On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in April 2020 that, because of the COVID-19 pandemic, finally were argued in September 2019 . . .
On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Sandler v. Independent Living Aids LLC, 2020 NY Slip Op. 32879(U), excusing a party’s failure to respond to a notice to admit when the questions went to disputed issues . . .
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Frequency Elecs., Inc. v Bloch, 2020 NY Slip Op. 51036(U), holding that consent to jurisdiction in New York state does not mean consent to venue in any county in New York state . . .
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Zexin (HK) Leather Co., Ltd. v. Accessories Direct, Intl. USA, Inc., 2020 NY Slip Op. 32895(U), granting a defendant the opportunity to cure its default . . .
On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud claim is duplicative of a contract claim warranting dismissal under CPLR 3211. In 5 E. 59th Realty Holding Co., LLC v. Leahey, 2020 NY Slip Op. 32751(U), Justice Masley confirmed longstanding New York precedent that a fraud claim and a breach of contract claim cannot co-exist in a litigation if they are based on the same underlying facts and seek the same remedy . . .
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New York Univ. v. Turner Constr. Co., 2020 NY Slip Op. 51030(U), holding that the need to conduct additional discovery or additional liability were not prejudice for purposes of a motion to amend . . .
On August 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in First Equity Realty v. Harmony Group, II, 2020 NY Slip Op. 50973(U), analyzing the application of the doctrine of equitable estoppel to the statute of limitations . . .
On August 14, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Atilgan v. Azuz, 2020 NY Slip Op. 32734(U), holding that a party’s death stays an action until a replacement substitutes in . . .
On August 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 5 E. 59th Realty Holding Co., LLC v. Leahey, 2020 NY Slip Op. 32751(U), dismissing a fraud claim as duplicative of a contract claim . . .
On August 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Storper v. WL Ross & Co., LLC, 2020 NY Slip Op. 32742(U), holding that a claim for an accounting may be made whenever a fiduciary relationship exists . . .