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: August 11, 2019

Court Need Not Determine Whether There is Personal Jurisdiction Before Dismissing on Forum Non Conveniens Grounds

On August 6, 2019, the First Department issued a decision in Kainer v. UBS AG, 2019 NY Slip Op. 06053, holding that a court need not determine whether it has personal jurisdiction over a defendant before dismissing an action on forum non conveniens grounds, explaining: The motion court properly dismissed this action on forum non... Read more »

Posted: August 10, 2019

Discovery Sanctions Denied for Failure to Explain in Detail Movant’s Efforts to Resolve the Dispute

On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 2019 NY Slip Op. 06058, denying discovery sanctions because of the movant’s failure to explain in detail its efforts to resolve the dispute, explaining: Pursuant to 22 NYCRR 202.7(a) and (c), a motion relating to disclosure must be... Read more »

Posted: August 9, 2019

Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties

On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Barnett v. Seth Berkowitz Serve U Brands Inc., 2019 NY Slip Op. 32257(U), holding that an indemnification provision was insufficiently specific to support a claim for attorneys’ fees in an action between the contracting parties, explaining: Defendants assert... Read more »

Posted: August 8, 2019

Alleged Misrepresentation Regarding Future Performance Insufficient to Support Claim for Fraudulent Inducement

On July 8, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Gluck v. Rosania, 2019 NY Slip Op. 32085(U), holding that alleged misrepresentations regarding future performance were insufficient to support a claim for fraudulent inducement, explaining: To state a claim for fraudulent inducement, the complaint must allege that the... Read more »

Posted: August 6, 2019

Law Firm Disqualified; Its Prior Representation of Opposing Party Was Substantially-Related to Current Dispute

On July 12, 2019, Justice Borrok of the New York County Commercial Division issued a decision in NL Brand Holdings LLC v. Lepore, 2019 NY Slip Op. 32147(U), disqualifying a law firm because its prior representation of an opposing party was substantially-related to the current dispute, explaining: In order to disqualify an adversary’s attorney, the... Read more »

Posted: August 5, 2019

Malpractice Claim Dismissed as Premature Because the Harm Arising from the Alleged Malpractice Has Not Yet Occurred

On July 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in YT Madison, LLC v. Sukenik, Segal & Graff, P.C., 2019 NY Slip Op. 32112(U), dismissing a malpractice claim as premature because the alleged harm had not yet happened, explaining: In an action to recover for legal malpractice, Plaintiff... Read more »

Posted: August 2, 2019

Allegations That Complaint is Based on False Statement Basis for Judiciary Law Counterclaim

On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Gerard Fox Law, P.C. v. Vortex Group, LLC, 2019 NY Slip Op. 32065(U), holding that allegations that a complaint was based on false allegations of fact are a sufficient basis for a Judiciary Law claim, explaining: To state... Read more »