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: August 15, 2020

Court Stays Lawsuit Pending Resolution of Prior Pending Arbitration

On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in CMBSW Group, LLC v. Inverness Counsel, LLC, 2020 NY Slip Op. 32525(U), staying a lawsuit pending the resolution of a prior pending arbitration, explaining: The Defendants argue that a stay is appropriate because (i) the same conduct forms... Read more »

Posted: August 14, 2020

Counterclaims Timely Because They Related Back to Date of Complaint

On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Office Group, Inc. v. Sinesio, 2020 NY Slip Op. 32527(U), holding that counterclaims were timely because they related back to the date the complaint was filed, explained: A claim for breach of fiduciary duty requires (1) the existence... Read more »

Posted: August 12, 2020

Plaintiff May Recover in Quasi-Contract From a Stranger to the Contract in the Interest of Justice

On July 30, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Matthews v. Symbion Power LLC, 2020 NY Slip Op. 20189, holding that a plaintiff may recover in quasi-contract from a stranger to a contract in the interest of justice, explaining: While generally a plaintiff may not recover in... Read more »

Posted: August 11, 2020

Claim for Breach of Covenant of Good Faith and Fair Dealing Upheld Even Though it Sought the Same Damages as Breach of Contract Claim

On August 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Truetox Labs., LLC v. Healthfirst PHSP, Inc., 2020 NY Slip Op. 50900(U), upholding a claim for breach of the covenant of good faith and fair dealing even though it sought the same damages as the plaintiff’s breach of... Read more »

Posted: August 7, 2020

Court Refuse to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel’s Engagement

On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v. Chowdhury, 2020 NY Slip Op. 32491(U), refusing to dismiss a legal malpractice action because there were questions of fact regarding whether counsel had been engaged by the plaintiff, explaining: [T]he court concludes that the allegations of the... Read more »