On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh & Assoc., Inc., 2020 NY Slip Op. 05792, holding that a malpractice claim against an appraiser did not accrue when the appraiser issued the appraisal, but rather when the client received the appraisal . . .
On October 15, 2020, the First Department issued a decision in Lembo v. Rosania, 2020 NY Slip Op. 05816, holding that a contract existed based on an exchange of e-mails even though non-material terms of the agreement were left for later negotiation . . .
The Office of Court Administration has asked for public comment on a proposed new Commercial Division rule regarding remote proceedings.
On October 13, 2020, the First Department issued a decision in Weisenfeld v. Iskander, 2020 NY Slip Op. 05710, holding that a contract was void for lack of consideration . . .
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in CPI Aerostructures, Inc. v. Air Indus. Group, 2020 NY Slip Op. 33249(U), holding that a motion for relief under Article 76 cannot be made in an earlier action that has been concluded . . .
On October 13, 2020, the First Department issued a decision in Vector Media, LLC v. Go New York Tours Inc., 2020 NY Slip Op. 05707, enforcing a contract term providing that there would be no remedy at law in the event of a breach . . .
On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Fava v. Morgan Stanley Smith Barney, Inc., 2020 NY Slip Op. 33358(U), holding that a party cannot participate in an arbitration without challenging its jurisdiction in court and later seek to vacate an award based on lack of jurisdiction . . .
On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Slice Bus. Mktg., Inc. v. Kipp, 2020 NY Slip Op. 33361(U), holding that a tortious interference claim failed without allegations of wrongful means . . .
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the presenters at a CLE for the New York City Bar entitled Hyperlinking and Other Recent Commercial Division Developments.
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Castleton Commodities Merchant Trading, L.P. v. Soleil Chartered Bank, 2020 NY Slip Op. 33290(U), holding that a letter of credit was not an instrument for the payment of money only for purposes of CPLR 3213 . . .