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 3, 2020

Specific Representations and Warranties Control Over General “As Is” Clause

On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Valero Refining-Meraux LLC v Murphy Oil Corp., 2020 NY Slip Op. 31835(U), holding that specific representations and warranties control over a general “as is” clause, explaining: As a threshold matter, the court rejects defendant’s contention that the action... Read more »

Posted: July 2, 2020

Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service

On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Patel v. Patel, 2020 NY Slip Op. 31864(U), rejecting the argument that mental illness rendered a person not of suitable discretion to receive service, explaining: Defendant contends that the Court lacks personal jurisdiction over Defendant because the individual... Read more »

Posted: July 1, 2020

Funding Litigation Does Not Violate Champerty Statute

On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT) v. Weston Capital Partners Master Fund II, Ltd., 2020 NY Slip Op. 03279, holding the funding litigation does not violate the champerty statute, explaining: Weston next argues that this proceeding is champertous because (1) David Bergstein, Graybox... Read more »

Posted: June 30, 2020

Prima Facie Tort Claim Fails Because Defendants Were Motivated By More Than Disinterested Malevolence

On June 4, 2020, Justice Borrok of the New York County Commercial Division issued a decision in LSG 105 W. 28th LLC v. Sinclair, 2020 NY Slip Op. 31764(U), holding that defendants could not be liable for prima facie tort when they were motivated by more than disinterested malevolence, explaining: The fifth cause of action... Read more »

Posted: June 29, 2020

Derivative Action Dismissed for Failure to Give Board Adequate Time to Respond to Demand

On April 4, 2020, Justice Masley of the New York County Commercial Division issued a decision in D. Karnofsky, Inc. v. Rozof, 2020 NY Slip Op. 31748(U), dismissing derivative claims because of the plaintiff’s failure to give the board adequate time to respond to the plaintiff’s demand, explaining: [D]efendants challenge plaintiff’s failure to allege pre-litigation... Read more »

Posted: June 27, 2020

Derivative Claims Based on Misconduct of Corporate Officers Barred by In Pari Delicto Doctrine

On June 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Rutigliano v. Locantro, 2020 NY Slip Op. 31768(U), holding that derivative claims based on the misconduct of corporate officers were barred by the in pari delicto doctrine, explaining: Plaintiffs unjust enrichment and conversion claims are asserted on behalf... Read more »

Posted: June 26, 2020

That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective

On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fisher v. Stone, 2020 NY Slip Op. 31732(U), holding that the fact that the plaintiff, rather than the defendant (as required by CPLR 2104), filed a stipulation of settlement did not render the settlement ineffective, explaining: CPLR 2104... Read more »