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: 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. MissionPoint Capital Partners LLC, 2021 NY Slip Op. 01938, affirming the exclusion of expert reports and a damages theory because the defendant had not been put on notice of them or the evidence upon which they were based until... Read more »

Posted: 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 Impact Car Park, LLC v. Mutual Redevelopment Houses, Inc., 2021 NY Slip Op. 30950(U), holding a non-party in contempt for failing to produce documents in response to a subpoena, explaining: EELD’s conduct in failing to comply with the... Read more »

Posted: 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 Slip Op. 01853, holding that to be liable for a fraudulent transfer, a defendant must have been a transferee or otherwise benefitted from the transfer, explaining: The amended complaint is defective because it merely alleges that the... Read more »

Posted: 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 Slip Op. 01733, holding that the single motion rule bars reassertion of arguments in a motion to dismiss an amended complaint that were made and lost in an earlier motion to dismiss, explaining: Preliminarily, plaintiff argues that both... Read more »

Posted: 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 125 Holdings LLC v. VS 125 LLC, 2021 NY Slip Op. 30924(U), dismissing an affirmative defense that sought to preserve the right later to assert additional defenses, explaining: The ninth affirmative defense, which asserts the right to... Read more »

Posted: 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 Wilkins Media, LLC v. Oxigen Beverages, Inc., 2021 NY Slip Op. 30847(U), granting summary judgment in lieu of complaint based on a settlement agreement, explaining: Pursuant to CPLR § 3213, a motion for summary judgment in lieu of... Read more »

Posted: 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 Kalemba v. Oanda Corp., 2021 NY Slip Op. 30707(U), denying class certification because class issues did not predominate over individual ones, explaining: To satisfy the second prerequisite to certification Plaintiff must show that there are questions of law... Read more »