Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP

Posts Categorized: Commercial

Posted: June 7, 2019

Tortious Interference Claim Fails When Defendants’ Actions Motivated by Self-Interest and Other Economic Considerations

On June 5, 2019, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LLC, 2019 NY Slip Op. 04345, holding that a tortious interference claim should have been dismissed because the complaint did not allege that the defendants acted for reasons other than self-interest and other economic considerations, explaining: [C]onstruing... Read more »

Posted: June 6, 2019

Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended

On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo Wengui v. Schiller, 2019 NY Slip Op. 31436(U), holding that an arbitration clause in a law firm engagement letter covered a dispute arising after the engagement ended, explaining: Here, while the specific conduct of which Plaintiff complains... Read more »

Posted: May 29, 2019

Agreement for a Referral Fee for Sale of Company’s Shares Inapplicable to Sale of Company’s Assets

On May 28, 2910, the First Department issued a decision in Sassoon v. CDx Diagnostics, Inc., 2019 NY Slip Op. 04112, holding that an agreement for a referral fee relating to the sale of a company’s shares did not apply to a sale of the company’s assets, explaining: The written agreement between plaintiff and defendant... Read more »

Posted: May 26, 2019

Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission

On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 04042, holding that the Statute of Frauds did not bar a claim based on an alleged oral contract for a real estate commission, explaining: The complaint alleges that plaintiff Eran Elhanani, a real estate broker, and defendant... Read more »

Posted: May 23, 2019

Plaintiff Adequately Alleges Negligent Misrepresentation Claim

On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in¬†Steadfast Ins. Co. v Allan Briteway Elec. Contr., Inc., 2019 NY Slip Op. 31363(U), holding that a plaintiff had adequately alleged a negligent misrepresentation claim, explaining: Here, ABE states classic negligent misrepresentation in a project to construct a building.... Read more »