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 »
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Commercial Division Blog
Posts Categorized: Commercial
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 »
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 in Akhtar v. JPMorgan Chase & Co., 2019 NY Slip Op. 32646(U), holding that a bank holding company was not liable for the acts of its banking subsidiary, explaining: There is no dispute that JP Morgan Chase is a... Read more »
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 »
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, 2019 NY Slip Op. 06453, holding that placing funds in an escrow account did not stop accrual of post-judgment interest, explaining: Defendants’ deposit of full payment on the judgments entered against it to a court monitored... Read more »
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 »
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 »
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 »
Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual practices.
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 »