On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Metropolitan Transp. Auth. v. Westfield Fulton Ctr., LLC, 2021 NY Slip Op. 31367(U), holding that when parties agree only to a narrow agreement to AAA arbitration, it is for the court, not the AAA, to decide if a claim is arbitrable . . .

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On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmington Trust, N.A., 2021 NY Slip Op. 02355, holding that questions of fact precluded dismissal of claims against an indenture trustee, rejecting the argument that the trustee’s duties were merely ministerial . . .

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On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of 141 Fifth Ave. Condominium v. 141 Acquisition Assoc. LLC, 2021 NY Slip Op. 50343(U), holding that a common law indemnification claim failed because the putative indemnitee had settled its claim . . .

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On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02686, holding that the great deference afforded arbitral awards mandated the refusal to vacate an award . . .

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On April 30, 2021, the Fourth Department issued a decision in DiMarco Constructors, LLC v. Top Capital of N.Y. Brockport, LLC, 2021 NY Slip Op. 02680, holding that a Lien Law claim cannot be defeated by evidence that an improper diversion of trust fund assets was cured by a later payment of non-trust assets . . .

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On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dragonetti Bros. Landscaping Nursery & Florist, Inc. v. Verizon N.Y., Inc., 2021 NY Slip Op. 50375(U), holding that a general objection to the obligation to pay a bill was sufficient to defeat an account stated claim . . .

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On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc., 2021 NY Slip Op. 02452, holding that holder claims are not actionable under New York law . . .

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On April 20, 2021, the First Department issued a decision in Salamone v. EIP Global Fund LLC, 2021 NY Slip Op. 02372, holding that fees are considered in determining whether a loan is usurious . . .

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On April 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in W-Systems Corp. v. Mountain Am. Fed. Credit Union, 2021 NY Slip Op. 31393(U), holding that a forum selection clause was not incorporated into a contract when the contract only referred to the agreement containing the forum selection clause, not to the agreement’s forum selection provisions . . .

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On April 29, 2021, the First Department issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC, 2021 NY Slip Op. 02589, holding that a breach of contract claim failed for lack of allegations of damages . . .

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