On June 24, 2020, Joseph Risi of the Queens County Commercial Division issued a decision in Chinun LLC v. UNO A Brokerage Inc., 2020 NY Slip Op. 32476(U), holding that an impleader claim was not limited to a claim for indemnification related to the first-party claims, explaining: The plaintiff argues that impleader is available only... Read more »
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Commercial Division Blog
Posts Categorized: Commercial
Court Refuse to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel’s Engagement
On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v. Chowdhury, 2020 NY Slip Op. 32491(U), refusing to dismiss a legal malpractice action because there were questions of fact regarding whether counsel had been engaged by the plaintiff, explaining: [T]he court concludes that the allegations of the... Read more »
Statute of Frauds Does Not Bar Claim Based on Alleged Oral Partnership Agreement
On July 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Babani v. Royal Chain, Inc., 2020 NY Slip Op. 32468(U), holding that the statute of frauds does not bar a claim based on an alleged oral partnership agreement, explaining: Pursuant to General Obligations Law § 5-701(a)(1), an agreement... Read more »
Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in United Staffing Solutions, Inc. v. Humanedge, Inc., 2020 NY Slip Op. 32404(U), holding that at-will employees do not have a fiduciary duty to their employer, explaining: A fiduciary relationship arises between two persons when one of them is... Read more »
Claim Timely Under Borrowing Statute
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32405(U), holding that a claim was timely under New York’s borrowing statute, explaining: Mr. Vitale argues that the Complaint should be dismissed pursuant to New York’s borrowing statute because the... Read more »
Injunction Denied Because Alleged Harm Could be Remedied by an Award of Money Damages
On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Somera Rd. – 1100 Main St., LLC v. TPG RE Fin. 1, Ltd., 2020 NY Slip Op. 32374(U), denying an injunction because the alleged harm could be remedied by money damages, explaining: Next, plaintiff has not established irreparable... Read more »
Plaintiff Was Not Entitled to RPL § 291’s Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY Slip Op. 04285, holding that a plaintiff was not entitled to RPL 291’s good faith purchaser for value protections because it was aware of the unrecorded interest, explaining: We also reject the SS defendants’ contention that... Read more »
Court Allows Reverse Veil-Piercing Claims to Go Forward
On July 16, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Ezra v. Wilton Group, Inc., 2020 NY Slip Op. 32351(U), allowing reverse veil-piercing claims to go forward, explaining: In opposition, defendants first argue that, because most of the defendants are Delaware entities, New York’s choice of law dictates... Read more »
Accounting Claim Dismissed for Failure Adequately to Allege a Fiduciary Relationship
On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Karen’s Shipping, LLC v. West Side Foods, Inc., 2020 NY Slip Op. 32347(U), dismissing an accounting claim for failure adequately to allege a fiduciary relationship, explaining: To demonstrate entitlement to equitable accounting, a plaintiff must establish (i) the... Read more »
Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant’s Claim That He Did Not Live There
On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32355(U), holding that service on a doorman at the address shown in the defendant’s DMV records was sufficient service despite the defendant’s claim that he did not live there, explaining:... Read more »