Commercial Division Blog

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

Posts Categorized: Commercial

Posted: July 9, 2020

Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected

On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF Inc. v. Andron Constr. Corp., 2020 NY Slip Op. 31980(U), rejecting a cross-motion for summary judgment made after the statutory deadline for filing, explaining: [T]he branch of the cross motion for summary judgment dismissing the seventh cause of... Read more »

Posted: July 7, 2020

Tortious Interference with Prospective Business Relations Claim Fails for Lack of Evidence of Wrongful Means or Malice

On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY Slip Op. 03637, holding that the plaintiff’s tortious interference with prospective business relations claim failed for lack of evidence of wrongful means or malice, explaining: [W]e agree with the Supreme Court’s determination that the Silvio defendants were... Read more »

Posted: July 7, 2020

Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable

On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regarding whether personal tax returns were discoverable. In Safir v Charm City House, LLC, 2020 NY Slip Op. 31619(U), Justice Knipel confirmed longstanding New York precedent that a party’s tax returns are not discoverable absent a showing that they are... Read more »

Posted: July 3, 2020

Specific Representations and Warranties Control Over General “As Is” Clause

On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Valero Refining-Meraux LLC v Murphy Oil Corp., 2020 NY Slip Op. 31835(U), holding that specific representations and warranties control over a general “as is” clause, explaining: As a threshold matter, the court rejects defendant’s contention that the action... Read more »

Posted: July 2, 2020

Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service

On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Patel v. Patel, 2020 NY Slip Op. 31864(U), rejecting the argument that mental illness rendered a person not of suitable discretion to receive service, explaining: Defendant contends that the Court lacks personal jurisdiction over Defendant because the individual... Read more »