Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: September 20, 2020

Relator Not Entitled to Share of Settlement Negotiated by Government When Relator’s Qui Tam Claims Were Dismissed

On September 14, 2020, Justice Friedman of the New York County Commercial Division issued a decision in People ex rel. FX Analytics v. Bank of N.Y. Mellon Corp., 2020 NY Slip Op. 33013(U), holding that a New York False Claims Act relator was not entitled to a share of a settlement negotiated by the government when the relator’s False Claims Act claims had been dismissed . . .


Posted: September 11, 2020

Breach of Contract and Fraud Claims Cannot Co-Exist if They Are Based on the Same Underlying Facts

On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud claim is duplicative of a contract claim warranting dismissal under CPLR 3211. In 5 E. 59th Realty Holding Co., LLC v. Leahey, 2020 NY Slip Op. 32751(U), Justice Masley confirmed longstanding New York precedent that a fraud claim and a breach of contract claim cannot co-exist in a litigation if they are based on the same underlying facts and seek the same remedy . . .