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: August 7, 2020

Court Refuse to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel’s Engagement

On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v. Chowdhury, 2020 NY Slip Op. 32491(U), refusing to dismiss a legal malpractice action because there were questions of fact regarding whether counsel had been engaged by the plaintiff, explaining: [T]he court concludes that the allegations of the... Read more »

Posted: August 5, 2020

Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer

On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in United Staffing Solutions, Inc. v. Humanedge, Inc., 2020 NY Slip Op. 32404(U), holding that at-will employees do not have a fiduciary duty to their employer, explaining: A fiduciary relationship arises between two persons when one of them is... Read more »

Posted: August 3, 2020

Injunction Denied Because Alleged Harm Could be Remedied by an Award of Money Damages

On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Somera Rd. – 1100 Main St., LLC v. TPG RE Fin. 1, Ltd., 2020 NY Slip Op. 32374(U), denying an injunction because the alleged harm could be remedied by money damages, explaining: Next, plaintiff has not established irreparable... Read more »

Posted: August 2, 2020

Plaintiff Was Not Entitled to RPL § 291’s Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest

On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY Slip Op. 04285, holding that a plaintiff was not entitled to RPL 291’s good faith purchaser for value protections because it was aware of the unrecorded interest, explaining: We also reject the SS defendants’ contention that... Read more »

Posted: July 31, 2020

Accounting Claim Dismissed for Failure Adequately to Allege a Fiduciary Relationship

On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Karen’s Shipping, LLC v. West Side Foods, Inc., 2020 NY Slip Op. 32347(U), dismissing an accounting claim for failure adequately to allege a fiduciary relationship, explaining: To demonstrate entitlement to equitable accounting, a plaintiff must establish (i) the... Read more »

Posted: July 30, 2020

Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant’s Claim That He Did Not Live There

On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32355(U), holding that service on a doorman at the address shown in the defendant’s DMV records was sufficient service despite the defendant’s claim that he did not live there, explaining:... Read more »