Commercial Division Blog

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

Posts Categorized: Commercial

Posted: January 21, 2014

Condominium Owners not Third-Party Beneficiaries of Contract Between Sponsor and Architect

On January 6, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Board of Managers of the 125 North 10th Condominium v. 125 North 10, LLC, 2014 NY Slip Op. 50035(U), dismissing a claim by condominium owners for breach of a contract between the building sponsor and an architect. In Board... Read more »

Posted: January 19, 2014

Court of Appeals Agrees to Hear Certified Questions Regarding Unfinished Business Doctrine in Second Action

On December 15, 2013, we posted that on December 12, 2013, the Court of Appeals had accepted certified questions of New York law regarding the unfinished business doctrine from the Second Circuit in In re: Thelen LLP. On January 14, 2014, the Court of Appeals accepted the same certified questions from the Second Circuit in... Read more »

Posted: January 18, 2014

Second Circuit Asks Court of Appeals to Clarify Application of “Separate Entity Rule” to Post-Judgment Enforcement Proceedings

On January 14, 2014, in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., and Motorola Credit Corp. v. Standard Chartered Bank, the Second Circuit certified questions to the New York Court of Appeals concerning the application of the “separate entity rule” to post-judgment enforcement proceedings under CPLR Article 52. Under a long-standing judge-made... Read more »

Posted: January 17, 2014

Lost Profits Damages Not Available on Fraudulent Inducement Claim

On January 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Maesa LLC v. Jouer Cosmetics LLC, 2014 NY Slip Op. 30026(U), dismissing a counterclaim for fraudulent inducement to the extent it sought lost profits damages. In Maesa, the parties entered into a contract under which the plaintiff manufactured vials in... Read more »

Posted: January 16, 2014

Contract Claim Dismissed For Failure to Plead Non-Speculative Damages

On January 2, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Saxon Technologies, LLC v. Wesley Clover Solutions-North America, Inc., 2014 NY Slip Op. 30002(U), dismissing a breach of contract claim for failure adequately to plead damages. In Saxon Technologies, the plaintiff’s allegations included that the defendant had breached... Read more »

Posted: January 15, 2014

Schlam Stone & Dolan Partner Jeffrey Eilender to Speak at State Bar Panel on The Interplay of Delaware and New York Law in Resolving Corporate and Commercial Disputes

On January 29, 2014, Schlam Stone & Dolan partner Jeffrey M. Eilender will be a panelist in a CLE program hosted by the Commercial and Federal Litigation Section of the New York State Bar Association. The panel will be held in conjunction with the association’s annual meeting at the Hilton Hotel in Manhattan. The topic of the panel... Read more »

Posted: January 15, 2014

New York Choice of Law Provision Does Not Preclude Massachusetts Statutory Claim

On December 11, 2013, Justice Walker of the 8th Judicial District Commercial Division issued a decision in Melia v. Zenhire, Inc., 2013 NY Slip Op. 52254(U), addressing the intersection between a choice-of-law clause, a choice-of-forum clause, and a statutory cause of action. In Melia, the plaintiff signed an employment agreement with defendants that provided for... Read more »

Posted: January 14, 2014

Court of Appeals Arguments of Interest for the Week of January 13, 2014

Arguments this week in the Court of Appeals that may be of interest to Commercial Division practitioners include: Docket No. 21: Country-Wide Insurance Company v. Preferred Trucking Services Corp. (To be argued on Wednesday, January 15, 2014) (concerning the timeliness of a liability carrier’s disclaimer of coverage based on the insured’s non-cooperation in the defense). See the... Read more »