Posted: July 8, 2020
Complaint Dismissed for Failure to Seek Default Judgment Within One Year
Posted in Commercial, Default Judgment
Blogs
Commercial Division Blog
Posted: July 7, 2020
Tortious Interference with Prospective Business Relations Claim Fails for Lack of Evidence of Wrongful Means or Malice
On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY Slip Op. 03637, holding that the plaintiff’s tortious interference with prospective business relations claim failed for lack of evidence of wrongful means or malice . . .
Posted in Commercial, Tortious Interference
Posted: July 7, 2020
Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regarding whether personal tax returns were discoverable. In Safir v Charm City House, LLC, 2020 NY Slip Op. 31619(U), Justice Knipel confirmed longstanding New York precedent that a party’s tax returns are not discoverable absent a showing that they are indispensable to the case at bar . . .
Posted in Commercial, Discovery/Disclosure
Posted: July 6, 2020
Delay in Moving to Amend No Basis for Denying Motion if There is no Prejudice
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dual Diagnosis Treatment v. Complete Bus. Solutions, 2020 NY Slip Op. 31936(U), holding that delay in moving to amend is no basis for denying the motion if the other party is not prejudiced . . .
Posted in Commercial, Court Rules/Procedures
Posted: July 5, 2020
Fraud Claim Cannot be Based on Lost Profits
On June 25, 2020, the First Department issued a decision in Arena Riparian LLC v. CSDS Aircraft Sales & Leasing Co., 2020 NY Slip Op. 03589, holding that a fraud claim cannot be based on lost profits . . .
Posted in Commercial, Fraud/Misrepresentation
Posted: July 4, 2020
Accountants Did Not Have Fiduciary Duty to Client
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Deane v. Brodman, 2020 NY Slip Op. 31880(U), holding that accountants did not have a fiduciary duty to their client . . .
Posted: July 3, 2020
Specific Representations and Warranties Control Over General “As Is” Clause
On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Valero Refining-Meraux LLC v Murphy Oil Corp., 2020 NY Slip Op. 31835(U), holding that specific representations and warranties control over a general “as is” clause . . .
Posted in Commercial, Contracts
Posted: July 2, 2020
Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service
On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Patel v. Patel, 2020 NY Slip Op. 31864(U), rejecting the argument that mental illness rendered a person not of suitable discretion to receive service . . .
Posted in Commercial, Service of Process
Posted: July 1, 2020
Funding Litigation Does Not Violate Champerty Statute
On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT) v. Weston Capital Partners Master Fund II, Ltd., 2020 NY Slip Op. 03279, holding the funding litigation does not violate the champerty statute . . .
Posted in Commercial, Champerty
Posted: June 30, 2020
Prima Facie Tort Claim Fails Because Defendants Were Motivated By More Than Disinterested Malevolence
On June 4, 2020, Justice Borrok of the New York County Commercial Division issued a decision in LSG 105 W. 28th LLC v. Sinclair, 2020 NY Slip Op. 31764(U), holding that defendants could not be liable for prima facie tort when they were motivated by more than disinterested malevolence . . .
Posted in Prima Facie Tort, Commercial