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: January 8, 2021

Mere Denial of Receipt of Service Insufficient to Overcome Affidavit of Service

On December 23, 2020, Justice Friedman of the New York County Commercial Division issued a decision in New Globaltex Co., Ltd. v. Zhe Lin, 2020 NY Slip Op. 34257(U), holding that the mere denial of service is insufficient to overcome an affidavit of service, explaining: CPLR 308 (b) authorizes service by delivering the summons within... Read more »

Posted: January 4, 2021

Lien Recorded Under Debtor’s Correct Surname Valid Even Though First Name Was Incorrect

On December 23, 2020, The Appellate Division, Second Department issued a decision in Myrtle 684, LLC v. Tauber, 2020 NY Slip Op. 07901, holding that a deed recorded under a debtor’s correct surname was created a valid lien even though the debtor’s first name was not correctly spelled, explaining: CPLR 5203(a) gives priority to a... Read more »

Posted: January 3, 2021

Offering Services in New York Insufficient Basis for General Jurisdiction Over Out-of-State Company

On December 17, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in SOC LLC v. Perspecta Enter. Solutions, LLC, 2020 NY Slip Op. 34209(U), holding that offering services in New York was an insufficient basis for asserting general jurisdiction over an out-of-state company, explaining: CPLR 3211[a][8] provides that a party... Read more »

Posted: January 2, 2021

Court Recognizes Claim for Successor Liability

On December 14, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Meyer v. Blue Sky Alternative Invs. LLC, 2020 NY Slip Op. 34213(U), recognizing a claim for successor liability, explaining: The proposed complaint successfully states a claim of successor liability against proposed defendant RBP. In his claim for successor... Read more »

Posted: January 1, 2021

Non-Signatories Not Bound by Agreement’s Arbitration Provision

On December 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Euro Pac. Capital, Inc. v. Fat Brands, Inc., 2020 NY Slip Op. 34217(U), holding that non-signatories were not bound by an agreement’s arbitration clause, explaining: Pursuant to CPLR ยง 7503(b), a stay of arbitration may be granted on... Read more »

Posted: December 31, 2020

Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery

On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in H. Roske & Assoc., LP v. Burghart, 2020 NY Slip Op. 34220(U), holding that the statute of limitations on a claim for defamation runs from the date of the defamatory statement, not the date of discovery, explaining: Counterclaim... Read more »