obligation in Term Sheet to Negotiate in Good Faith
On February 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 20, 2017 First-in-Time Analysis Under CPLR 3211(a)(4) Based on Filing of Summons With Notice
On January 12, 2017, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in… Read More
February 19, 2017 Dismissal of Fraudulent Misrepresentation Claim Based on Respondeat Superior Theory Affirmed
On February 14, 2017, the First Department issued a decision in VFP Investments I LLC v. Foot Locker… Read More
February 18, 2017 Court Rejects Claim Based on Term Sheet for Later-Memorialized Agremeent
On February 6, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
February 17, 2017 Guarantee of Borrower's Obligations Under Agreement Not Document Amenable to CPLR 3213 Action
On February 14, 2017, the First Department issued a decision in PDL Biopharma, Inc. v. Wohlstadter, … Read More
February 16, 2017 Broad Coverage Exclusion Does Not Render Insurance Policy "Illusory" Where Some Coverage Is Afforded
On February 14, 2017, the Court of Appeals issued a decision in Lend Lease (US) Construction LMB Inc… Read More
February 15, 2017 Fraud Plaintiff Was Reasonable in Relying on Opinion Letter Without Doing Independent Appraisal
On February 10, 2017, the First Department issued a decision in Remediation Capital Funding LLC v. N… Read More
February 14, 2017 First Department Affirms Dismissal of Investor Claims Against Rating Agencies as Time-Barred
On February 10, 2017, the First Department issued a decision in Varga v. McGraw Hill Financial, Inc.… Read More
February 13, 2017 Court Finds Service of Information Subpoena/Restraining Notice on Party's Counsel Adequate
On February 3, 2017, Justice Singh of the New York County Commercial Division issued a decision in D… Read More
February 12, 2017 Contract Claim Dismissed as Vague and Conclusory
On February 1, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
February 11, 2017 Dismissal for Lack of Standing Does Not Have Res Judicata Effect on Merits
On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
February 10, 2017 Failure to Inform Client of Retention of Co-Counsel Does Not Render Retainer Unenforceable
On February 9, 2017, the Court of Appeals issued a decision in Marin v. Constitution Realty, LLC, 20… Read More
February 9, 2017 Court of Appeals Accepts Certified Question on Interpretation of Reinsurance Contracts
On January 10, 2017, the Court of Appeals accepted a certified question from the Second Circuit in G… Read More
February 8, 2017 Reargument Denied When Motion Was Based On New Arguments
On January 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Bo… Read More
February 7, 2017 First Department Expands Factors Governing Approval of Nonmonetary Class Action Settlements
On February 2, 2017, the First Department issued a decision in Gordon v. Verizon Communications, Inc… Read More
February 6, 2017 LLC Member Does Not Owe Fiduciary Duty To Managing Member Or To The LLC Itself
On January 31, Justice Singh of the New York County Commercial Division issued a decision in Landes … Read More
February 5, 2017 Agreements' Forum Selection Clauses Did Not Bind Non-Signatories
On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in S… Read More
February 4, 2017 Court Issues Injunction Enforcing Covenant Not to Compete
On January 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Shimon… Read More
February 3, 2017 No Personal Jurisdiction Found Over Defendant Based on Actions of His Agents
On January 26, 2017, the First Department issued a decision in Coast to Coast Energy, Inc. v. Gasarc… Read More
February 2, 2017 Strategic Decisions, Even Flawed Ones, Generally Do Not Support a Malpractice Claim
On January 26, 2017, the First Department issued a decision in Brookwood Companies, Inc. v Alston & … Read More
February 1, 2017 Court Orders Production of Pre-Litigation Work Product
On January 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 31, 2017 Court Did Not Abuse Discretion in Precluding Expert on Interpretation of ISDA Agreement
On January 24, 2017, the First Department issued a decision in Good Hill Master Fund L.P. v Deutsche… Read More
January 30, 2017 Error of Law by Arbitrator Insufficient Basis to Vacate Award
On January 24, 2017, the First Department issued a decision in Matter of Yarmak v. Penson Financial … Read More
January 29, 2017 Plaintiff Fails to State Claim for Reporter's Failure to Publish Article Based on Plaintiffs' Exclusive Information
