On May 8, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Time Warner Cable Enters., LLC v. Accessium Group, Inc., 2020 NY Slip Op. 31426(U), dismissing a GBL 349 claim for lack of consumer impact . . .
On May 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Matter of Sundial Growers Inc. Sec. Litig., 2020 NY Slip Op. 50579(U), holding that puffery is not actionable under the federal securities laws . . .
On May 13, 2020, the Second Department issued a decision in Roman Catholic Church of the Epiphany v. City of New York, 2020 NY Slip Op. 02818, holding that the statute of frauds barred claims based on an alleged oral 99-year lease . . .
On May 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.T. Magen & Co. Inc. v. Nissan N. Am., Inc., 2020 NY Slip Op. 31374(U), rejecting an apex doctrine challenge to an executive’s deposition . . .
On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in First Am. Fin. Corp. v. Verisk Analytics, Inc., 2020 NY Slip Op. 31288(U), holding that a non-recruitment provision in an agreement to sell a business was reasonable, and thus enforceable . . .
On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Reliable Abstract Co., L.L.C., 2020 NY Slip Op. 31293(U), holding that the failure to make a demand for the return of property doomed a conversion claim . . .
On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., 2020 NY Slip Op. 02987, holding that spoliation sanctions were not appropriate when a party preserved evidence as soon as it became aware that litigation was probable . . .
On April 24, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Gorelick v. Cushman & Wakefield, Inc., 2020 NY Slip Op. 31298(U), holding that a liquidated damages clause eliminates the need for the plaintiff to mitigate its damages . . .
On April 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Space Race, LLC v. Alabama Space Science Exhibit Commn., 2020 NY Slip Op. 31299(U), holding that providing legal advice to a person accused of fraud is an insufficient basis for a claim of aiding and abetting fraud . . .
On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Halperin v. Van Dam, 2020 NY Slip Op. 31301(U), holding that a lawyer cannot avoid a malpractice claim by arguing that the client had access to sufficient facts to evaluate a legal issue . . .