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 1, 2014

Motion for Summary Judgment in Lieu of Complaint Denied Because Right to Payment Not Ascertainable from Document

On May 20, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Goddard Investors II, LLC v. Goddard Development Partners II, LLC, 2014 NY Slip Op. 31335(U), denying a motion for summary judgment in lieu of complaint based on a guaranty because the plaintiff’s right to payment could not be... Read more »

Posted: May 31, 2014

Covenant of Good Faith and Fair Dealing Breached When Plaintiff’s Rights Under an Agreement are Frustrated

On May 29, 2014, the First Department issued a decision in Pleiades Publishing, Inc. v. Springer Science + Business Media LLC, 2014 NY Slip Op. 03917, affirming that the plaintiff had stated a claim for breach of the implied covenant of good faith and fair dealing. In Pleiades Publishing, the plaintiff, “a publisher of English-language... Read more »

Posted: May 30, 2014

Lack of Personal Jurisdiction not a Defense to Domestication of a Foreign Judgment

On May 27, 2014, the First Department entered a decision in Abu Dhabi Commercial Bank PJSC v. Saad Trading, 2014 NY Slip Op. 03767, holding that lack of personal jurisdiction is not a defense to an action to domesticate a foreign judgment. In Abu Dhabi Commercial Bank, the plaintiff sought to “domesticate and enforce” the judgment... Read more »

Posted: May 29, 2014

Court of Appeals Arguments of Interest for the Week of June 2, 2014

Arguments the week of June 2, 2014, in the Court of Appeals that may be of interest to commercial litigators. No. 129: People v. John F. Haggerty, Jr. (To be argued Tuesday, June 3, 2014) (this is a criminal case addressing an evidentiary issue also relevant to commercial litigators—the best evidence rule: specifically, whether the testimony... Read more »

Posted: May 29, 2014

CLE Program: Commercial Litigation Academy 2014

On June 5, 2014, Schlam Stone & Dolan partner Jeffrey Eilender will co-chair a CLE program about discovery in the Commercial Division.  Among the panelists will be Commercial Division Justice Jeffrey Oing.  This event is part of a two-day program hosted by the New York State Bar Association to focus on federal and state-court commercial litigation.

Posted: May 29, 2014

Unit Owners’ Vote Insulates Condominium Board from Derivative Action

On May 16, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in DSW Lenox, LLC v. Rosetree on Lenox Ave., LLC, 2014 NY Slip Op. 31311(U), dismissing a derivative action against a condominium’s board of directors. The court’s opinion in DSW Lenox addresses several distinct legal questions. This post focuses on... Read more »

Posted: May 28, 2014

Unilateral Mistake Insufficient to Justifiy Reformation of Deed Without Clear and Convincing Evidence of Fraud

On May 22, 2014, the Third Department issued a decision in Timber Rattlesnake, LLC v. Devine, 2014 NY Slip Op. 03718, affirming the refusal to reform a deed. In Timber Rattlesnake, the plaintiff was the assignee of a contract to purchase real estate. After the plaintiff discovered that “the deed contained a restrictive covenant that had not... Read more »

Posted: May 27, 2014

Sale of Realty Company’s Office Building Was Not in the Due Course Because it Was Not in Business of Selling Property

On May 22, 2014, the First Department issued a decision in Theatre District Realty Corp. v. Appleby, 2014 NY Slip Op. 03749, holding that a realty company’s sale of its office building was not in the due course because the company was not in the business of selling property. In Theatre District Realty Corp., the First Department reversed a... Read more »

Posted: May 26, 2014

Merger Clause Prevents Fraud Claim Based on Alleged Pre-Contract Promises

On May 16, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Antares Real Estate Services III, LLC v. 100 WP Property–DOF II, LLC, 2014 NY Slip Op. 31312(U), dismissing claims regarding alleged pre-contract promises based on a contract’s merger clause. In Antares Real Estate Services III, the plaintiff sued... Read more »