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: July 20, 2014

Double Derivative Claim Dismissed For Failure to Show Control of Subsidiary

On July 9, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in USHA SOHA Terrace, LLC v. Robinson Brog Leinwand Greene Genovese & Gluck, P.C., 2014 NY Slip Op. 31813(U), dismissing derivative claims for lack of standing. In USHA SOHA Terrace, the plaintiff “assert[ed] both direct and derivative claims against legal counsel for... Read more »

Posted: July 19, 2014

Agreement Lacking Formula for Computing Compensation not Void for Indefiniteness

On July 9, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in Basu v. Alphabet Management LLC, 2014 NY Slip Op. 31807(U), holding that an alleged oral employment agreement was not unenforceably vague because it lacked a formula for calculating the plaintiff’s compensation. In Basu, the defendant moved to dismiss the... Read more »

Posted: July 18, 2014

Absent Precise Language To the Contrary, Limitations Period In Insurance Policy Runs From Date Coverage Was Denied, Not Date of Underlying Loss

On June 30, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Flat Ridge 2 Wind Energy LLC v. Those Underwriter at Lloyd’s, 2014 NY Slip Op. 31804(U), holding that unless an insurance policy contains precise language to the contrary, a limitations period provided for the in the policy runs from... Read more »

Posted: July 17, 2014

Court Examines Elements of Claim for Misappropriation of Skills and Expenditures in Pinterest Lawsuit

On July 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Schroeder v. Pinterest Inc., 2014 NY Slip Op. 31809(U), illustrating the elements of a claim for misappropriation of skills and expenditures. In Schroeder, the plaintiffs claimed that the defendants used their ideas and work in creating the website Pinterest.... Read more »

Posted: July 15, 2014

Opportunity to Comment on Proposed New Uniform Civil Rules for Supreme Court and County Court

The Office of Court Administration has asked for public comment on a proposed new rule on the recognition of tribal court judgments. The proposed new rule (22 NYCRR § 202.71), would establish “a procedure for recognition of judgments rendered by tribunals or courts of tribes recognized by the State of New York or the United States.” E-mail comments to... Read more »

Posted: July 15, 2014

Consequential Damages Not Available When Not Contemplated at the Time of Contracting

On July 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Rampart Brokerage Corp. v. Ribs NY LLC, 2014 NY Slip Op. 31772(U), dismissing the plaintiff’s damages claim to the extent it sought consequential damages. In Rampart Brokerage Corp., the defendants allegedly mislead the plaintiff and its clients “as to which... Read more »

Posted: July 14, 2014

Insurer Could Not Use Tort Theory to Transfer Back to Insured Risks the Insurer Had Assumed

On July 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Assured Guaranty Municipal Corp. v. DLJ Mortgage Capital, Inc., 2014 NY Slip Op. 51044(U), dismissing fraud claims that sought to hold an insured liable, on a tort theory, for risks the insurer had assumed. In Assured Guaranty, the... Read more »

Posted: July 13, 2014

Small Claims Decision Has Res Judicata Effect in Supreme Court

On July 10, 2014, the Third Department issued a decision in Tovar v. Tesoros Property Management, L.L.C., 2014 NY Slip Op. 05233, holding that UCCA 1808 does not deprive small claims judgments of res judicata effect. In Tovar, the plaintiff sued the defendant “in Schenectady City Court for unpaid wages for work from June 2008 through... Read more »