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 »
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Commercial Division Blog
Posts Categorized: Commercial
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 »
City Damaged By Breach of Contract Even Though Mitigation Costs Paid by Federal Government
On June 7, 2018, the First Department issued a decision in City of New York v. Eastern Shipbuilding Group, Inc., 2018 NY Slip Op. 04113, holding that the plaintiff had alleged the damages element of its breach of contract claim even though a non-party had paid the cost of mitigating the damage, explaining: In support… Read more »
Justice Schecter Posts Part Rules
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently posted her individual practices.
Civil Conspiracy Claim Survives When it is Tied to an Alleged Tort
On May 30, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Pastreich v. Pastreich, 2018 NY Slip Op. 31062(U), upholding a civil conspiracy claim tied to a claim for breach of fiduciary duty, explaining: Defendants also seek dismissal of the Tenth Cause of Action alleging a conspiracy by defendant… Read more »