On July 9, 2020, the First Department issued a decision in Angiolillo v. Christie’s, Inc., 2020 NY Slip Op. 03848, holding that statements made by a defendant’s counsel in an internal investigation upon which the defendant later relied were party admissions . . .
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stairway Legacy Assets, L.P. v. McKenna Long & Aldridge, LLP, 2020 NY Slip Op. 32150(U), analyzing the timliness of a motion to confirm an arbitral award . . .
On July 1, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Farago Advertising, Inc. v. Barnes & Noble, Inc., 2020 NY Slip Op. 32106(U), dismissing an account stated claim because of the plaintiff’s irregular billing practices . . .
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF Inc. v. Andron Constr. Corp., 2020 NY Slip Op. 31980(U), rejecting a cross-motion for summary judgment made after the statutory deadline for filing . . .
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 . . .
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 . . .
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 . . .
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 . . .
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 . . .