On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Somera Rd. – 1100 Main St., LLC v. TPG RE Fin. 1, Ltd., 2020 NY Slip Op. 32374(U), denying an injunction because the alleged harm could be remedied by money damages . . .
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY Slip Op. 04285, holding that a plaintiff was not entitled to RPL 291’s good faith purchaser for value protections because it was aware of the unrecorded interest . . .
On July 16, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Ezra v. Wilton Group, Inc., 2020 NY Slip Op. 32351(U), allowing reverse veil-piercing claims to go forward . . . .
On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Karen’s Shipping, LLC v. West Side Foods, Inc., 2020 NY Slip Op. 32347(U), dismissing an accounting claim for failure adequately to allege a fiduciary relationship . . .
On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal Tire v. Vitale, 2020 NY Slip Op. 32355(U), holding that service on a doorman at the address shown in the defendant’s DMV records was sufficient service despite the defendant’s claim that he did not live there . . .
To employers, having key employees sign non-competition agreements can be crucial to their business needs. In today’s business environment, competition is fierce and in the information age, brain power and professional knowledge are indispensable business assets. On July 15, 2020, Justice Borrok of the New York County Commercial Division issued a decision in XL Diamonds LLC v. Rosen, 2020 NY Slip Op. 32354(U) regarding the enforceability of a non-competition agreement. . . .
On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Vitra, Inc. v. Ninety-Five Madison Co., L.P., 2020 NY Slip Op. 32389(U), confirming an arbitrator’s award of sanctions . . .
On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan, 2020 NY Slip Op. 04136, affirming the dismissal of a tortious interference claim for lack of allegations of malice or illegal means . . .
On July 22, 2020, the Second Department issued a decision in MacKay v. Paesano, 2020 NY Slip Op. 04155, holding that the plaintiff had failed adequately to allege the existence of a joint venture . . .
On July 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Salamone v. EIP Global Fund LLC, 2020 NY Slip Op. 32295(U), holding that a fee charged in connection with an agreement to forebear from suing to collect on a note was interest for the purposes of New York’s usury laws . . .