On March 31, 2020, the Court of Appeals issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C., 2020 NY Slip Op. 02125, holding that Judiciary Law 487 does not cover non-meritorious legal arguments, explaining: Under Judiciary Law § 487(1), an attorney who is guilty of any deceit or collusion, or consents to... Read more »
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Commercial Division Blog
Posts Categorized: Commercial
Court Upholds Claim Seeking Constructive Trust
On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. 02179, upholding a claim seeking a constructive trust, explaining: The court erred in dismissing the derivative claim for a constructive trust against Harounian and the Harounian LLCs. A constructive trust is an equitable remedy, and its purpose... Read more »
Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action
On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Cas. Co., 2020 NY Slip Op. 02116, affirmed a trial court’s refusal to dismiss an action in favor of an earlier-filed lawsuit in Delaware, explaining: Supreme Court providently exercised its discretion in denying defendants’ motions to dismiss pursuant... Read more »
Court Erred by Weighing Conflicting Evidence in Deciding Motion for Directed Verdict
On March 25, 2020, the Second Department issued a decision in Boriello v. Loconte, 2020 NY Slip Op. 02035, holding that a trial court erred by weighing conflicting evidence in deciding a motion for directed verdict, explaining: After the defendants presented the testimony of their appraiser out of order and the plaintiff had rested, the... Read more »
Decision in Derivative Action by Different Shareholder Has Res Judicata Effect on Later Suit by Different Shareholder
On March 18, 2020, the Second Department issued a decision in Noor v. Mahmood, 2020 NY Slip Op. 01921, holding that a decision in an earlier derivative action by a different shareholder had res judicata effect on a subsequent derivative action, explaining: The doctrine of res judicata bars the litigation of a claim if, in... Read more »
Unilateral Mistake Claim Fails in the Absence of Allegations of Fraud or Other Wrongdoing
On March 19, 2020, the First Department issued a decision in Quattro Parent LLC v. Rakib, 2020 NY Slip Op. 01966, holding that unilateral mistake claims fail in the absence of evidence of fraud or other wrongdoing, explaining: The motion court also correctly rejected defendant’s unilateral mistake-based defense and counterclaim, because there was no showing... Read more »
Court of Appeals Strikes Down Part of Rent Control Law on Due Process Grounds
On April 2, 2020, the Court of Appeals issued a decision in Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2020 NY Slip Op. 02127, striking down part of the Housing Stability and Tenant Protection Act of 2019 on Due Process Clause grounds. Usually, at this point,... Read more »
New York Courts Clarify E-Filing Rules for Essential Matters
The New York State courts have issued guidance and a new form relating to the filing of papers in essential matters. That guidance provides: Non-essential matters will NOT be accepted for Filing Due to the suspension of civil statutes of limitation by the Governor’s executive order 202.8, and in accordance with administrative order AO/78/20 all... Read more »
Court Grants Forum Non Conveniens Motion Based on Parties’ Limited Connection to New York
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in BSR Fund, S.A. v. Jagannath, 2020 NY Slip Op. 30810(U), granting a forum non conveniens motion based on the parties’ limited contacts with New York, explaining: The doctrine of forum non conveniens permits a court to dismiss an... Read more »
Substantial Completion of Contractual Duties Can Bar Termination for Breach
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in McCormack Contr., Inc. v. Triton Constr. Co. LLC, 2020 NY Slip Op. 30815(U), holding that substantial completion of contractual duties can bar termination for breach, explaining: Under the doctrine of substantial performance, a party who has failed to... Read more »