On March 1, 2021, Justice DeStefano of the Nassau County Commercial Division issued a decision in A.D.E. Sys., Inc. v. Gil-Bar Indus., Inc., 2021 NY Slip Op. 31552(U), holding that a tortious interference with prospective business relations claim failed for lack of factual allegations of bad conduct . . .

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On May 4, 2021, the First Department issued a decision in J.G. Jewelry Pte. Ltd. v. TJC Jewelry, Inc., 2021 NY Slip Op. 02747, holding that defendants waived an objection to service by failing to raise it in a pre-answer motion to dismiss . . .

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On May 04, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 2021 NY Slip Op. 02737, holding that the nonsignatory of an agreement containing an arbitration clause could compel arbitration because of its close relationship to signatory . . .

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On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Metropolitan Transp. Auth. v. Westfield Fulton Ctr., LLC, 2021 NY Slip Op. 31367(U), holding that when parties agree only to a narrow agreement to AAA arbitration, it is for the court, not the AAA, to decide if a claim is arbitrable . . .

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On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmington Trust, N.A., 2021 NY Slip Op. 02355, holding that questions of fact precluded dismissal of claims against an indenture trustee, rejecting the argument that the trustee’s duties were merely ministerial . . .

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On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of 141 Fifth Ave. Condominium v. 141 Acquisition Assoc. LLC, 2021 NY Slip Op. 50343(U), holding that a common law indemnification claim failed because the putative indemnitee had settled its claim . . .

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On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02686, holding that the great deference afforded arbitral awards mandated the refusal to vacate an award . . .

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On April 30, 2021, the Fourth Department issued a decision in DiMarco Constructors, LLC v. Top Capital of N.Y. Brockport, LLC, 2021 NY Slip Op. 02680, holding that a Lien Law claim cannot be defeated by evidence that an improper diversion of trust fund assets was cured by a later payment of non-trust assets . . .

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On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dragonetti Bros. Landscaping Nursery & Florist, Inc. v. Verizon N.Y., Inc., 2021 NY Slip Op. 50375(U), holding that a general objection to the obligation to pay a bill was sufficient to defeat an account stated claim . . .

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On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc., 2021 NY Slip Op. 02452, holding that holder claims are not actionable under New York law . . .

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