On January 13, 2017, Justice Ramos of the New York County Commercial Division issued a decision in R… Read More
January 28, 2017 Pre-Action Discovery Not Available to Revive Already-Dismissed Action
On January 11, 2017, Justice Oing of the New York County Commercial Division issued a decision in Cu… Read More
January 27, 2017 Derivative Action Dismissed; Demand Insufficient and Futility Not Shown (New York Count
On January 17, 2017, Justice Singh of the New York County Commercial Division issued a decision in S… Read More
January 26, 2017 Test Under Statute of Frauds Is Not Whether Verbal Contract Lasted More Than a Year
On January 11, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
January 25, 2017 Broker Entitled to Fee Under Agreement Even Though Not Procuring Cause of Sale
On January 19, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc.… Read More
January 24, 2017 Inquiry Notice of Fraud Existed When Party Received PPM That Contradicted Oral Promises
On January 19, 2017, First Department issued a decision in Hamrick v. Guralnick, 2017 NY Slip Op. 00… Read More
January 23, 2017 Court of Appeals Grants Leave to Appeal in Case Involving Valuation of Minority Partner’s Interest
On January 10, 2017, the Court of Appeals granted leave to appeal in Congel v. Malfitano, a case inv… Read More
January 22, 2017 Corporate Officer Not Bound by Corporation's Contracts
On January 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 21, 2017 Broad Force Majeure Clause Enforced
On January 17, 2017, the First Department issued a decision in Constellation Energy Services of New … Read More
January 20, 2017 No Dismissal on Foreign Statute of Limitations: Insufficient Evidence of Foreign Law
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 19, 2017 Party Waived Right to Serve Discovery Demands by Disregarding Case Management Order Deadlines
On January 17, 2017, the First Department issued a decision in Vandashield Ltd v. Isaacson, 2017 NY … Read More
January 18, 2017 Term Sheet Found to be Binding Contract
On January 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 17, 2017 Court Confirms Arbitration Award Despite Party's Misconduct
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 16, 2017 Fraudulent Inducement Claim Fails for Failure to Prove Out-of-Pocket Damages
On January 12, 2017, the First Department issued a decision in Kumiva Group, LLC v. Garda USA Inc., … Read More
January 15, 2017 Foreign Entity's Designation of Location With Secretary of State Controls for Venue Purposes
On December 21, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Simsh… Read More
January 14, 2017 Court Will Not Enforce Unreasonable Forum Selection Clause
On January 12, 2017, the First Department issued a decision in Prospect Funding Holdings L.L.C v. Ma… Read More
January 13, 2017 No Implied Ratification Where Party Received no Benefit
On January 10, 2017, the First Department issued a decision in La Candelaria E. Harlem Community Cen… Read More
January 12, 2017 Court Had Jurisdiction to Hear Motion for Time to Serve Despite Failure to Serve Within 120 Days
On January 10, 2017, the First Department issued a decision in Zegelstein v. Faust, 2017 NY Slip Op.… Read More
January 11, 2017 Court May Grant Any Relief, Demanded or not, Within its Jurisdiction Appropriate to the Proof
On January 10, 2017, the First Department issued a decision in A&F Hamilton Heights Cluster, Inc. v… Read More
January 10, 2017 Negligent Misrepresentation Claim Against Accountants Fails For Lack of Link to Plaintiff's Use
On January 5, 2017, the First Department issued a decision in GSP Finance LLC v. KPMG LLP, 2017 NY S… Read More
January 9, 2017 RMBS Issuer's Obligation to Cure Triggered by its Discovery of Defects; Notice Unnecessary
On December 29, 2016, the First Department issued a decision in U.S. Bank N.A. v GreenPoint Mortgage… Read More
January 8, 2017 CLE Program: Amendments to the Statewide Commercial Division Rules
On January 11, 2017, Lupkin & Associates partner Jonathan D. Lupkin and associate Rebecca C. Smithwi… Read More
January 7, 2017 No Breach of Contract Claim or Right to Rescind Where Alleged Breach Not Material
On December 8, 2016, Justice Walker of the Erie County Commercial division issued a decision in Matt… Read More
January 6, 2017 Conveyances Fraudulent Under Debtor Creditor Law
On December 22, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
