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 19, 2019

Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve

On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FCS Group, LLC v. Chica, 2018 NY Slip Op. 33433(U), extending a plaintiff’s time to serve even though the plaintiff did not show good cause for failing timely to serve, explaining: CPLR 32ll(a)(8) provides that a party may move the... Read more »

Posted: January 18, 2019

Delay Not Fatal to Motion to Amend

On November 14, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Energy Conservation Group, LLC v. Applied Underwriters, Inc., 2018 NY Slip Op. 33436(U), granting a motion to amend even though there was a delay in making the motion, explaining: CPLR §3025(b) provides that leave to amend a pleading shall be freely given... Read more »

Posted: January 17, 2019

Court Rejects Defense That Arbitration Agreement Was Signed Under Duress

On January 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Kahan Jewelry Corp. v. First Class Trading, L.P., 2019 NY Slip Op. 30039(U), rejecting a defense that an arbitration agreement was signed under duress, explaining: It is well settled that repudiation of an agreement on the ground that it... Read more »

Posted: January 16, 2019

Subcontractor Prevails on Lien Law Claim

On January 9, 2019, the Second Department issued a decision in C.C.C. Renovations, Inc. v. Victoria Towers Dev. Corp., 2019 NY Slip Op. 00089, holding that a subcontractor should have prevailed on a Lien Law claim, explaining: Lien Law § 3 provides that a contractor who performs labor or furnishes materials for the improvement of real property... Read more »

Posted: January 14, 2019

Contract Term Shortening Statute of Limitations Must Be Clear, Unambiguous, Reasonable and Fair

On December 13, 2017, Justice Paris of the Onondaga County Commercial Division issued a decision in Jesiolowski Enters., Inc. v. Data Key Holdings, LLC., 2017 NY Slip Op. 52025(U), holding that a contract term limiting the time in which to assert a claim was unenforceable because it was not clear, unambiguous, reasonable and fair, explaining: Although... Read more »

Posted: January 13, 2019

Defendant Denied Dismissal of Tortious Interference Claim Based on Economic Interest Defense

On January 8, 2019, the First Department issued a decision in Normandy Real Estate Partners LLC v. 24 E. 12th St. Assoc. LLC, 2019 NY Slip Op. 00060, holding that a defendant was not entitled to dismissal of a tortious interference claim based on an economic interest defense, explaining: The complaint states a cause of action for... Read more »

Posted: January 11, 2019

Breach of Fiduciary Duty Claim Dismissed Under Business Judgment Rule

On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision in IsZo Capital LLP. v. Bianco, 2018 NY Slip Op. 33384(U), dismissing a breach of fiduciary claim under the business judgment rule, explaining: Plaintiffs allege Defendant Bianco failed to consent to refinancing the 111 W. 57th Street project, resulting in... Read more »

Posted: January 10, 2019

Court Imposes Preclusion Sanction on Defendant for Spoliation of Evidence

On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., 2018 NY Slip Op. 33385(U), imposing a preclusion sanction on a defendant for spoliation of evidence, explaining: Under the common law doctrine of spoliation, dismissal is appropriate where key... Read more »