On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 04042, holding that the Statute of Frauds did not bar a claim based on an alleged oral contract for a real estate commission, explaining: The complaint alleges that plaintiff Eran Elhanani, a real estate broker, and defendant... Read more »
Blogs
Commercial Division Blog
Posts Categorized: Commercial
Court Excuses Late Filing of Affidavit of Service
On May 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Furuya v. Parry, 2019 NY Slip Op. 31354(U), excusing the late filing of an affidavit of service, explaining: CPLR 306-b provides that a plaintiff must serve the summons and complaint within 120 days after commencement of an action. An... Read more »
Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Steadfast Ins. Co. v Allan Briteway Elec. Contr., Inc., 2019 NY Slip Op. 31363(U), holding that a plaintiff had adequately alleged a negligent misrepresentation claim, explaining: Here, ABE states classic negligent misrepresentation in a project to construct a building.... Read more »
Being Listed on the NYSE Insufficient to Confer Personal Jurisdiction
On May 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Poms v. Dominion Diamond Corp., 2019 NY Slip Op. 31364(U), holding that being listed on the New York Stock Exchange is insufficient to create personal jurisdiction in New York, explaining: Under CPLR 302(a)(l), jurisdiction may only be exercised over... Read more »
Court Rejects Economic Duress Claim
On May 6, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kaye v. Levine Prospect, LLC, 2019 NY Slip Op. 31299(U), rejecting a economic duress defense, explaining: A contract is voidable on the ground of duress when it is established that the party making the claim was forced to agree... Read more »
Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 514 W. 24th Owner LLC v. Pryor, 2019 NY Slip Op. 31300(U), holding that a property owner cannot base a claim on the Lien Law, explaining: Article 3-A of the Lien Law establishes a comprehensive series of trusts to... Read more »
Based on FINRA Rules, Court Declines to Order Class Action Arbitration
On May 15, 2019, the Second Department issued a decision in Rutella v. National Sec. Corp., 2019 NY Slip Op. 03833, reversing an order requiring class arbitration based on FINRA rules, explaining: The plaintiff . . . commenced this putative class action to recover damages for violations of Labor Law articles 6 and 19 on... Read more »
Party Asserting Lack of Service as an Affirmative Defense Must Move for Judgment on that Defense Within 60 Days of Answering
On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op. 03648, holding that a party asserting lack of service as an affirmative defense must move for judgment on that defense within 60 days of answering, explaining: An objection that the summons and complaint was not properly... Read more »
Where Company Lacked a Principal Place of Business in Any One State, its Residence For Purposes of the Borrowing Statute Was Its State of Incorporation
On May 9, 2019, the First Department issued a decision in Interventure 77 Hudson LLC v. Falcon Real Estate Inv. Co., LP, 2019 NY Slip Op. 03670, holding that where a company lacked a principal place of business in any one state, its residence for purposes of the borrowing statute was its state of incorporation, explaining:... Read more »
Court Appoints Receiver to Perform Long-Delayed Winding Up
On April 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Tufenkian v. Tirakian, 2019 NY Slip Op. 31052(U), appointing a receiver to perform a long-delayed winding-up, explaining: CPLR 6401(a) also authorizes the appointment of a temporary receiver as a provisional remedy when property that is the subject of litigation... Read more »