January 5, 2017 Defamation Action Based on Claims Made in Fight to Control Co-op Board Dismissed
On December 28, 2016, the Second Department issued a decision in Holliswood Owners Corp. v. Rivera, … Read More
January 4, 2017 Absent Fraud, Board's Judgment as to Value of Consideration Received for Shares is Conclusive
On December 28, 2016, the Second Department issued a decision in KNET, Inc. v. Ruocco, 2016 NY Slip … Read More
January 3, 2017 Argument of Interest in the Court of Appeals on January 11, 2017
On Wednesday, January 11, 2017, the Court of Appeals will hear oral argument in the following insura… Read More
January 2, 2017 If Party Has No Way of Discovering Problem, Specific Disclaimer May Not Bar Claim
On December 20, 2016, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 31, 2016 That Non-Party Witness is a Commercial Division Judge Does Not Justify Change of Venue
On December 22, 2016, the First Department issued a decision in United States Fidelity & Guaranty C… Read More
December 29, 2016 Court Dismisses Both Complaint and Counterclaims for Discovery Abuses
On December 14, 2016, Justice Oing of the New York County Commercial Division issued a decision in L… Read More
December 28, 2016 No New York Common Law Right to Control Public Performances of Copyrighted Recordings
On December 20, 2016, the Court of Appeals issued a decision in Flo & Eddie, Inc. v. Sirius XM Radio… Read More
December 27, 2016 Affirmative Defense Not in Answer Not Waived Because it Was Subsequently Raised and Responded to
On December 15, 2016, the First Department issued a decision in American Stevedoring, Inc. v. Red Ho… Read More
December 26, 2016 Court Agrees to Decide Late-Filed Motion to Dismiss
On December 8, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
December 25, 2016 Court Awards Fees-on-Fees, But Drastically Cuts Referee's Award
On December 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
December 24, 2016 Insurance Law § 3404 Does Not Bar Policy Condition That Insured Building Have Sprinklers
On December 9, 2016, Justice Oing of the New York County Commercial Division issued a decision in Il… Read More
December 23, 2016 Acceptance of Bid at Auction Created Binding Agreement Notwithstanding Lack of Final Writing
On December 20, 2016, the Court of Appeals issued a decision in Stonehill Capital Management, LLC v.… Read More
December 22, 2016 Situs of Injury for Economic Damage is Where Original Critical Events Took Place
On December 7, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 21, 2016 Escrow Agent Has Fiduciary Duty to Persons With a Beneficial Interest in the Escrowed Property
On December 14, 2016, the Second Department issued a decision in Sasidharan v. Piverger, 2016 NY Sli… Read More
December 20, 2016 Update of Educational Film About the Commercial Division Released
The Commercial Division Advisory Council recently issued an updated version of its educational film … Read More
December 20, 2016 Domination, Without Fraud or Bad Act, Insufficient to Prove Veil Piercing Claim
On December 14, 2016, the Second Department issued a decision in Vivir of L I, Inc. v. Ehrenkranz, 2… Read More
December 19, 2016 AG's Statutory Fraud Claims Relating to RMBS Sales Timely
On December 13, 2016, the First Department issued a decision in People v. Credit Suisse Sec. (USA) L… Read More
December 18, 2016 Default Judgment Based on Refusal to Provide Discovery Has Collateral Estoppel Effect
On December 13, 2016, the First Department issued a decision in Metro Foundation Contractors, Inc. v… Read More
December 15, 2016 Irreparable Injury Presumed From Breach of Non-Compete Made In Connection With Sale of Business
On November 29, 2016, the First Department issued a decision in BDC Management Services, LLC v. Sing… Read More
December 14, 2016 Law Firm Equitably Estopped from Asserting Defense Against Former Client
On December 6, 2016, the First Department issued a decision in Deep Woods Holdings LLC v. Pryor Cash… Read More
December 13, 2016 Broker Not Entitled to Commission for Transaction That Did Not Close
On November 29, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
December 12, 2016 Claim for Material Misrepresentation in the Inducement of an Insurance Contract Does Not Require Submission of a Written Application for Insurance
On November 29, 2016, the First Department issued a decision in CIFG Assur. N. Am., Inc. v. J.P. Mor… Read More
December 11, 2016 Court Rejects Veil Piercing Claim; Notes That Law Enforces Both Good Deals and Bad
