On October 23, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision in Greenzweig v. Kenmare Mott Realty Assoc. Inc., 2013 NY Slip Op. 32735(U), illustrating the potential procedural complexities of lawsuits involving competing claims of ownership of a closely-held business.
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Commercial Division Blog
Posts Categorized: Commercial
Courts Continue to Wrestle with Standard for Reasonable Reliance in Commercial Contexts
On October 31, 2013, Justice Ramos of the New York County Commercial Division issued a decision in Moshe v. Charles Rutenberg LLC, 2013 NY Slip Op. 51813(U), denying the defendant’s summary judgment motion for dismissal of a fraudulent inducement cross-claim. The cross-claim defendant had argued that the reasonable reliance element of the fraud cross-claim had not... Read more »
Statute of Limitations Not Tolled by Equitable Estoppel
On October 28, 2013, Justice Whelan of the Suffolk County Commercial Division issued a decision in North Coast Outfitters, Ltd. v. Darling, 2013 NY Slip Op. 32731(U), declining to apply the doctrine of equitable estoppel to toll the statute of limitations in a shareholder dispute. Justice Whelan explained: [T]he doctrine of equitable estoppel applies where... Read more »
“Best Efforts” Clause Enforced Notwithstanding Absence of Objective Criteria in Agreement Against Which Efforts Could Be Measured
On October 24, 2013, Justice Friedman of the New York County Commercial Division issued a decision in Glanzer & Co., LLC v. Air Line Pilots Association, 2013 NY Slip Op. 32713(U), denying defendant’s motion for summary judgment dismissing plaintiff’s breach of contract claim after concluding that material issues of fact existed with respect to whether... Read more »
Public Not Third-Party Beneficiary of Lease Between City and Museum
On October 29, 2013, Justice Kornreich of the New York County Commercial Division issued a decision in Saska v. Metropolitan Museum of Art, 2013 NY Slip Op. 23366, addressing, among other things, the law of third-party beneficiaries as applied to the Metropolitan Museum of Art’s “pay what you wish” admissions policy. In Saska, the plaintiffs... Read more »
Failure to Timely Raise Discovery Disputes with the Court Waives Them
On October 21, 2013, Justice Bransten of the New York County Commercial Division issued a decision in Gama Aviation Inc. v. Sandton Capital Partners, LP, 2013 NY Slip Op. 32648(U), showing the importance of dilligently identifying and raising discovery disputes. The Gama Aviation decision dealt with several issues, including two motions to compel the production... Read more »
Insurance Law’s Notice Requirements Strictly Construed
On October 23, 2013, Justice Ramos of the New York County Commercial Division issued a decision in Schoonover v. Massachusetts Mut. Life. Ins. Co., 2013 NY Slip Op. 32682(U), reminding insurance companies that they ignore the notice requirements of the Insurance Law at their peril. In Schoonover, the plaintiffs, trustees of an insurance trust established... Read more »
Existence of Fiduciary Duty Depends on Role in Which Party is Acting
On October 30, 2013, the Second Department issued a decision in Varveris v. Zacharakos, 2013 N.Y. Slip Op. 07028, examining when a corporate officer/director owes a fiduciary duty to the corporation’s shareholders. In Varveris, the defendant was “a director, officer, shareholder, and managing agent of” a close corporation of which plaintiff was a shareholder. Defendant purchased... Read more »
Res Judicata Bars Claims Arising During Prior Lawsuit
On October 29, 2013, the First Department issued a decision in Jumax Assoc. v. 350 Cabrini Owners Corp., 2013 NY Slip Op. 06992, illustrating the scope of the doctrine of res judicata. Jumax had previously commenced an action in 2002 seeking to recover fees that had been paid to defendant co-op pursuant to a license... Read more »
Documentary Evidence Refutes Allegation that Defendant was Party to Contract
On October 16, 2013, the Second Department issued a decision in Kalmon Dolgin Affiliates, Inc. v. Tonacchio, 2013 NY Slip Op. 06660, illustrating the importance of the documentary evidence prong of a motion to dismiss and its usefulness in dismissing a claim at the beginning of an action. In Kalmon Dolgin, the Second Department partially... Read more »