On November 13, 2019 , Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the New York City Bar on Practicing in NYS Supreme Court. This is the first evening of a two-evening presentation. This evening’s panelists will be Charles A. Small, the Chief Clerk for Civil Matters for the Kings... Read more »
Blogs
Commercial Division Blog
Posts Categorized: Commercial
Allegations Fail to Establish that Plaintiff Was Third-Party Beneficiary of Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Marshall Broadcasting Group, Inc. v. Nexstar Broadcasting, Inc., 2019 NY Slip Op. 33240(U), holding that a plaintiff’s allegations failed to establish that the plaintiff was a third-party beneficiary of a contract, explaining: Nexstar asserts the second count for... Read more »
Contract Claim Barred by Voluntary Payment Doctrine
On October 30, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Brooklyn Navy Yard Dev. Corp. v. TDX Constr. Corp., 2019 NY Slip Op. 33231(U), holding that a claim was barred by the voluntary payment docrtine, explaining: The voluntary payment doctrine bars recovery of payments voluntarily made with full... Read more »
Plaintiff Cannot Sue for both Rescission and Damages for Breach of Contract
On October 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Bryan v. Slothower, 2019 NY Slip Op. 33200(U), holding that a plaintiff cannot sue both for rescission and damages for breach of contract, explaining: In the original complaint, Bryan asserted a claim for breach of contract, seeking to... Read more »
Constructive Trust Upheld
On October 30, 2019, the Second Department issued a decision in Galasso, Langione & Botter, LLP v. Galasso, 2019 NY Slip Op. 07769, upholding the imposition of a constructive trust, explaining: We agree with the Supreme Court’s determination to grant that branch of the Barons’ motion which was for summary judgment on the eighth cause... Read more »
Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Wells Fargo Bank, N.A. v. Andalex Aviation II, LLC, 2019 NY Slip Op. 33165(U), finding that a plaintiff had met the high burden for the appointment of a receiver, explaining: Finally, the Plaintiff seeks to appoint an independent... Read more »
Upcoming Arguments in the Court of Appeals in November 2019
Upcoming argument in the Court of Appeals in November 2019 that may be of interest to commercial litigators: Centi v. McGillin, APL-2018-00114 (to be argued Wednesday, November 20) (“Contracts—Illegal Contracts—Dispute over money accumulated from illegal bookmaking business—whether loan agreement involving funds is enforceable.”) Click here to subscribe to this or another of Schlam Stone &... Read more »
Claims Barred by Release
On October 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Avnet, Inc. v. Deloitte Consulting LLP, 2019 NY Slip Op. 33026(U), holding that a claim was barred by a release, explaining: It is well established that a valid release constitutes a complete bar to an action on a... Read more »
At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative
On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Shandong Yuyuan Logistics Co., Ltd. v. Soleil Chartered Bank, 2019 NY Slip Op. 33033(U), holding that at the complaint stage, a plaintiff can plead both contract and quasi-contract claims, explaining: To prevail on a cause of action for... Read more »
CPLR 205 Relation Back Applies to Federal Claim Transferred to New York
On October 17, 2019, the First Department issued a decision in Federal Home Loan Bank of Boston v. Moody’s Corp., 2019 NY Slip Op. 07491, holding the CPLR 205 relation back applies to federal claims transferred to New York federal court, explaining: CPLR 205(a) applies to prior actions commenced in a federal court within this... Read more »