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: December 4, 2018

Plaintiff Liable to Defendant on Defendant’s Counterclaim Based on Facts Pleaded in the Complaint

On November 26, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Tongyang, Inc. v. Tong Yang Am., Inc., 2018 NY Slip Op. 32959(U), holding that a plaintiff was liable on the defendant’s counterclaim based on facts pleaded in the Complaint, explaining: TYA’s counterclaim for breach of contract arises out of… Read more »

Posted: December 3, 2018

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on a proposed rule “[e]nhanc[ing] attorney certification concerning mediation in the Commercial Division.” “[T]he proposal would require that the OCA” develop and implement a “form contain[ing] categories of information about the case prescribed by the Office of Court Administration which may assist the court, counsel… Read more »

Posted: December 2, 2018

Labor Law Provision Allowing Employees to Sue General Contractor as Third-Party Beneficiaries Trumps Contract’s No Third-Party Beneficiary Clause

On November 27, 2018, the First Department issued a decision in Wroble v. Shaw Envtl. & Infrastructure Eng’g of N.Y., P.C., 2018 NY Slip Op. 08061, holding that the Labor Law provision allowing employees to sue a general contractor as third-party beneficiaries trumps a contract’s no third-party beneficiary clause, explaining: Labor Law § 220(3) provides, in pertinent… Read more »

Posted: December 1, 2018

Court Stays Lawsuit in Favor of Earlier-Filed Federal Class Action

On November 14, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Matter of Qudian Sequrities Litig., 2018 NY Slip Op. 32919(U), staying a lawsuit in favor of an earlier-filed federal class action, explaining: CPLR 3211(a)(4) provides that a case may be dismissed if there is another action pending between the… Read more »

Posted: November 29, 2018

Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract

On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in IQVIA RDS Inc. v. Eisai Co. Ltd,  2018 NY Slip Op. 32923(U), holding that a party who did not sign an agreement with an arbitration clause was not required to arbitrate, explaining: IQVIA cannot be bound by the Collaboration… Read more »

Posted: November 28, 2018

Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal

On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleum Mktg., Inc., 2018 NY Slip Op. 08076, holding that a trial court erred in revisiting its earlier decision that had been affirmed on appeal, explaining: Plaintiffs are correct that our affirmance of the prior judgment awarding prejudgment interest… Read more »

Posted: November 27, 2018

Schlam Stone Announces the Launch of the Same-Day Justice Program

Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and… Read more »

Posted: November 26, 2018

Joint Venture’s Controlling Shareholder Liable for Aiding and Abetting Manager’s Breach of Fiduciary Duty

On October 22, 2018, Justice Ramos of the New York County Commercial Division issued a decision in U-Trend N.Y. Inv. L.P. v. US Suite LLC, 2018 NY Slip Op. 32894(U), holding the controlling shareholder of a joint venture liable for aiding and abetting a manager’s breach of fiduciary duty by failing to take action to… Read more »