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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP

Posts Categorized: Commercial

Posted: October 11, 2013

Failure to Comply With Statute of Frauds Bars Any Kind of Action Based On The Alleged Promise

On October 4, 2013, Justice Emerson of the Suffolk County Commercial Division issued a decision in Saldano v. Precision CNC Corp., 2013 NY Slip Op. 51633(U), addressing whether parties which allegedly promised a co-tenant in the same commercial building (which was in default of its lease) that they would take over the lease and permit… Read more »

Posted: October 7, 2013

A Cautionary Tale on Attorneys’ Fees

Fee shifting provisions requiring one party to a commercial agreement to pay the other side’s attorneys’ fees in the event of litigation over a breach of the agreement have become ubiquitous in New York commercial practice. Suffolk County Commercial Division Justice Thomas F. Whelan’s September 11, 2013, decision in RMP Capital, Corp. v. Victory Jet,… Read more »

Posted: October 7, 2013

Court of Appeals Arguments of Interest for the Week of October 7, 2013

Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practitioners include: Docket No. 179: Eujoy Realty Corp. v. Van Wagner Communications, LLC (to be argued Tuesday, October 8, 2013) (examining the terms relating to the termination of a lease). See the First Department decision here; Docket No. 180: Expedia,… Read more »