On November 28, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 10, 2016 Claim Based on Oral Promise to Pay Employee Fails Where Employee Handbook Required Writing
On December 1, 2016, the First Department issued a decision in Newmark & Co. Real Estate, Inc. v. Fr… Read More
December 9, 2016 Covenant of Good Faith and Fair Dealing Did Not Prevent Contract Termination
On November 30, 2016, the Second Department issued a decision in ELBT Realty, LLC v. Mineola Garden … Read More
December 8, 2016 Accounting Malpractice Claim Properly Dismissed for Lack of Privity
On November 30, 2016, the Second Department issued a decision in Weinstein v. CohnReznick, LLP, 2016… Read More
December 7, 2016 Default Judgment Reversed; Law Office Failure Sufficient Excuse
On November 29, 2016, the First Department issued a decision in Cheri Restaurant Inc. v. Eoche, 2016… Read More
December 6, 2016 Strict Compliance With Notice Provision Not Required In Real Estate Case
On November 28, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
December 5, 2016 First Department Reverses Trial Court Approval of Derivative Action Settlement
On November 29, 2016, the First Department issued a decision in Company v. Clayton Dubilier & Rice, … Read More
December 4, 2016 Court Excuses Untimely Motion for Default Judgment
On November 21, 2016, Justice Hudson of the Suffolk County Commercial division issued a decision in … Read More
December 3, 2016 Disagreement Over LLC Management Insufficient Grounds for Dissolution
On November 18, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Matte… Read More
December 2, 2016 Amended Operating Agreement Not Documentary Evidence Proving Plaintiff Was Not an LLC Member
On November 22, 2016, Justice Knipel of the Kings County Commercial Division issued a decision in Cu… Read More
December 1, 2016 Court of Appeals Grants Leave to Appeal in Case Regarding Application of Res Judicata to Unasserted Compulsory Counterclaims in Prior Federal Action
On November 22, 2016, the Court of Appeals granted leave to appeal in Paramount Pictures Corp. v. Al… Read More
November 30, 2016 Board Did Not Breach Fiduciary Duty By Entering Into Management Contract With Former Employees
On November 22, 2016, the First Department issued a decision in Doppelt v. Denahan, 2016 NY Slip Op.… Read More
November 29, 2016 Party Could Not Raise Illegality Defense After Other Party Had Performed
On November 16, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
November 28, 2016 Insurance Law § 3420 Does Not Apply to Investment Losses
On November 15, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
November 27, 2016 Party Who Agreed to Be Tie-Breaker Vote for LLC Members Had Fiduciary Duty to Members
On November 21, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
November 26, 2016 Warranty of Habitability Does Not Include Right to Create Additional Habitable Space
On November 22, 2016, the First Department issued a decision in Seigel v. Dakota, Inc., 2016 NY Slip… Read More
November 25, 2016 Transcripts and Videos of Arguments in the Court of Appeals for November 2016 Now Available
On November 7, 2016, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
November 24, 2016 Personal Jurisdiction Found Based on Use of New York Correspondent Banks to Launder Funds
On November 22, 2016, the Court of Appeals issued a decision in Rushaid v. Pictet & Cie, 2016 NY Sli… Read More
November 23, 2016 Former Employees Can be Ordered to Repay Salaries under Faithless Servant Doctrine
On November 22, 2016, the First Department issued a decision in Beach v. Touradji Capital Management… Read More
November 22, 2016 RMBS Fraud Claims Upheld; Plaintiff Was Justified in Relying on Misrepresentations
On November 17, 2016, the First Department issued a decision in Phoenix Light SF Ltd. v. Credit Suis… Read More
November 21, 2016 Failure to Give Notice and Opportunity to Defend Fatal to Indemnification Claim
On November 17, 2016, the First Department issued a decision in Conergics Corp. v. Dearborn Mid-West… Read More
November 20, 2016 At-Will Sales Employee Not Entitled to Post-Termination Commissions
On November 18, 2016, the Fourth Department issued a decision in Moore-Haarr v. Z-AXIS, Inc., 2016 N… Read More
November 19, 2016 Quasi-Contract and Tort Claims Cannot Revive Contract Claims Barred by Statute of Frauds
On November 15, 2016, the First Department issued a decision in Komolov v. Segal, 2016 NY Slip Op. 0… Read More
