Blogs

Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts

Posts Categorized: Commercial

Posted: August 20, 2018

Claims Barred by Contract’s One-Year Limitations Period to Make Claims

On August 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in MWW Group Holding Co., LLC v. Marcum LLP, 2018 NY Slip Op. 31921(U), holding the claims were time-barred under a contract’s one-year limitations period to assert claims, explaining: The one-year statute of limitations clause in the engagement agreement… Read more »

Posted: August 16, 2018

Court Sanctions Litigant for Frivolous Litigation, Including Awarding Attorneys’ Fees for Defending Frivolous Claims

On August 1, 2018, Justice Ramos of the New York County Commercial Division issued a decision in Citigroup Global Markets, Inc. v. Fiorilla, 2018 NY Slip Op. 31919(U), sanctioning a litigant for frivolous litigation, including awarding attorneys’ fees for defending against the frivolous claims, explaining: Uniform Rule 130-1.1 vests this Court with discretion to award… Read more »

Posted: August 15, 2018

Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute

On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Red Zone LLC v. Cadwalader, Wickersham & Taft LLP, 2018 NY Slip Op. 31888(U), precluding a defendant from presenting an expert witness in a legal malpractice action on the ground that it was unnecessary given the issues in… Read more »

Posted: August 14, 2018

Opportunity to Comment on Proposed Changes to Commercial Division Rules

The Office of Court Administration has asked for public comment on a proposed change to the Commercial Division rules relating to the selection of mediators. The new rule would add the following sentence to Commercial Division Rule 3: “Counsel are encouraged to work together to select a mediator that is mutually acceptable, and may wish… Read more »

Posted: August 13, 2018

Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding

On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Matter of Wells Fargo Bank, N.A., 2018 NY Slip Op. 31883(U), holding that beneficiaries of trusts that held interests in trusts that were the subject of an Article 77 proceeding did not have standing to appear in the… Read more »

Posted: August 12, 2018

Fraud Claim Dismissed as Duplicative of Contract Claim: No Separate Damages Alleged

On August 6, 2018, Justice Masley of the New York County Commercial Division issued a decision in TJ PRP LLC v. Rag & Bone Holdings LLC, 2018 NY Slip Op. 31880(U), dismissing a fraud claim as duplicative of a contract claim, explaining: A fraud claim that arises from the same facts as an accompanying contract… Read more »

Posted: August 11, 2018

Court Reviews Law Governing Contract Interpretation on Summary Judgment

On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Cast Iron Co., LLC v. Cast Iron Corp., 2018 NY Slip Op. 31881(U), discussing contract interpretation on a summary judgment motion: Contracts are construed in accord with the parties’ intent, the best evidence of which is the language… Read more »