On July 28, 2021, the Second Department issued a decision in Stuart’s LLC v. Edelman, 2021 N.Y. Slip Op. 04569, holding that the trial court erred in holding the defendant liable for tortious interference with business relations when the evidence at trial showed that the defendant’s conduct was motivated by self interest, explaining: “To prevail on... Read more »
Blogs
Commercial Division Blog
Posts Categorized: Commercial
No-Action Provisions Did Not Mandate Dismissal Of Plaintiffs’ Claims
On August 16, 2021, Justice Joel M. Cohen issued a decision in Audax Credit Opportunities Offshore Ltd. v TMK Hawk Parent, Corp., 2021 NY Slip Op 50794(U), holding that No-Action provisions did not mandate dismissal of Plaintiffs’ claims. The Court concluded: [N]o-action clauses typically are “not unenforceable as violative of public policy, given [their] salutary... Read more »
Guaranties For Payment And Performance Are Not Instruments For Payment Of Money Only And Therefore Do Not Provide A Basis For Summary Judgment In Lieu of Complaint Under CPLR § 3213
On September 3, 2021, in Bank of America, N.A. v. Filho et al., N.Y. Sup. Ct. Index No. 654603/2019, Justice Andrea Masley issued a Decision and Order granting the motion of certain defendants (“Guarantors”) to reargue and renew pursuant to CPLR 2221 and, upon reargument and renewal, denying Plaintiff’s motion for summary judgment in lieu... Read more »
Courts Will Not Imply a Contract When There Is an Express Written Agreement
On August 24, 2021, Justice Ostrager of the New York Commercial Division issued a decision in Tri-City ValleyCats, Inc. v. Houston Astros, Inc., 2021 NY Slip Op 50802(U), holding that while “New York law recognizes the concept of a binding agreement implied from the parties’ words and conduct”, none will be “implied in fact where... Read more »
RPAPL Broad Standing Rules Inapplicable Where Claim Really About Ownership of LLC
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip Op 04789, affirming dismissal of a counterclaim for lack of standing holding that counterclaim plaintiffs mischaracterize their claim as one for a declaration to quiet title when it really involves ownership of a Delaware LLC, explaining:... Read more »
Labor Law § 240 Imposes Absolute Liability Where a Violation of the Statute is a Proximate Cause of the Injury
On August 26, 2021, the Fourth Department issued a decision in Miller v. Rerob, LLC, 2021 NY Slip Op 04864, holding that New York Labor Law § 240 imposes absolute liability on a contractor or owner where a violation of the statute is the proximate cause of an accident, explaining: It is well settled that... Read more »
Worker Injured While Replacing Fan in Building that Required Replacement “All the Time” Cannot Sue Under Labor Law § 240(1)
On July 28, 2021, the Second Department issued a decision in Stockton v. H&E Biffer Enters. No. 2, LLC, 2021 NY Slip Op 04568, affirming dismissal of a personal injury claim under Labor Law § 240(1) on summary judgment holding that an employee injured while preforming “routine maintenance” could not state a cause of action,... Read more »
A Party’s Motion to Intervene Pursuant to C.P.L.R. 1012 Must Be Timely
On August 4, 2021, the Second Department issued a decision in 1077 Madison St., LLC v. Dickerson, 2021 NY Slip Op 04591, holding that a party seeking to intervene in a pending lawsuit pursuant to C.P.L.R. 1012(a)(3) must be timely and not delay resolution of the case or prejudice any party, explaining: Pursuant to CPLR... Read more »
Co-Op Owner Required to Pay Use and Occupancy For Maintenance Pendente Lite
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 2021 NY Slip Op 04676, holding that a co-op owner was required to pay past and prospective use and occupancy for his maintenance pendente lite, and that this obligation arose not from an underlying contract between landlord and... Read more »
Owners of Residential Units in Luxury Condominium Were Third-Party Beneficiaries of Clause in Ground Lease Concerning Quality of Hotel To Be Operated on Lower Floors of Building
On August 5, 2021, the First Department issued a decision in Residential Board of Millennium Point v. Condominium Board of Millennium Point, 2021 NY Slip Op 04649, holding that owners of residential units in a condominium were intended third-party beneficiaries of a ground lease between Hugh L. Carey Battery Park City Authority as landlord and... Read more »