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 6, 2019

Statute of Frauds Bars Claim for Fee in Connection with Finding a Business Opportunity

On March 27, 2019, the Second Department issued a decision in Best Global Alternative, Ltd. v. FCIC Constr. Servs., Inc., 2019 NY Slip Op. 02308, holding that the Statute of Frauds barred a claim for a fee in connection with finding a business opportunity, explaining: Pursuant to General Obligations Law § 5-701(a)(10), an agreement or some... Read more »

Posted: April 5, 2019

Defendant Waived Defense of Lack of Jurisdiction By Engaging in Significant Activity in the Action

On March 27, 2019, the Second Department issued a decision in HSBC Bank USA, N.A. v. Taub, 2019 NY Slip Op. 02319, holding that a defendant waived his personal jurisdiction defense by engaging in significant activity in a lawsuit, explaining: A defendant may waive the issue of lack of personal jurisdiction by appearing in an action,... Read more »

Posted: April 4, 2019

That Defendant Caused Plaintiff to Breach Contract With Third Party Cannot Be Basis of Tortious Interference Claim

On March 22, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust Co. v. Acquest S. Park, LLC, 2019 NY Slip Op. 02243, holding that the defendant causing the plaintiff to breach a contract with a third party cannot serve as the basis for a tortious interference claim, explaining: We reject Kingsbury’s... Read more »

Posted: April 3, 2019

Court Declines to Issue Declaratory Judgment on Default; Hearing Necessary

On March 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in West Harlem Community Org., Inc. v. West Harlem Community Org. Local Dev. Corp., 2019 NY Slip Op. 30657(U), declining to issue a declaratory judgment on default, explaining: Plaintiffs also seek a declaratory judgment. However, New York courts rarely grant... Read more »

Posted: April 2, 2019

Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint

On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in Borremans v. Gardner, 2019 NY Slip Op. 30660(U), holding that a promissory note that contined conditions could not be the subject of a motion for summary judgment in lieu of complaint, explaining: For purposes of CPLR 3213, an instrument... Read more »

Posted: April 1, 2019

Single, Pre-Contract, Meeting and Telephone and E-mail Communications Insufficient to Establish Personal Jurisdiction in New York

On March 18, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in AM Pitt Hotel, LLC v. 400 5th Ave., L.P., 2019 NY Slip Op. 30665(U), holding that a single, pre-contract meeting and telephone and e-mail communications were insufficient to create personal jurisdiction in New York, explaining: Plaintiff does not assert... Read more »

Posted: March 31, 2019

Fraud Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim

On March 19, 2019, the First Department issued a decision in Ohm NYC LLC v. Times Sq. Assoc. LLC, 2019 NY Slip Op. 02034, holding that a fraud claim should not have been dismissed as duplicative of a breach of contract claim, explaining; The complaint alleges multiple instances of defendants misrepresenting to plaintiff that the Bridge, a... Read more »

Posted: March 30, 2019

Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts

On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros Intl. PLC v. Mangrove Partners, 2019 NY Slip Op, 30604(U), dismissing a defamation claim because it was based on conclusions drawn from undisputed facts, explaining: Under New York law, a claim for defamation must allege a false... Read more »

Posted: March 28, 2019

Fraud Claim Dismissed for Failure to Allege Who Made Misrepresentation and Where, When and How it was Made

On March 12, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Q Semiconductor Inc. v. GlobalFoundries U.S. 2 LLC, 2019 NY Slip Op. 30603(U), dismissing a fraud claim for failure to plead it with particularity, explaining: CPLR 3016 provides that where a cause of action or defense is based upon... Read more »