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 9, 2014

CPLR 205 Tolls Statute of Limitations for Special Proceeding Improperly Brought as a Plenary Action

On July 30, 2014, Justice Friedman of the New York County Commercial Division issued a decision in Weksler v. Weksler, 2014 NY Slip Op. 32024(U), explaining the application of CPLR 205. In Weksler, the parties entered into an agreement that tolled the statute of limitations effective December 19, 2006. In 2007, the plaintiff brought a plenary... Read more »

Posted: August 8, 2014

Prior Representation Not Grounds For Disqualification of Attorney Where Former Client Waived Conflict In Engagement Letter

On August 6, 2014, the Second Department issued a decision in Grovick Properties, LLC v. 83-10 Astoria Blvd., LLC, 2014 NY Slip Op. 05627, reversing the trial court’s disqualification of plaintiff’s attorney based on a prior related representation of the defendant, where the defendant had expressly waived the conflict. In Grovick Properties, an attorney (Brooks)... Read more »

Posted: August 6, 2014

Fraud Claim Dismissed for Failure to Exercise Due Diligence

On July 25, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in Northern Group Inc. v. Merrill, Pierce, Fenner & Smith, 2014 NY Slip Op. 31986(U), dismissing a fraud claim because of, among other reasons, the plaintiff’s failure to exercise due diligence. In Northern Group, the defendant moved for summary... Read more »

Posted: August 5, 2014

Corporate Officer Awarded Advancement of Fees

On July 24, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in General Plumbing Corp. v. Parklot Holding Co., 2014 NY Slip Op. 31961(U), awarding a corporate officer indemnification and advancement of legal expenses in an action against him by the corporation. In General Plumbing Corp., a commercial landlord-tenant dispute, the... Read more »

Posted: August 4, 2014

Insured Demanding Reinstatement Must Pay Premiums on Improperly Terminated Life Insurance Policy

On July 25, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Rubenstein v. The Lincoln National Life Insurance Co., 2014 NY Slip Op. 31957(U), ruling that the holder of life insurance policy that was improperly terminated without the required statutory notice must pay premiums due for the period when the... Read more »

Posted: August 3, 2014

Petition to Stay Mandatory Mediation Dismissed

On July 25, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Matter of Albee Development LLC v. Casino Development Group, Inc., 2014 NY Slip Op. 31959(U), dismissing a petition to stay a mandatory mediation. In Matter of Albee Development LLC, the respondent initiated an arbitration with the petitioner regarding a contract dispute. The... Read more »

Posted: August 2, 2014

No Personal Jurisdiction Based on Solicitation of Business in State Without More

On July 30, 2014, the Second Department issued a decision in Mejia-Haffner v. Killington, Ltd., 2014 NY Slip Op. 05522, affirming a dismissal for lack of personal jurisdiction. In Mejia-Haffner, the plaintiffs sued a Vermont ski resort in Queens County. Even though the resort advertised in New York, the Second Department affirmed the dismissal for lack... Read more »

Posted: August 1, 2014

Legal Argument to be in Memorandum of Law, Not Attorney Affirmation

On July 17, 2014, Justice Bransten of the New York County Commercial division issued a decision in Response Personnel, Inc. v. Aschenbrenner, 2014 NY Slip Op. 31948(U), reminding counsel to make legal argument in a memorandum of law, not an attorney affirmation. In Response Personnel, the court decided a motion for summary judgment. In the... Read more »

Posted: July 31, 2014

Motion for Stay in Favor of Arbitration Denied When Complete Identity of Parties Lacking

On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Interventure 77 Hudson LLC v. Falcon Real Estate Investment Co., LP, 2014 NY Slip Op. 31878(U), denying motions to compel arbitration. In Interventure 77 Hudson LLC, three defendants moved for a stay in favor of arbitration “on the... Read more »