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 24, 2019

Interlocutory Arbitral Awards Not Subject to Judicial Review

On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman, 2019 NY Slip Op. 08936, holding that interlocutory arbitral awards are not subject to judicial review, explaining: The arbitrator’s orders were issued in connection with the sale process that followed the issuance of a partial final arbitral... Read more »

Posted: December 23, 2019

Trial Court Properly Declined to Decide Issue of Reasonable Reliance on Summary Judgment

On December 17, 2019, the First Department issued a decision in Norddeutsche Landesbank Girozentrale v. Tilton, 2019 NY Slip Op. 08965, holding that a trial court properly declined to decide the question of a plaintiff’s reasonable reliance on summary judgment, explaining: Summary judgment is precluded by issues of fact as to whether plaintiffs’ losses were... Read more »

Posted: December 21, 2019

Claims Found to Have Been Timely Asserted in Initial Complaint That Never Was Served Because of Lack of Objection

On December 17, 2019, the Court of Appeals issued a decision in Vanyo v. Buffalo Police Benevolent Assn., Inc., 2019 NY Slip Op. 08980, holding that claims that were timely asserted in an initial complaint were timely even though that complaint was not served, explaining: While recognizing that this case presents a unique procedural posture,... Read more »

Posted: December 20, 2019

First Department Upholds Forum Non Conveniens Dismissal

On December 12, 2019, the First Department issued a decision in JTS Trading Ltd. v. Asesores, 2019 NY Slip Op. 08935, upholding a dismissal on forum non conveniens grounds, explaining: In determining whether an action should be dismissed for forum non conveniens, plaintiff’s choice of forum is entitled to strong deference. Among the factors to... Read more »

Posted: December 15, 2019

Parties Bound by Unsigned Contract

On December 3, 2019, the First Department issued a decision in Lerner v. Newmark & Co. Real Estate, Inc., 2019 NY Slip Op. 08611, holding that parties were bound by an unsigned contract based on their conduct, explaining: Plaintiff has also stated a claim for breach of the Termination Agreement, dated June 16, 2016, and... Read more »

Posted: December 13, 2019

Quantum Meruit Claim Barred by Contract Covering Same Subject Matter Even Though Defendant Was Not Signatory

On December 5, 2019, the First Department issued a decision in J.T. Magen & Co., Inc. v. Nissan N. Am., Inc., 2019 NY Slip Op. 08784, holding that a quantum meruit claim was barred by the existence of a contract covering the same subject matter even though the defendant did not sign the contract, explaining:... Read more »