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 . . .
Posted: January 19, 2021
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Commercial Division Blog
Posted: January 18, 2021
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 . . .
Posted in Commercial, Default Judgment
Posted: January 17, 2021
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 . . .
Posted: January 16, 2021
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 . . .
Posted: January 15, 2021
Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud
Posted in Commercial, Forum Selection Clause
Posted: January 14, 2021
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 . . .
Posted in Commercial, Court Rules/Procedures
Posted: January 13, 2021
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 . . .
Posted in Commercial, Contracts
Posted: January 12, 2021
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 . . .
Posted in Commercial, Indemnification and Advancement
Posted: January 11, 2021
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 . . .
Posted in Commercial, Derivative Actions
Posted: January 10, 2021
Conflict Claims Insufficient for Derivative Claim to Survive
On December 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bezio v. General Elec. Co., 2020 NY Slip Op. 34299(U), holding that conflict of interest claims against a trustee were insufficient to withstand a motion to dismiss . . .