On January 19, 2021, the First Department issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2021 NY Slip Op. 00260, holding that an account stated claim prevailed because of the defendant’s failure timely to object to the plaintiff’s invoices . . .
Commercial Division Blog
Non-Consumer Can Bring GBL 349 Claim if Public at Large Has Been Harmed
On January 19, 2021, the First Department issued a decision in KS Trade LLC v. International Gemological Inst., Inc., 2021 NY Slip Op. 00259, holding that a non-consumer can bring GBL 349 claims if the public at large has been harmed . . .
Contract’s Requirement That Party Accept “Reasonable” Purchase Offers Enforceable
On January 13, 2021, the Second Department issued a decision in LMEG Wireless, LLC v. Farro, 2021 NY Slip Op. 00164, holding that a contract’s requirement that a party accept “reasonable” purchase offers was enforceable . . .
Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104, holding that parties that did not sign or benefit from an agreement containing an arbitration provision is not required to arbitrate . . .
Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in BDO USA, LLP v. Stiles, 2021 NY Slip Op. 30064(U), holding that a tortious interference claim cannot be based on an agreement to at-will employment . . .
Court Denies Motion to Seal Documents Because of Failure to Prove Their Sensitivity
On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in Hobish v. AXA Equit. Life Ins. Co., 2020 NY Slip Op. 34378(U), denying a motion to seal documents because of the movant’s failure to prove their sensitivity . . .
Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Victoria’s Secret Stores, LLC v. Herald Sq. Owner LLC, 2021 NY Slip Op. 50010(U), holding that a commercial tenant was not excused from paying rent during state-ordered pandemic store closures . . .
Former Client Can Bring Breach of Contract as Well as Malpractice Claims Against Counsel
On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Williams LLP, 2021 NY Slip Op. 00082, holding that a former client can bring breach of contract, as well as malpractice, claims against counsel . . .
Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit
On January 5, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY Slip Op. 00025, holding that a party may not relitigate an issue of law that it lost in an earlier lawsuit . . .
Verified Complaint Has Same Effect as an Affidavit
On December 24, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Solomon Capital, LLC v. Lion Biotechnologies, Inc., 2020 NY Slip Op. 34359(U), holding that a verified complaint has the same effect as an affidavit . . .