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: November 15, 2018

Award of Lost Profits Upheld

On November 9, 2018, the Fourth Department issued a decision in Henderson Harbor Mariners’ Mar., Inc. v. Upstate Natl. Bank, 2018 NY Slip Op. 07555,, upholding an award of lost profits, explaining: We reject defendant’s contention that the trial court erred in denying its motion to set aside the verdict and for judgment in its favor… Read more »

Posted: November 14, 2018

Because Court Allowed Plaintiff to Amend Complaint, Court Erred in Deciding Summary Judgment Motion Before Defendant Answered Amended Complaint

On November 7, 2018, the Second Department issued a decision in R&G Brenner Income Tax Consultants v. Gilmartin, 2018 NY Slip Op. 07470, holding that because the IAS court allowed the plaintiff to amend its complaint, the court erred in deciding the plaintiff’s summary judgment motion before the defendant had answered the amended complaint, explaining: Here, contrary… Read more »

Posted: November 13, 2018

Fraud Claim Dismissed Because of Sophisticated Investor’s Lack of Due Diligence

On October 29, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Unique Goals Intl., Ltd. v. Finskiy, 2018 NY Slip Op. 32788(U), dismissing a fraud claim because of the sophisticated plaintiff’s lack of due diligence, explaining: The first cause of action for fraud is asserted by Faith Union and Unique… Read more »

Posted: November 12, 2018

Dismissal With Prejudice of Federal Securities Law Claims Does Not Bar Common Law Fraud Claims

On October 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Brown v. Cerebus Capital Mgt., L.P., 2018 NY Slip Op. 32782(U), holding that the prior dismissal with prejudice of federal securities law claims does not bar new common law fraud claims, explaining: In the first through eighth causes of… Read more »

Posted: November 11, 2018

Plaintiff Asserting Derivative Claims Must be Represented by Counsel

On November 1, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Park v. Song, 2018 NY Slip Op. 28343, holding that a plaintiff asserting derivative claims must be represented by counsel, explaining: Whether a derivative plaintiff can maintain claims without being represented by counsel is a question of first impression under… Read more »

Posted: November 10, 2018

Minority Shareholders Must Give Other Shareholders an Opportunity to Buy Their Shares

On October 24, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in Matter of Marro (Marjod Realty Corp.), 2018 NY Slip Op. 51502(U), holding that minority shareholders were required to give other shareholders an opportunity to purchase their shares, explaining: Business Corporation Law 1104-a provides that the holders of 20% or… Read more »

Posted: November 9, 2018

Corporate Officer May Be Held Liable for Corporation’s Conversion

On October 31, 2018, the Second Department issued a decision in Starr Indem. & Liab. Co. v. Global Warranty Group, LLC, 2018 NY Slip Op. 07346, holding that the plaintiff had sufficiently plead claims to hold corporate officers liable for the corporation’s conversion of the plaintiff’s property, explaining: A corporate officer, although acting for the benefit of… Read more »

Posted: November 8, 2018

Waiver of Right to Proceed Against Debtor Did Not Waive Right to Enforce Guaranty

On October 31, 2018, the Second Department issued a decision in Pitsy, LLC v. Rindenow, 2018 NY Slip Op. 07340, holding that a plaintiff’s waiver of claims against a debtor did not waive the plaintiff’s claims to enforce a guaranty against the debtor’s guarantor, explaining: [T]he plaintiff demonstrated its prima facie entitlement to judgment as a… Read more »

Posted: November 7, 2018

Legal Malpractice Claim Properly Dismissed as Time-Barred

On October 30, 2018, the First Department issued a decision in Brean Murray, Carret & Co. v. Morrison & Foerster LLP, 2018 NY Slip Op. 07238, affirming the dismissal of a legal malpractice claim as time-barred, explaining: The malpractice claim was properly dismissed as time-barred, and the doctrine of equitable estoppel will not toll a limitations… Read more »

Posted: November 6, 2018

Action Dismissed Because GBL 130 Violation Was Not Curable

On October 30, 2018, the First Department issued a decision in Robert v. Ringerjeans, LLC, 2018 NY Slip Op. 07272, dismissing an action due to an uncurable GBL 130 violation, explaining: General Business Law § 130(9)’s prohibition against a person in violation of General Business Law § 130(1) maintaining any action or proceeding in any court in… Read more »