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 . . .
On August 6, 2020, the First Department issued a decision in A&F Hamilton Hgts. Cluster, Inc. v. Urban Green Mgt., Inc., 2020 NY Slip Op. 04440, holding that a partnership agreement cannot be modified by conduct . . .
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 . . .
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 contract claim . . .
On August 2, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Board of Directors of Big Deal Realty on Greene St., Inc. v. 60G 133 Greene St. Owner, LLC, 2020 NY Slip Op. 50885(U), holding that the transfer of an interest in a tenant does not constitute an assignment of a lease . . .
On June 24, 2020, Joseph Risi of the Queens County Commercial Division issued a decision in Chinun LLC v. UNO A Brokerage Inc., 2020 NY Slip Op. 32476(U), holding that an impleader claim was not limited to a claim for indemnification related to the first-party claims . . .
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 . . .
On July 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Babani v. Royal Chain, Inc., 2020 NY Slip Op. 32468(U), holding that the statute of frauds does not bar a claim based on an alleged oral partnership agreement . . .
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in United Staffing Solutions, Inc. v. Humanedge, Inc., 2020 NY Slip Op. 32404(U), holding that at-will employees do not have a fiduciary duty to their employer . . .
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32405(U), holding that a claim was timely under New York’s borrowing statute . . .