November 18, 2016 Once Wire Transfer Request is Accepted, Funds Become Property of the Beneficiary
On November 15, 2016, the First Department issued a decision in Bayerische Hypo-Und Vereinsbank AG v… Read More
November 17, 2016 Clothing Designs Other Than Trademarked Logos are Not Protected Intellectual Property
On November 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 16, 2016 Malpractice Claim Arises When Malpractice Occurs Not When Malpractice Becomes Apparent
On October 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 15, 2016 Surety Awarded Summary Judgment Against Bonded Party
On October 28, 2016, Justice Ramos of the New York County Commercial Division issued a post-trial de… Read More
November 14, 2016 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
November 13, 2016 Discovery Sanction Precluding Party From Offering Testimony or Evidence at Trial Upheld
On November 2, 2016, the Second Department issued a decision in Hasan v. 18-24 Luquer St. Realty, LL… Read More
November 12, 2016 Inability to Read English Does Not, Without More, Excuse Failure to Understand Contract
On November 2, 2016, the Second Department issued a decision in Nerey v. Greenpoint Mortgage Funding… Read More
November 11, 2016 Signer of Contract on Behalf of Later-Dissolved Corporation Not Liable on Contract
On October 26, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 10, 2016 CDO Fraud Claim Upheld; Disclaimers Did Not Shield Defendant from Liability
On November 3, 2016, the First Department issued a decision in Aozora Bank, Ltd. v. J.P. Morgan Secu… Read More
November 9, 2016 Arbitral Award Vacated for Failure to Disclose Witness's Criminal Plea Agreement
On October 21, 2016, Justice Ramos of the New York County Commercial Division issued a decision in P… Read More
November 8, 2016 No Cause of Action for Accounting Where Demand for Accounting Not Made and Refused
On November 1, 2016, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2016 N… Read More
November 8, 2016 Legal Malpractice Claims Arising in Oregon Untimely Under New York Borrowing Statute
On October 21, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 7, 2016 Argument of Interest in the Court of Appeals in November
On Monday, November 14, 2016 at 2 p.m., the Court of Appeals will hear argument in the following cas… Read More
November 7, 2016 When Party Requires that Information it Sells Be Kept Confidential, Information Still Protected
On October 25, 2016, the First Department issued a decision in BitSight Technologies, Inc. v. Securi… Read More
November 6, 2016 Dispute Covered by Arbitration Agreement Subject to Arbitration Regardless of Relief Sought
On October 26, 2016, the Second Department issued a decision in Sutphin Retail One, LLC v. Sutphin A… Read More
November 5, 2016 Court Upholds Liquidated Damages Clause
On October 26, 2016, the Second Department issued a decision in Markham Gardens, L.P. v. 511 9th, LL… Read More
November 4, 2016 Dismissal of Subsequent New York Action Under First-in-Time Rule Proper
On October 26, 2016, the Second Department issued a decision in Seneca Specialty Insurance Co. v. T.… Read More
November 3, 2016 Action Should Have Been Dismissed Under First-to-File Rule
On October 27, 2016, the First Department issued a decision in Wachtell, Lipton, Rosen & Katz v. CVR… Read More
November 2, 2016 Texas Accountant-Client Privilege Does Not Cover Response to NY AG Subpoena
On October 26, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 1, 2016 Additional Insured Endorsement Only Covered Parties That General Contractor Was Required By Written Contract to Name As Additional Insureds
On October 6, 2016, the First Department issued a decision in Three Boroughs, LLC v. Endurance Ameri… Read More
November 1, 2016 Managing Member of LLC Has Fiduciary Duty to Both LLC and Other Members
On October 11, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
October 31, 2016 Acquisition of Notes Champertous; Purchaser Lacks Standing to Assert Claims
On October 27, 2016, the Court of Appeals issued a decision in Justinian Capital SPC v. WestLB AG, 2… Read More
October 31, 2016 In Pari Delicto Defense Can Be Asserted Against Bankruptcy Trustee
On October 18, 2016, the First Department issued a decision in New Greenwich Litigation Trustee, LLC… Read More
October 30, 2016 Defendant's RMBS Breach Analyses Not Protected Work Product
On October 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 29, 2016 Family Relationship of Majority of Managers Does Not Excuse Demand in Derivative Suit
