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: April 3, 2014

Motion to Disqualify Granted Despite Absence of “Significant Harm”

On March 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Mayers v. Stone Castle Partners, LLC, 2014 NY Slip Op. 50461(U), granting the plaintiff’s motion to disqualify a law firm from representing the defendants. In Mayers, the plaintiff’s motion was premised upon a conversation the plaintiff had with... Read more »

Posted: April 2, 2014

Lost Re-sale Profits Recoverable as General Damages When Those Profits Were Contemplated By the Contract

On March 27, 2014, the Court of Appeals issued a decision in Biotronik A.G. v. Conor Medsystems Ireland, Ltd., 2014 NY Slip Op. 02101, holding that the plaintiff’s lost re-sale profits were recoverable as “general damages” on a claim for breach of a distribution contract and did not fall within a contract provision that eliminated liability... Read more »

Posted: April 1, 2014

Court of Appeals Rules That Limitations Period for Judiciary Law § 487 Claims is Six Years

On April 1, 2014, the Court of Appeals issued a decision in Melcher v. Greenberg Traurig, 2014 NY Slip Op. 02213, holding that the limitations period for claims under Judiciary Law § 487 is six years. “Judiciary Law § 487 exposes an attorney who is guilty of any deceit or collusion, or consents to any... Read more »

Posted: April 1, 2014

Financial Advisor’s Claims Dismissed on Statute of Fraud Grounds

On March 25, 2014, the First Department issued a decision in JF Capital Advisors, LLC v. Lightstone Group, LLC, 2014 NY Slip Op. 01984, affirming the dismissal of quantum meruit and unjust enrichment claims under the statute of frauds. In JF Capital Advisors, the plaintiff (“an investment advisory firm composed of hotel and hospitality industry experts”) alleged that... Read more »

Posted: March 31, 2014

Summary Judgment Granted in Favor of Veil-Piercing Claim

On March 19, 2014, Justice Friedman of the New York County Commercial Division issued a decision in Webmediabrands, Inc. v. Latinvision, Inc., 2014 NY Slip Op. 30700(U), granting plaintiffs’ motion for summary judgment piercing the defendants’ corporate veil. In Webmediabrands, the plaintiffs were judgment creditors of defendant Latinvision (“LVI”) who sued LVI’s principal shareholder, officer and... Read more »

Posted: March 30, 2014

Appellant Sanctioned for Submitting Deficient Record on Appeal

On March 27, 2014, the First Department issued a decision in Getty Properties Corp. v. Getty Petroleum Marketing Inc., 2014 NY Slip Op. 02139, sanctioning a defendant that submitted a deficient record on appeal. In Getty Properties, the First Department both denied the defendants’ appeal and sanctioned them for submitting a “deficient” record on appeal,... Read more »

Posted: March 29, 2014

Judiciary Law Section 487 Claims Must Be Brought in Forum in Which Misconduct Occurred

On March 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Alliance Network, LLC v. Sidley Austin LLP, 2014 NY Slip Op. 50430(U), dismissing Judiciary Law Section 487 claims because they were not brought in the action in which the alleged misconduct occurred. In Alliance Network, the plaintiffs brought... Read more »

Posted: March 28, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of February 17, 2014, Now Available

Transcripts and videos of arguments in the Court of Appeals for the week of February 17, 2014, are now available on the Court of Appeals website. On February 10, 2014, we noted two cases of interest from the oral arguments for the week of February 17, 2014: Docket No. 63: Matter of Kapon v. Koch... Read more »

Posted: March 28, 2014

Defendant Whose CPLR 3220 Offer Was Rejected is Entitled to Her Attorneys’ Fees Related to Proving Damages From Time of Offer

On March 27, 2014, the First Department issued a decision in Abreu v. Barkin & Associates Realty, Inc., 2014 NY Slip Op. 02146, clarifying that an offer of judgment under CPLR 3220 entitles the offering party not just to costs but also to its attorneys’ fees related to proving damages.