Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP

Posts Categorized: Commercial

Posted: May 12, 2019

Fraud in the Inducement Claim Not Duplicative of Breach of Contract Claim

On May 1, 2019, the Second Department issued a decision in 260 Mamaroneck Ave., LLC v. Guaraglia, 2019 NY Slip Op. 03307, holding that a fraudulent inducement claim was not duplicative of a breach of contract claim, explaining: The plaintiff alleged, inter alia, that the defendant falsely represented in the contract of sale that he had... Read more »

Posted: May 11, 2019

Unjust Enrichment Claim Dismissed for Failure to Aledge How the Defendant Was Unjustly Enriched

On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Tapestry, Inc. v. Gibb, 2019 NY Slip Op, 31055(U), dismissing an unjust enrichment claim for failure to allege how the defendant was enriched, explaining: In Count V, Tapestry alleges that Gibb and Tidal were unjustly enriched by their wrongful... Read more »

Posted: May 10, 2019

Justice Platkin Analyzes Enforcement of Forum Selection Clauses

On April 17, 2019, Justice Platkin of the Albany County Commercial division issued a decision in New York State Workers’ Compensation Bd. v. Episcopal Church Home & Affiliates, Inc., 2019 NY Slip Op. 29117, analyzing the law governing the enforcement of forum selection clauses: CPLR 501 provides that a written agreement fixing place of trial,... Read more »

Posted: May 7, 2019

Fraudulent Inducement Counterclaim Dismissed for Failure to Allege Out-of-Pocket Damages

On April 12, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Madeof, LLC v Bronson, 2019 NY Slip Op. 31058(U), dismissing a fraudulent inducement claim for failure to allege out-of-pocket damages, explaining: In Count IV Fraudulent Inducement, Bronson seeks damages for having divested herself from Bomganic via the Termination Agreement.... Read more »

Posted: May 6, 2019

Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy

On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Selendy v. Quinn Emanuel Urquhart & Sullivan, LLP, 2019 NY Slip Op. 29119, holding that an arbitrator, not the court, should decide whether a contract provision was unenforceable as a matter of New York public policy, explaining: When determining... Read more »

Posted: April 30, 2019

Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution

On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip Op. 02697, holding that trial court should not have sua sponte dismissed an action for want of prosecution, explaining: The Supreme Court should not have, in effect, pursuant to CPLR 3216, sua sponte, dismissed the amended complaint, as the... Read more »

Posted: April 29, 2019

Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity

On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip Op. 02663, dismissing a defamation claim for failure to plead the circumstances of the defamatory statement with particularity, explaining: The more recent statements are not actionable because plaintiff failed to set forth the exact words complained of... Read more »

Posted: April 28, 2019

Court Upholds Unfair Competition Claim Based on Theft of Trade Secrets

On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Weil v. Stenzler, 2019 NY Slip Op. 30966(U), upholding an unfair competition claim based on a theft of trade secrets, explaining: Under New York law, the primary concern in unfair competition is the protection of a business from another’s... Read more »