On February 24, 2021, the Second Department issued a decision in Sutton v. Houllou, 2021 NY Slip Op. 08211, holding that a party that contracted with a non-existent company cannot avoid its obligations under the contract to the persons who signed it on behalf of the non-existent company . . .
Commercial Division Blog
Loss of Patent Protection Caused by Client’s Failure to Give its Counsel Correct Facts Cannot Be Basis for Malpractice Claim
On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Morgan & Mendel Genomics v. Amster Rothstein & Ebenstein, LLP, 2021 NY Slip Op. 30465(U), holding that the loss of patent protection caused by the client’s failure to give its counsel the correct facts cannot be the basis for a legal malpractice claim . . .
Pandemic Not Basis for Refusal to Pay Rent Under Commercial Lease
On January 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, 2021 NY Slip Op. 50119(U), holding that the COVID pandemic was not a basis for a refusal to pay rent under a commercial lease . . .
Exchange of E-Mails Insufficient to Create Contract, but Could Serve as Basis of Unjust Enrichment Claim
On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant LLC, 2021 NY Slip Op. 01135, holding that an exchange of e-mails was insufficient to create a contract, but could serve as the basis of an unjust enrichment claim . . .
Second Department Upholds Sanction for Failure to Appear at Deposition
On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. v. Geller Law Group, P.C., 2021 NY Slip Op. 01034, upholding sanctions for failure to appear at a deposition . . .
Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure
On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bridgecity Capltal QOB LLC v. 1717 E. 8 St LLC, 2021 NY Slip Op. 30406(U), holding that the pandemic-related foreclosure stay did not apply to a commercial foreclosure . . .
Plaintiffs Cannot Avoid Application of Liquidated Damages Clause
On February 8, 2021, Justice Sherwood of the New York County Commercial Division issued a decision in Raven Capital Mgt. LLC v. Georgia Film Fund 72, LLC, 2021 NY Slip Op. 30393(U), rejecting plaintiffs’ attempt to avoid the application of a liquidated damages clause . . .
Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly, 2021 NY Slip Op. 00833, holding that conclusory allegations were an insufficient basis for a Judiciary Law 487 claim . . .
Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Olam Corp. v. Thayer, 2021 NY Slip Op 30345(U), holding that leave to amend a complaint should be denied if the proposed complaint could not survive a motion to dismiss . . .
Plaintiff Fails to Make Strong Showing Needed to Avoid Enforcement of Forum Selection Clause
On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Stein v. United Wind, Inc., 2021 NY Slip Op. 50095(U), holding that a plaintiff had failed to make the strong showing needed to avoid the enforcement of a forum selection clause . . .