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

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August 24, 2022 Arbitration Permanently Stayed Given Dispute Over Authenticity of Agreement Containing Arbitration Clause
On August 18, 2022, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision in SMI Central Park Tower LLC v. Genesis Central Park Tower, LLC, Index No. 655036/2021, granting an Article 75 petition to permanently stay arbitration when there was a genuine dispute concerning whether the alleged agreement including the arbitration clause was authentic, explaining: Read More
February 7, 2022 Expert May Not Opine on Party's Intent
On January 20, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Line Design LLC v. Pro Design, Inc., 2022 N.Y. Slip Op. 30214(U), striking portions of an expert's report that purported to opine on a party's intent but refusing to strike other portions that were challenged on the ground that the expert conducted an inadequate investigation, explaining: 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 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
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
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
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
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 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
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
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 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 12, 2015 Judgment Debtor Bound By Information on Original Tax Returns, Not Later-Amended Returns
On August 31, 2015, Justice Singh of the New York County Commercial Division issued a decision in Ma… Read More
February 8, 2015 CEO Should Have Been Allowed to Testify Regarding Damages
On February 3, 2015, the First Department issued a decision in Wathne Imports, Ltd. v. PLR USA, Inc.… Read More
November 18, 2014 Testimony Regarding Documents Precluded by Best Evidence Rule
On November 13, 2014, the First Department issued a decision in Shanmugam v. SCI Engineering, P.C., … Read More
October 26, 2014 Court Uses Doctrine of Falsus in Uno, Falsus in Omnibus to Find Whole of Witness's Testimony Not Credible
On October 2, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
May 5, 2014 Evidence Inadmissible Under Dead Man's Statute Admissible In Opposition to Summary Judgment
On March 31, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Peck… Read More