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: March 31, 2020

Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim

On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Condor Capital Corp. v. CALS Invs., LLC, 2020 NY Slip Op. 30765(U), holding that auto loan servicers are not professionals subject to professional malpractice claims, explaining: Condor Capital’s cause of action for professional malpractice alleges that First Associates... Read more »

Posted: March 30, 2020

Statute of Repose Bars Securities Act Claims

On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Matlick v. Amtrust Fin. Servs., Inc., 2020 NY Slip Op. 50357(U), holding that Securities Act claims were barred by the statute of repose, explaining: Section 13 of the 1933 Act contains both a statute of limitations and a... Read more »

Posted: March 28, 2020

Defendant Could Not Terminate Contractor Without Providing Contractually-Required Notice and Opportunity to Cure

On March 3, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Five Star Contr. Cos. Inc. v. Board of Trustees of the Fashion Inst. of Tech., 2020 NY Slip Op. 30688(U), holding that a contractor could not be terminated without being provided the contractually-required notice and opportunity to cure,... Read more »

Posted: March 27, 2020

Fraud Claim Regarding Company’s Legal Status Fails for Lack of Due Diligence; Status Was Available to Public on Government Website

On March 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Next Fabrics, LLC v. Jomar Inc., 2020 NY Slip Op. 30693(U), holding that a fraud claim based on misrepresentations regarding a company’s incorporation status failed for lack of due diligence because the company’ status was publicly-available, explaining: The... Read more »

Posted: March 26, 2020

Absolute Privilege Applies to Contractual Non-Disparagement Clauses

On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Malta v. Gaudio, 2020 NY Slip Op. 30699(U), holding that the absolute litigation privilege applies to non-disparagement clauses, explaining: In his opposition papers, and relying on Purple Eagle Entertainment, Inc. v Bray, 2018 NY Slip Op 30538[U] [Sup... Read more »

Posted: March 25, 2020

That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver

On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2020 NY Slip Op. 30700(U), holding that the fact that counsel might have relevant evidence is insufficient to create an at-issue waiver of privilege, explaining: An at... Read more »

Posted: March 24, 2020

Borrowing Statute Requires Use Not Just of Foreign State’s Statute of Limitations But Also its Tolling Rules

On March 4, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in EPK Brand, Inc. v. Leret, 2020 NY Slip Op. 30705(U), holding that the borrowing statute requires the use not just of the foreign state’s statute of limitation but also of its tolling rules, explaining: For purposes of the... Read more »

Posted: March 23, 2020

Upcoming Arguments in the Court of Appeals in April 2020

Upcoming arguments in the Court of Appeals in April 2020 that may be of interest to commercial litigators: Chavez v. Occidental Chemical Corporation, CTQ-2019-3 (to be argued Tuesday April 28) (“Actions—Class Actions—Whether New York law recognizes cross-jurisdictional class action tolling.”) Trustees of Columbia Univ. v. D’Agostino Supermarkets, APL-2019-89 (to be argued Tuesday April 28) (“Damages–Liquidated... Read more »