Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP

Posts Categorized: Commercial

Posted: May 26, 2019

Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission

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 »

Posted: May 23, 2019

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 »

Posted: May 22, 2019

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 »

Posted: May 21, 2019

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 »

Posted: May 19, 2019

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 »

Posted: May 18, 2019

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 »

Posted: May 17, 2019

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 »

Posted: May 16, 2019

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 »