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: June 16, 2020

Defendants Who Were Parties to a Contract Not Liable for Tortious Interference With it

On May 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shyer v. Shyer, 2020 NY Slip Op. 31519(U), holding that defendants who were parties to a contract could not be held liable for tortious interference with it, explaining: Tortious interference with contract requires the existence of a valid... Read more »

Posted: June 15, 2020

Allegations of Fraud Unrelated to Forum Selection Clause Do Not Bar Enforcement of Clause

On April 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Abyss Ltd. v. Netki, Inc., 2020 NY Slip Op. 31523(U), holding that allegations of fraud unrelated to an agreement’s forum selection clause do not bar enforcement of the clause, explaining: A forum selection clause is a contractual provision... Read more »

Posted: June 14, 2020

Zoning Consulting is not a Profession for Purposes of a Professional Malpractice Claim

On May 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in 14 LLC v. J & R 240 LLC, 2020 NY Slip Op. 31528(U), holding that zoning consulting is not a profession for purposes of a professional malpractice claim, explaining: In order to maintain a claim for professional malpractice,... Read more »

Posted: June 13, 2020

If Court Had No Jurisdiction to Enter Judgment, Payment of the Judgment Did Not Extinguish It and so it Could be Vacated

On May 27, 2020, the Second Department issued a decision in Yellowbook, Inc. v. Hedge, 2020 NY Slip Op. 03045, holding that if a court had no jurisdiction to enter judgment, the payment of that judgment did not extinguish the judgment and so the judgment could be vacated, explaining: In 2011, the plaintiff commenced the... Read more »

Posted: June 11, 2020

Continuing Wrong Doctrine Does not Save Contract Claims Based on Failure to Recognize Ownership Share

On May 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Kaufman v. A.F. Kaufman, Inc., 2020 NY Slip Op. 31444(U), holding that the continuing wrong doctrine does not save contract claims based on the refusal to recognize an ownership share, explaining: CPLR 213 (2) states, in relevant part,... Read more »

Posted: June 10, 2020

Buying Distressed Debt to Collect on it Not Champerty

On April 23, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Espadarte Partners, LLC v. Riverside Gulf Coast Banking Co., 2020 NY Slip Op. 31436(U), holding that buying distressed debt to collect on it is not champerty, explaining: The champerty doctrine is codified in Judiciary Law § 489(1), which... Read more »

Posted: June 8, 2020

Fraudulent Inducement Claim Survives as Not Duplicative of Breach of Contract Claim

On May 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in SRS Capital Funds, Inc. v. Bujan, 2020 NY Slip Op. 31449(U), holding that a fraudulent inducement claim survived dismissal because it was not duplicative of the plaintiffs’ breach of contract claim, explaining: Plaintiffs’ fraudulent inducement claim is not... Read more »