Commercial Division Blog

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

Posts Categorized: Commercial

Posted: September 18, 2020

Transcripts and Videos of Arguments in the Court of Appeals for September 2020 Now Available

On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in April 2020 that, because of the COVID-19 pandemic, finally were argued in September 2019: Chavez v. Occidental Chemical Corporation, CTQ-2019-3 (argued on Wednesday, September 9, 2020) (“Actions—Class Actions—Whether New York law recognizes cross-jurisdictional class action tolling.”).... Read more »

Posted: September 17, 2020

Party’s Failure to Respond to Motion to Admit Excused When Questions Went to Disputed Issues

On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Sandler v. Independent Living Aids LLC, 2020 NY Slip Op. 32879(U), excusing a party’s failure to respond to a notice to admit when the questions went to disputed issues, explaining: As a preliminary matter, the parties dispute whether... Read more »

Posted: September 16, 2020

Consent to Jurisdiction In New York State Does Not Mean Consent to Venue in Any County in the State

On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Frequency Elecs., Inc. v Bloch, 2020 NY Slip Op. 51036(U), holding that consent to jurisdiction in New York state does not mean consent to venue in any county in New York state, explaining: CPLR §7502(a) governs venue of... Read more »

Posted: September 11, 2020

Breach of Contract and Fraud Claims Cannot Co-Exist if They Are Based on the Same Underlying Facts

On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud claim is duplicative of a contract claim warranting dismissal under CPLR 3211. In 5 E. 59th Realty Holding Co., LLC v. Leahey, 2020 NY Slip Op. 32751(U), Justice Masley confirmed longstanding New York precedent that a fraud claim and a... Read more »

Posted: September 10, 2020

Motion to Amend Granted; Delay and Additional Potential Liability Not Sufficient Grounds for Denial

On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New York Univ. v. Turner Constr. Co., 2020 NY Slip Op. 51030(U), holding that the need to conduct additional discovery or additional liability were not prejudice for purposes of a motion to amend, explaining: [T]urning to prejudice, although... Read more »

Posted: September 9, 2020

Court Analyzes Application of Equitable Estoppel to Statute of Limitations

On August 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in First Equity Realty v. Harmony Group, II, 2020 NY Slip Op. 50973(U), analyzing the application of the doctrine of equitable estoppel to the statute of limitations, explaining: The statute of limitations on a breach of contract claim is... Read more »