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 28, 2016 Attorney Properly Disqualified Under Attorney-Witness Rule
On October 19, 2016, the Second Department issued a decision in Bajohr v. Berg, 2016 NY Slip Op. 067… Read More
October 27, 2016 Argument Barred by Judicial Estoppel
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 26, 2016 Claim That Invoices Were Disputed Orally Defeats Summary Judgment on Account Stated Claim
On October 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in B… Read More
October 25, 2016 Decision to Disqualify Counsel in Arbitration is for Court, Not Arbitrator
On October 14, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 24, 2016 Allegations of Deceit or Wrongdoing Necessary for Veil Piercing Claim
On October 20, 2016, the First Department issued a decision in Pensmore Investments, LLC. v Gruppo, … Read More
October 23, 2016 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
October 21, 2016 Party That Frustrates Performance of Condition Cannot Claim Breach Based on Non-Performance
On October 4, 2016, Justice Oing of the New York County Commercial Division issued a decision in Nes… Read More
October 20, 2016 Stipulated Facts at Trial Not Actually Litigated And So Have No Collateral Estoppel Effect
On October 12, 2016, the Second Department issued a decision in Douglas Elliman, LLC v. Silver, 2016… Read More
October 19, 2016 Shareholders Had Common-Law Right to Inspect Books and Records of Corporate Subsidiary
On October 11, 2016, the First Department issued a decision in Matter of Pokoik v. 575 Realties, Inc… Read More
October 18, 2016 Return of Files One Day Later Than Called for in Settlement Agreement Not Material Breach
On October 11, 2016, the First Department issued a decision in Madison Ave. Diamonds LLC v. KGK Jewe… Read More
October 17, 2016 Broad Choice-of-Law Provision Does Not Preclude Application of Borrowing Statute (CPLR 202)
On October 11, 2016, the First Department issued a decision in 2138747 Ontario, Inc. v. Samsung C&T … Read More
October 16, 2016 Plaintiff Bound by Arbitration in Partnership Agreement Even Though He Had Not Signed Agreement
On October 11, 2016, the First Department issued a decision in Gibbs v. Holland & Knight, LLP, 2016 … Read More
October 15, 2016 Breach of Contract Claim Accrues Anew for Each Breach of a Recurring Duty to Pay
On October 4, 2016, the First Department issued a decision in Lebedev v. Blavatnik, 2016 NY Slip Op.… Read More
October 14, 2016 Tortious Interference Claims Dismissed; No Wrongful or Unjustified Conduct
On September 30, 2016, Justice Bransten of the New York County Commercial Division issued a decision… Read More
October 13, 2016 Court Orders Joinder of Prior Tenant as Necessary Party
On October 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Al… Read More
October 12, 2016 Court Properly Enjoined Litigation in Venue Other Than That Provided in Forum Selection Clause
On October 4, 2016, the First Department issued a decision in Madden International, Ltd. v. Lew Foot… Read More
October 11, 2016 Demand Futility Allegations in Amended Complaint Judged Based on Facts at Time of Amendment
On October 4, 2016, the First Department issued a decision in Korsinsky v. Winkelreid, 2016 NY Slip … Read More
October 10, 2016 Insured Not Entitled To Recover Attorneys’ Fees in Coverage Action
On September 30, 2016, the Fourth Department issued a decision in Zelasko Constr., Inc. v. Merchants… Read More
October 9, 2016 Arguments of Interest in the Court of Appeals in October
Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include: Flo &… Read More
October 8, 2016 Transcripts and Videos of Arguments in the Court of Appeals for September 2016 Now Available
On August 25, 2016, we noted two cases of interest from the oral arguments before the Court of Appea… Read More
October 7, 2016 No Contract Claim Where Plaintiff Did Not Give Required Notice and Opportunity to Cure
On September 27, 2016, the First Department issued a decision in Safka Holdings, LLC v. 220 W. 57th … Read More
October 6, 2016 Antitrust Violation Defense to Contract Claim Only if Contract Memorializes the Violation
On September 20, 2016, Justice Oing of the New York County Commercial Division issued a decision in … Read More
October 5, 2016 Non-Party Did Not Waive Common Interest Privilege
On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfie… Read More</