Blogs

Commercial Division Blog

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

Posts Categorized: Commercial

Posted: July 16, 2021

Attorney’s Standard E-mail Signature Block Sufficient to Create Binding Agreement

On July 08, 2021, the First Department issued a decision in Matter of Philadelphia Ins. Indem. Co. v. Kendall, 2021 NY Slip Op. 04284, holding that an attorney’s standard e-mail signature block is sufficient to create a binding agreement, explaining: CPLR 2104, entitled “Stipulations,” reads in pertinent part: “An agreement between parties or their attorneys... Read more »

Posted: July 9, 2021

Tax Returns Are Not 3211(a)(1) Documentary Evidence

On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matter of Mattone Group Spripgnex LLC v. CFM Dev. LLC, 2021 NY Slip Op. 31958(U), holding that tax returns were not documentary evidence under CPLR 3211(a)(1), explaining: [W]hile a tax return can constitute evidence of a written assignment tax... Read more »

Posted: July 8, 2021

Agreement to Set-Off Future Payments by Amount of Unpaid Debt Not Improper Agreement to Extend Statute of Limitation Prior to Accrual of Claim

On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P., 2021 NY Slip Op. 04198, holding that an agreement to set-off future payments by the amount of an unpaid debt was not an improper agreement to extend the statute of limitation prior to the accrual of a claim,... Read more »

Posted: July 4, 2021

Negligent Misrepresentation Claim Fails for Failure Adequately to Allege Special Relationship

On July 1, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Berkshire Bank v. Pioneer Bank, 2021 NY Slip Op. 50619(U), holding that a negligent misrepresentation claim failed because it did not adequately allege a special relationship between the plaintiff and defendant, explaining: A fiduciary relationship exists between two persons... Read more »

Posted: June 27, 2021

Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability

On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. PricewaterhouseCoopers LLP, 2021 NY Slip Op. 03929, holding that where an arbitration provision is broad, it is for the arbitrator, not the court, to determine arbitrability, explaining: Where, as here, the parties have a broad arbitration clause and the... Read more »

Posted: June 26, 2021

Award Vacated Because it was Issued After the Deadline Set by the Parties

On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of Papakonstadinou v. Sparakis, 2021 NY Slip Op. 50543(U), vacating an arbitral award because is was issued after the deadline set by the parties, explaining: CPLR 7507 requires the arbitrator’s award to be issued within the time fixed... Read more »