On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Slice Bus. Mktg., Inc. v. Kipp, 2020 NY Slip Op. 33361(U), holding that a tortious interference claim failed without allegations of wrongful means, explaining: The elements of interference with contract are the existence of a valid contract, defendant’s... Read more »
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Commercial Division Blog
Posts Categorized: Commercial
CLE on New Commercial Division Hyperlinking Rules and Other Recent Rule Changes
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the presenters at a CLE for the New York City Bar entitled Hyperlinking and Other Recent Commercial Division Developments.
Letter of Credit Not 3213 instrument for the Payment of Money Only
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Castleton Commodities Merchant Trading, L.P. v. Soleil Chartered Bank, 2020 NY Slip Op. 33290(U), holding that a letter of credit was not an instrument for the payment of money only for purposes of CPLR 3213, explaining: The final... Read more »
Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip Op. 05196, addressing whether a provision in a contract granting a prevailing party in litigation double its attorneys’ fees was valid. In overturning the trial court’s ruling that such a provision was an unenforceable penalty, the Court confirmed... Read more »
COVID-19 Pandemic No Excuse for Failing to Respond to Motion
On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Express Trade Capital, Inc. v. Horowitz, 2020 NY Slip Op. 33223(U), holding that the COVID-19 pandemic was not an excuse for failing to respond to a motion, explaining: Defendants also appear to assert that they have an excuse... Read more »
Court Should Not Have Vacated Default Judgment When Loan Servicer’s Excuse Was “Confusion Regarding the Multiple Cases Filed in Multiple Counties”
On October 14, 2020, the Second Department issued a decision in Insiders Success Ventures, LLC v. Onewest Bank, FSB, 2020 NY Slip Op. 05728, holding that the Supreme Court should not have vacated a default judgment when a loan servicer’s excuse was “confusion regarding the multiple cases filed in multiple counties,” explaining: Generally, a defendant... Read more »
Company’s Counterclaims Against Minority Members and Former Executives Dismissed
On October 13, 2020, Justice Vito M. DeStefano of the Commercial Division of the Supreme Court of the State of New York, Nassau County, issued a decision in Stanco and Toomey v. Rallye Motors Holding, LLC, Index No. 612155/2017, dismissing almost all of the counterclaims asserted by the defendant, a holding company for several automobile... Read more »
Court Rejects Allegation That Venue was Proper When Alleged Fraud Took Place Elsewhere
On October 9, 2020, the Fourth Department issued a decision in Harvard Steel Sales, LLC v. Bain, 2020 NY Slip Op. 05635, holding venue in a fraud case was not proper in Eire County when no party resided in Erie County and the alleged fraudulent statements were not made in Erie County, explaining: The decision... Read more »
Statute of Frauds Does Not Bar Quantum Meruit Claims
On October 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Karen’s Shipping, LLC v. West Side Foods, Inc., 2020 NY Slip Op. 33268(U), holding that the statute of frauds does not bar quantum meruit claims, explaining: The court neither overlooked nor misapprehended the relevant facts or law. As... Read more »
Partial Payments Renewed Statute of Limitations
On October 7, 2020, the Second Department issued a decision in HSBC Bank USA, N.A. v. Macaulay, 2020 NY Slip Op. 05493, holding that partial payments renewed the statute of limitations, explaining: We agree with the Supreme Court’s determination that the 14 partial payments on the mortgage that Sobo made over the course of approximately... Read more »