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, 2019

When There is Question Regarding Whether a Party Signed Agreement With Arbitration Clause, Question of Arbitrability is for Court, Not Arbitrator, to Decide

On June 27, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Suratwala v. Gandhi, 2019 NY Slip Op. 31859(U), holding that when there is a question regarding whether a party signed an agreement containing an arbitration clause, the question of arbitrability is for the court, not the arbitrator, to... Read more »

Posted: July 15, 2019

Fraud Claims Not Duplicative of Malpractice Claims

On June 27, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Kislev Partners, LLP v. Sidley LLP, 2019 NY Slip Op. 31850(U), declining to dismiss fraud claims as duplicative of a malpractice claim, explaining: Sidley argues that plaintiffs’ claims all essentially sound in professional malpractice and, therefore, have a... Read more »

Posted: July 14, 2019

Shareholders and Directors Not Liable for Breach of Company’s Contractual Obligations

On June 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Town & Country Adult Living, Inc. v. Hearth at Mount Kisco, LLC, 2019 NY Slip Op. 31862(U), holding that a company’s shareholders and directors could not be held liable for the company’s breach of its contractual obligations, explaining:... Read more »

Posted: July 11, 2019

Court Refuses to Impose PSLRA Stay on Securities Act Action Pending in Commercial Division

On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Matter of PPDAI Group Sec. Litig., 2019 NY Slip Op. 51075(U), refusing to impose a PSLRA stay on a Securities Act action pending in the Commercial Division, explaining: According to Moving Defendants, Plaintiffs should not be permitted to... Read more »

Posted: July 10, 2019

Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney’s Fees

On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Slip Op. 05341, holding that an arbitrator did not manifestly disreagard the law in awarding a prevailing party attorneys’ fees, explaining: We are mindful that courts possess very limited authority to review an arbitration award. Indeed,... Read more »

Posted: July 9, 2019

Corporate Defendant’s Mail Delivery Problems Not Basis for Vacating Default Judgment

On June 17, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fisher v. Lewis Constr. NYC, Inc., 2019 NY Slip Op. 31775(U), holding that a corporate defendant’s mail delivery problems were not a basis for vacating a default judgment, explaining: Under CPLR 5015(a)(1), a court may relieve a party... Read more »

Posted: July 8, 2019

Policy Notices Submitted by Defendant Insurer Not 3211(a)(1) Documentary Evidence

On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. of N.Y., 2019 NY Slip Op. 05118, holding that policy notices submitted by the defendant insurer were not documentary evidence sufficient to support a motion to dismiss under CPLR 3211(a)(1), explaining: Moreover, that branch of Reliastar’s motion which... Read more »