On December 18, 2013, the Second Department issued a decision in Mr. San, LLC v. Zucker & Kwestel, LLP, 2013 NY Slip Op. 08416, holding that, in exceptional circumstances, a legal malpractice claim can survive a motion to dismiss despite the lack of an attorney-client relationship. The Second Department’s opinion was brief: While the complaint... Read more »
Posts Categorized: Commercial
On December 17, 2013, the Court of Appeals issued a decision in Herzl Ragins, et al. v. Hospitals Insurance Company, Inc., Docket No. 234, holding that an excess liability carrier was required to pay post-judgment interest that exceeded the limit on the insured’s primary liability insurance. In Ragins, the excess policy covered “all sums” that... Read more »
On December 17, 2013, the First Department issued a decision in BDCM Opportunity Fund II, LP v. Yucaipa Am. Alliance Fund I, LP, 2013 NY Slip Op. 08387, addressing whether plaintiffs were bound by a settlement agreement entered into by a related party in another action. The First Department agreed with the trial court that... Read more »
On December 6, 2013, Justice Friedman of the New York County Commercial Division issued a decision in 412 W. 12th St. 1N LLC v. C and A Capital LLC, 2013 NY Slip Op. 33099(U), ruling that whether a liquidated damages clause was an unenforcable penalty was a fact question that could not be resolved on a... Read more »
On December 11, 2013, the Second Department issued a decision in QBE Ins. Corp. v. Adjo Contracting Corp., 2013 NY Slip Op. 08238, discussing the choice of law rules determining which law governs the interpretation of a liability insurance policy. The Second Department wrote: In the context of liability insurance contracts, the jurisdiction with the... Read more »
On November 19, 2013, we posted that in In re: Thelen LLP, the Second Circuit had certified questions of New York law regarding the unfinished business doctrine to the New York Court of Appeals. On December 12, 2013, the Court of Appeals accepted the certified questions.
On December 12, 2013, the First Department issued a decision in Site Five Hous. Dev. Fund Corp. v. Bullock, 2013 NY Slip Op. 08344, affirming a decision holding that a corporate landlord’s president lacked the authority to modify a lease, rendering the modification upon which the commercial tenant relied invalid. In Five Site, the First Department... Read more »
On December 12, 2013, the First Department issued a decision in Laurel Hill Advisory Group, LLC v. American Stock Transfer & Trust Co., LLC, 2013 NY Slip Op. 08351, illustrating one limit to a motion to dismiss based on documentary evidence: a dispute about the authenticity of the documents relied upon in the motion. In Laurel... Read more »
On December 10, 2013, the First Department issued a decision in GoSMILE, Inc. v. Levine, 2013 NY Slip Op. 08215, affirming the denial of a motion to compel because of the movant’s delay in making the motion. In GoSMILE, the plaintiff served a document demand on May 4, 2009. Defendant objected to producing documents generated after... Read more »
On November 12, 2013, we posted that in Quadrant Structured Products, Ltd. v. Vertin, the Delaware Supreme Court had certified questions of New York law regarding “no action” clauses in trust indentures to the New York Court of Appeals. On December 10, 2013, the Court of Appeals accepted the certified questions.