On March 30, 2021, the First Department issued a decision in Advanced Aerofoil Tech. AG v. MissionPoint Capital Partners LLC, 2021 NY Slip Op. 01938, affirming the exclusion of expert reports and a damages theory because the defendant had not been put on notice of them or the evidence upon which they were based until... Read more »
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Commercial Division Blog
Posts Categorized: Commercial
Court Holds Non-Party in Contempt for Failing to Produce Documents in Response to Subpoena
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Impact Car Park, LLC v. Mutual Redevelopment Houses, Inc., 2021 NY Slip Op. 30950(U), holding a non-party in contempt for failing to produce documents in response to a subpoena, explaining: EELD’s conduct in failing to comply with the... Read more »
Court Rejects Overbroad Motion to Seal Records
On March 25, 2021, Justice Reed of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. Bonderman, 2021 NY Slip Op. 21074, rejecting an over-broad motion to seal court records, explaining: Pursuant to 22 NYCRR § 216.1(a), a court is empowered to seal court records upon a written finding... Read more »
Claim Related to Hacking of Client Data Dismissed for Lack of Damages
On March 30, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Keach v. BST & Co. CPAs, LLP, 2021 NY Slip Op. 50273(U), dismissing a claim based on the hacking of the defendant’s servers because of the lack of damages, explaining: Whether a person seeking relief is a proper party... Read more »
Release Did Not Bar Judiciary Law 487 Claim
On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City of N.Y. v. Horowitz, 2021 NY Slip Op. 01877, holding that a release did not bar a Judiciary Law Section 487 claim, explaining: Judiciary Law § 487(1) provides that an attorney who is guilty of any... Read more »
To be Liable For a Fraudulent Transfer, the Defendant Must Have Been a Transferee or Otherwise Benefited From the Transfer
On March 25, 2021, the First Department issued a decision in Ninth Space LLC v. Goldman, 2021 NY Slip Op. 01853, holding that to be liable for a fraudulent transfer, a defendant must have been a transferee or otherwise benefitted from the transfer, explaining: The amended complaint is defective because it merely alleges that the... Read more »
Single Motion Rule Bars Reassertion of Arguments in Motion to Dismiss Amended Complaint that were Made and Lost in Earlier Motion to Dismiss
On March 23, 2021, the First Department issued a decision in Simon v. FrancInvest, S.A., 2021 NY Slip Op. 01733, holding that the single motion rule bars reassertion of arguments in a motion to dismiss an amended complaint that were made and lost in an earlier motion to dismiss, explaining: Preliminarily, plaintiff argues that both... Read more »
Court Dismisses Affirmative Defense That Merely Seeks to Preserve the Right Later to Assert Additional Defenses
On March 19, 2021, Justice Masley of the New York County Commercial Division issued a decision in CF 125 Holdings LLC v. VS 125 LLC, 2021 NY Slip Op. 30924(U), dismissing an affirmative defense that sought to preserve the right later to assert additional defenses, explaining: The ninth affirmative defense, which asserts the right to... Read more »
Court Grants Summary Judgment In Lieu of Complaint Based on Settlement Agreement
On March 17, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Wilkins Media, LLC v. Oxigen Beverages, Inc., 2021 NY Slip Op. 30847(U), granting summary judgment in lieu of complaint based on a settlement agreement, explaining: Pursuant to CPLR § 3213, a motion for summary judgment in lieu of... Read more »
Class Certification Denied Because Class Issues Did Not Predominate Over Individual Ones
On March 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Kalemba v. Oanda Corp., 2021 NY Slip Op. 30707(U), denying class certification because class issues did not predominate over individual ones, explaining: To satisfy the second prerequisite to certification Plaintiff must show that there are questions of law... Read more »