On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in 2 Girls Accys LLC v. Larrea, 2020 NY Slip Op. 33005(U), dismissing breach of contract claims for failure to allege damages, explaining: In the 13th and 14th causes of action, plaintiffs allege contractual violation by Mehjeez. These claims... Read more »
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Commercial Division Blog
Posts Categorized: Commercial
Transcripts and Videos of Arguments in the Court of Appeals for September 2020 Now Available
On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in April 2020 that, because of the COVID-19 pandemic, finally were argued in September 2019: Chavez v. Occidental Chemical Corporation, CTQ-2019-3 (argued on Wednesday, September 9, 2020) (“Actions—Class Actions—Whether New York law recognizes cross-jurisdictional class action tolling.”).... Read more »
Party’s Failure to Respond to Motion to Admit Excused When Questions Went to Disputed Issues
On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Sandler v. Independent Living Aids LLC, 2020 NY Slip Op. 32879(U), excusing a party’s failure to respond to a notice to admit when the questions went to disputed issues, explaining: As a preliminary matter, the parties dispute whether... Read more »
Consent to Jurisdiction In New York State Does Not Mean Consent to Venue in Any County in the State
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Frequency Elecs., Inc. v Bloch, 2020 NY Slip Op. 51036(U), holding that consent to jurisdiction in New York state does not mean consent to venue in any county in New York state, explaining: CPLR §7502(a) governs venue of... Read more »
Court Gives Defendant Opportunity to Cure Default
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Zexin (HK) Leather Co., Ltd. v. Accessories Direct, Intl. USA, Inc., 2020 NY Slip Op. 32895(U), granting a defendant the opportunity to cure its default, explaining: To establish entitlement to default judgment under CPLR § 3215, a plaintiff... Read more »
Breach of Contract and Fraud Claims Cannot Co-Exist if They Are Based on the Same Underlying Facts
On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud claim is duplicative of a contract claim warranting dismissal under CPLR 3211. In 5 E. 59th Realty Holding Co., LLC v. Leahey, 2020 NY Slip Op. 32751(U), Justice Masley confirmed longstanding New York precedent that a fraud claim and a... Read more »
Motion to Amend Granted; Delay and Additional Potential Liability Not Sufficient Grounds for Denial
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New York Univ. v. Turner Constr. Co., 2020 NY Slip Op. 51030(U), holding that the need to conduct additional discovery or additional liability were not prejudice for purposes of a motion to amend, explaining: [T]urning to prejudice, although... Read more »
Court Analyzes Application of Equitable Estoppel to Statute of Limitations
On August 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in First Equity Realty v. Harmony Group, II, 2020 NY Slip Op. 50973(U), analyzing the application of the doctrine of equitable estoppel to the statute of limitations, explaining: The statute of limitations on a breach of contract claim is... Read more »
A Party’s Death Stays an Action Until a Replacement Substitutes In
On August 14, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Atilgan v. Azuz, 2020 NY Slip Op. 32734(U), holding that a party’s death stays an action until a replacement substitutes in, explaining: The death of a party divests the court of jurisdiction and stays the proceedings until a proper... Read more »
Fraud Claim Dismissed as Duplicative of Contract Claim
On August 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 5 E. 59th Realty Holding Co., LLC v. Leahey, 2020 NY Slip Op. 32751(U), dismissing a fraud claim as duplicative of a contract claim, explaining: Plaintiff’s fraud claim must be dismissed as duplicative of the contract claim against... Read more »