Blogs

Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP

Posts Categorized: Commercial

Posted: 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 HH Trinity Apex Invs. LLC v. Hendrickson Props. LLC, 2019 NY Slip Op. 32623(U), holding that GOL 5-1402 barred a forum non conveniens motion, explaining: When the court finds that in the interest of substantial justice the action... Read more »

Posted: 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 Pizzarotti, LLC v. FPG Maiden Lane, LLC, 2019 NY Slip Op. 32645(U), holding that an initial consultation with a law firm was insufficient to justify that firm’s later disqualification on conflict grounds, explaining: To be represented by counsel... Read more »

Posted: 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. First, is a proposed amendment to Commercial Division Rule 1 to facilitate remote video appearances by counsel. E-mail comments on this proposal to rulecomments@nycourts.gov by September 30, 2019. Second, is a proposed amendment to Commercial Division Rule 6 to require... Read more »

Posted: 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 Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2019 NY Slip Op. 32566(U), denying a motion for summary judgment in lieu of complaint because the contract upon which the motion was based included more obligations than the... Read more »

Posted: 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 Bank N.A. v N. Blvd. 4818, LLC, 2019 NY Slip Op. 32572(U), granting a Yellowstone injunction staying the termination of a commercial lease, explaining: A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted... Read more »

Posted: 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 Monarch Towers 1, LLC v. Hirakis, 2019 NY Slip Op. 32576(U), granting a mandatory injunction requiring a defendant to sign an appication to the City Department of Buildings, explaining: In order to obtain a preliminary injunction, plaintiff SBA... Read more »

Posted: 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 Cohen v. Trump Org. LLC, 2019 NY Slip Op. 32565(U), holding that an employer’s alleged oral agreement to pay legal fees was barred by the statute of frauds to the extent it related to future litigation, explaining: The... Read more »