On June 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Wiesen v. Potter, 2018 NY Slip Op. 31197(U), holding that the exception to the statute of frauds for contracts to pay a lawyer to negotiate the sale of a business does not require an attorney-client relationship, explaining: To… Read more »
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Commercial Division Blog
Posts Categorized: Commercial
Fraud Claim Dismissed as Duplicative of Contract Claim
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Board of Managers of 250 Bowery Condominium v. 250 VE LLC, 2018 NY Slip Op. 31168(U), dismissing a fraud claim as duplicative of a breach of contract claim, explaining: Sponsor Defendants also move to dismiss the fifth cause… Read more »
Borrowing Statute Applies When Contract Provides That it Will be Enforced According to New York Law
On June 12, 2018, the Court of Appeals issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Corp., 2018 NY Slip Op. 04274, holding that when a contract provides that it will be enforced according to New York law, the New York borrowing statute will be used to determine the appropriate statute of limitations,… Read more »
Veil Piercing Claims Should Have Been Dismissed
On June 12, 2018, the First Department issued a decision in Shawmut Woodworking & Supply, Inc. v. ASICS America Corp., 2018 NY Slip Op. 04291, holding that veil piercing claims should have been dismissed, explaining: There is no basis in the complaint and supporting materials for applying the doctrine of piercing the corporate veil, which… Read more »
Inducing a Client to Switch Lawyers Cannot be Basis of Tortious Interference Claim
On June 6, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Gorayeb & Associates, P.C. v. Toledo, 2018 NY Slip Op. 31153(U), holding that inducing a client to switch lawyers cannot be the basis for a claim of tortious interference with contract, explaining: Plaintiff Gorayeb law firm is entitled… Read more »
Court Dismisses Claim, Enforcing No Damages for Delay Clause
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Sciame Construction, LLC v. Trustees of Columbia University in the City of N.Y., 2018 NY Slip Op. 31167(U), dismissing a claim based on a construction contract’s no damages for delay clause, explaining: With respect to the third cause… Read more »
Martin Act Claims are Subject to Three-Year Statute of Limitations
On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, 2018 NY Slip Op. 04272, holding that Martin Act claims have a three year statute of limitations, explaining: The first issue before us is whether Martin Act claims are governed by CPLR 214(2), imposing a three-year… Read more »
Denial of Lease Renewal Option not an Unjust Forfeiture
On June 7, 2018, the First Department issued a decision in Robert B. Jetter, M.D., PLLC v. 737 Park Ave. Acquisition LLC, 2018 NY Slip Op 04085, holding that a denial of a lease renewal was not an unjust forfeiture, explaining: Jetter argues that denial of its renewal option would work an unjust forfeiture within… Read more »
Plaintiff Not Prejudiced by Amendment to Answer
On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Lexington Insurance Co., 2018 NY Slip Op. 04095, holding that a plaintiff was not prejudiced by an amendment to an answer, explaining: The motion court did not abuse its discretion in granting defendant’s motion to amend its answer. Plaintiff’s… Read more »
Whether Trade Confirmation is Enforceable Agreement is Question of Fact
On June 7, 2018, the First Department issued a decision in Seaport Global Securities LLC v SB Group Holdco, LLC, 2018 NY Slip Op. 04111, holding that whether a trade confirmation is an enforceable agreement is a question of fact, explaining: The motion court properly denied defendant’s motion to dismiss the amended complaint, as it… Read more »