On April 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Space Race, LLC v. Alabama Space Science Exhibit Commn., 2020 NY Slip Op. 31299(U), holding that providing legal advice to a person accused of fraud is an insufficient basis for a claim of aiding and abetting fraud, explaining:... Read more »
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Commercial Division Blog
Posts Categorized: Commercial
Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue
On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Halperin v. Van Dam, 2020 NY Slip Op. 31301(U), holding that a lawyer cannot avoid a malpractice claim by arguing that the client had access to sufficient facts to evaluate a legal issue, explaining: To sustain a cause... Read more »
Continuing Wrong Doctrine Does Not Save Plaintiff’s Claims From Being Time-Barred
On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Marjay N10, LLC v. Yashar, 2020 NY Slip Op. 31279(U), holding that the continuing wrong doctrine did not save the plaintiffs’ claims from being time-barred, explaining: Under CPLR ยง 3211(a)(5), Defendants bear the initial burden of establishing, prima... Read more »
Court Analyzes Negligence and Fraud Claims Against Appraiser
On May 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shavolian v. Donegan, 2020 NY Slip Op. 31181(U), analyzing negligence and fraud claims against an appraiser: To establish a cause of action sounding in negligence, Shavolian must establish the existence of a duty on Defendants’ part to Shavolian,... Read more »
To State a Conspiracy to Breach Fiduciary Duty Claim, All Alleged Conspirators Must Owe Fiduciary Duties
On May 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Sands Bros. Venture Capital II, LLC v. Metropolitan Paper Recycling, Inc., 2020 NY Slip Op. 50568(U), dismissing a claim for conspiracy to breach a fiduciary duty because not all the conspirators were alleged to have such duties, explaining:... Read more »
Account Stated Claim Dismissed As Duplicative of Breach of Contract Claim
On May 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in St. George Outlet Dev., LLC v. Casino Mech. Corp., 2020 NY Slip Op. 50516(U), dismissing an account stated claim because it was duplicative of a breach of contract claim, explaining: Plaintiffs first seek to dismiss the Second Counterclaim,... Read more »
Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely
On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag & Bone Holdings LLC v. Hand Baldachin & Assoc. LLP, 2020 NY Slip Op. 31149(U), holding that the continuous representation doctrine saved a legal malpractice claim from dismissal, explaining: Defendants contend that the legal malpractice claim must... Read more »
Legal Malpractice Claim Dismissed for Failure to Allege Facts Showing That Defendants’ Alleged Negligence Damaged Plaintiff
On April 29, 2020, the Second Department issued a decision in Kahlon v. DeSantis, 2020 NY Slip Op. 02464, holding that a legal malpractice claim was properly dismissed because of the plaintiff’s failure to allege facts showing that the defendants’ alleged negligence damaged the plaintiff, explaining: To state a cause of action to recover damages... Read more »
New Case Filings to be Permitted in New York State Courts Starting Monday
On May 20, 2020, Chief Administrative Judge Marks announced that starting on Monday, May 25, 2020, “e-filing through the NYSCEF system–including the filing of new non-essential matters–will be restored in those counties of the state that have not yet met the benchmarks required to participate in the Governor’s regional reopening plan,” including “the five New... Read more »
Questions of Fact Regarding Defendant’s Negligence Precluded Summary Judgment on Legal Malpractice Claim
On April 29, 2020, the Second Department issued a decision in Blumencranz v. Botter, 2020 NY Slip Op. 02452, holding that questions of fact regarding the defendant’s negligence precluded summary judgment on a legal malpractice claim, explaining: The plaintiff commenced this action alleging, inter alia, that the defendant committed legal malpractice in the prosecution of... Read more »