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

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April 20, 2022 Failure to Commence Lien-Foreclosure Action Within One Year of its Filing Did Not Preclude Recovery Written by: Jeffrey M. Eilender, Christopher R. Dyess, Samuel L. Butt, Joshua Wurtzel, Hillary S. Zilz
On January 10, 2022, Justice Elizabeth H. Emerson of the Suffolk County Commercial Decision issued a decision in American Universal Supply Inc. v Gibson Air Mech. Inc., 2022 NY Slip Op 50018(U), holding that plaintiff's failure to commence an action to foreclose its mechanic's lien did not preclude it from seeking recovery on the bond substituted therefor and that plaintiff properly and timely asserted its claim to recover on the bond. Denying defendant insurers’ motion to dismiss. Read More
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
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
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
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
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
November 6, 2015 Dismissal Based on In Pari Delicto Doctrine Upheld
On October 28, 2015, the Second Department issued a decision in CRC Litigation Trust v. Marcum, LLP,… Read More
October 18, 2015 If Equitable Relief is Contractual Sole Remedy, Damages Awardable if Equitable Relief Impossible
On October 13, 2015, the First Department issued a decision in Nomura Home Equity Loan, Inc., Series… Read More
December 26, 2014 In Pari Delicto Doctrine Limited When Agent Defrauded its Principal
On December 17, 2014, the Second Department issued a decision in Schwartz v. Leaf, Salzman, Manganel… Read More