On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Williams LLP, 2021 NY Slip Op. 00082, holding that a former client can bring breach of contract, as well as malpractice, claims against counsel . . .
Commercial Division Blog
Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit
On January 5, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY Slip Op. 00025, holding that a party may not relitigate an issue of law that it lost in an earlier lawsuit . . .
Verified Complaint Has Same Effect as an Affidavit
On December 24, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Solomon Capital, LLC v. Lion Biotechnologies, Inc., 2020 NY Slip Op. 34359(U), holding that a verified complaint has the same effect as an affidavit . . .
Law of the Case Doctrine Applies to Actions Consolidated for Trial
On December 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Darabont v. AMC Network Entertainment LLC, 2020 NY Slip Op. 34342(U), holding that the law of the case doctrine applies to actions consolidated for trial . . .
Res Judicata Bars Plaintiff From Relitigating Previously-Litigated Claims
On January 5, 2021, the First Department issued a decision in Bauhouse Group I, Inc. v. Kalikow, 2021 NY Slip Op. 00001, holding that res judicata barred a plaintiff from relitigating previously-litigated claims . . .
Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud
Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims
On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 2020 NY Slip Op. 08039, holding that a plaintiff waived its right to a jury trial by pleading both legal and equitable claims . . .
Mutual Mistake Claim Fails
On December 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision in D.E. Shaw Composite Holdings, L.L.C. v. Terraform Power, LLC, 2020 NY Slip Op. 34294(U), dismissing a claim for mutual mistake . . .
Court Finds Defendant Bound by Indemnification Provision
On December 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Playboy Enters. Intl., Inc. v. Meredith Corp., 2020 NY Slip Op. 34295(U), holding that a defendant was bound by a contractual indemnification provision . . .
Shareholder of Dissolved LLC Has Standing to Bring Derivative Action
On December 9, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Mari v. Quatela, 2020 NY Slip Op. 34274(U), holding that a shareholder in a dissolved limited liability company has standing to bring a derivative action . . .