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: December 19, 2020

Plaintiff Prevailing Party, Entitling it to Fees, Even Though it Only Was Awarded Nominal Damages

On December 8, 2020, the First Department issued a decision in Quik Park W. 57 LLC v. Bridgewater Operating Corp., 2020 NY Slip Op. 07323, holding that plaintiffs that only were awarded nominal damages still were prevailing parties, entitling them to fees under the parties’ contract, explaining: The trial court properly awarded attorneys’ fees to... Read more »

Posted: December 18, 2020

Breach of Contract Claim Barred by Contract Provision Making Third-Party Quality Assessment Binding

On December 1, 2020, the First Department issued a decision in Curacao Oil N.V. v. Trafigura Pte. Ltd., 2020 NY Slip Op. 07130, holding that a breach of contract claim was barred by a contract provision providing for a third-party to assess compliance with the contract’s quality standards, explaining: The motion court properly dismissed the... Read more »

Posted: December 17, 2020

Court Rejects Effort to Avoid Pre-Judgment Interest

On December 2, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Franco Belli Plumbing & Heating & Sons, Inc. v. Citnalta Constr. Corp., 2020 NY Slip Op. 33953(U), rejecting an attempt to avoid an award of pre-judgment interest, explaining: Next, the branch of Defendants’ motion seeking to compute pre-judgment... Read more »

Posted: December 16, 2020

Allegations That Directors Were Acquainted With Interested Party Insufficient Basis for Claim That They Were Not Disinterested

On December 03, 2020, the First Department issued a decision in Matter of Cadus Corp. Stockholders Litig., 2020 NY Slip Op. 07279, holding that the fact that directors were acquainted with an interested party was an insufficient basis for a claim that they were not independent, explaining: The motion court properly applied the business judgment... Read more »

Posted: December 15, 2020

Notice Provisions Not Strictly-Enforced When Counterparty Receives Actual Notice and is Not Prejudiced

On October 14, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Golden Bridge Realty LLC v. 72nd Rd. Holdings LLC, 2020 NY Slip Op. 33939(U), holding that contractual notice provisions are not strictly enforced when the counterparty has actual notice and is not prejudiced, explaining: The first cause of action... Read more »

Posted: December 14, 2020

Plaintiff Adequately Alleged Aid and Abetting Fraud Where Defendant Allegedly Devised Scheme That Was Used to Deceive Plaintiff

On December 1, 2020, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. KPMG LLP, 2020 NY Slip Op. 07128, holding that a plaintiff had adequately alleged aiding and abetting fraud, explaining: We find that the motion court erred in dismissing plaintiffs’ claim for aiding and abetting fraud. The complaint adequately... Read more »

Posted: December 12, 2020

Judiciary Law Section 487 Claim Dismissed for Lack of Specific, Non-Conclusory Allegations

On December 2, 2020, the Second Department issued a decision in DeMartino v. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, 2020 NY Slip Op. 07163, affirming the dismissal of a Judiciary Law 487 claim for lack of specific, non-conclusory allegations, explaining: Pursuant to Judiciary Law ยง 487, an attorney who is guilty of... Read more »

Posted: December 10, 2020

Motion for Summary Judgment Denied as Untimely

On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sassoon v. CDX Diagnostics, Inc., 2020 NY Slip Op. 33913(U), denying a motion for summary judgment as untimely, explaining: This Court ordered, repeatedly, that all dispositive motion(s) shall be made within 30 days after the filing of the... Read more »