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: October 2, 2014

Unjust Enrichment Claim Survives When Defendants Allegedly Received Funds to Which Payor Had No Right

On September 11, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Trade Expo Inc. v. Sterling Bancorp, 2014 NY Slip Op. 32408(U), declining to dismiss unjust enrichment claims. In Trade Expo, the plaintiffs amended their complaint to assert “causes of action for unjust enrichment and the imposition of a constructive... Read more »

Posted: October 1, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. The proposed new rule would adopt a Model Compliance Conference Order Form (“CC Form”) for use in the Commercial Division. The new CC Form is intended to track the expanded Model Preliminary Conference Order Form... Read more »

Posted: October 1, 2014

No Third-Party Claim Where Plaintiff Made no Claim Against Defendant for Which Third Party Defendant Could be Liable

On September 25, 2014, the First Department issued a decision in Fidelity National Title Insurance Co. v. Altshuler Shaham Provident Funds Ltd., 2014 NY Slip Op. 06371, dismissing a third-party claim for legal malpractice. In Fidelity National Title Insurance, the First Department reversed the trial court’s denial of a motion to dismiss a legal malpractice... Read more »

Posted: September 30, 2014

Reinsurer Entitled to Discovery on Reasonableness of Insurer’s Settlement and Allocation Decisions

On September 15, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in Lexington Insurance Co. v. Sirius America Insurance Co., 2014 NY Slip Op. 32429(U), ruling that a reinsurer was entitled to discovery regarding (1) the reinsured’s settlement of a claim covered by the underlying policy, and (2) the allocation... Read more »

Posted: September 29, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. The proposed new rule would require a party responding to a document request to “state with specificity the grounds for any objection to production.” It also would require an affirmative statement concerning whether responsive material... Read more »

Posted: September 29, 2014

No Claim for Fraudulent Concealment Where no Duty to Disclose

On September 23, 2014, the First Department issued a decision in SSA Holdings LLC v. Kaplan, 2014 NY Slip Op. 06257, affirming the dismissal of a claim for fraudulent concealment. In SSA Holdings, the First Department held that the plaintiff failed to state a claim against the defendants for fraudulent concealment because: [The] defendants had... Read more »

Posted: September 28, 2014

Post-Answer Motion to Dismiss Converted to Motion for Summary Judgment

On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sriram v GCC Enterprises, Inc., 2014 NY Slip Op. 32448(U), converting a motion to dismiss based on documentary evidence to one for summary judgment. In Sriram, the defendant moved to dismiss the complaint. The trial court converted the motion... Read more »

Posted: September 27, 2014

Cell Phone Not Within Scope of Stored Communications Act

On September 10, 2014, Justice Oing of the New York County Commercial Division issued a decision in Advanstar Communications Inc. v. Pollard, 2014 NY Slip Op 32398(U), dismissing on summary judgment a claim for violation of the Stored Communications Act. In Advanstar Communications, an employer alleged misconduct by its former employee. The defendant sought summary... Read more »