On October 4, 2013, Justice Emerson of the Suffolk County Commercial Division issued a decision in Saldano v. Precision CNC Corp., 2013 NY Slip Op. 51633(U), addressing whether parties which allegedly promised a co-tenant in the same commercial building (which was in default of its lease) that they would take over the lease and permit... Read more »
Posts Categorized: Commercial
Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practitioners include: Docket No. 191: Cruz v. TD Bank NA. (to be argued Tuesday, October 15, 2013) Addresses two questions certified from the US Court of Appeals for the Second Circuit (see 2d Cir. order here: first, whether judgment debtors... Read more »
On October 7, 2013, Justice Kornreich of the New York County Commercial Division issued a decision in 172 Madison (NY) LLC v. NMP-Group, LLC, 2013 NY Slip Op. 51618(U), addressing whether a lender is bound by its election to foreclose on a mortgage rather than sue on the debt when the right to sue on... Read more »
On September 10, 2013, the Court of Appeals heard argument in Merrill Lynch, Pierce, Fenner & Smith Inc., v. Global Strat, Inc., Docket No. 160, a case examining the extent to which a sanction of default can be imposed for discovery violations. Both the hearing transcript and a video of oral argument are available on... Read more »
Fee shifting provisions requiring one party to a commercial agreement to pay the other side’s attorneys’ fees in the event of litigation over a breach of the agreement have become ubiquitous in New York commercial practice. Suffolk County Commercial Division Justice Thomas F. Whelan’s September 11, 2013, decision in RMP Capital, Corp. v. Victory Jet,... Read more »
Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practitioners include: Docket No. 179: Eujoy Realty Corp. v. Van Wagner Communications, LLC (to be argued Tuesday, October 8, 2013) (examining the terms relating to the termination of a lease). See the First Department decision here; Docket No. 180: Expedia,... Read more »
Justice Schweitzer of the New York County Commercial Division recently updated his Individual Practices.
On October 30, 2013, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the New York City Bar on Practicing in NYS Supreme Court. Among the panelists will be Justice Bransten of the New York County Commercial Division.