On May 20, 2021, the First Department issued a decision in Roam Capital, Inc. v. Asia Alternatives Mgt. LLC, 2021 NY Slip Op. 03269, holding that a party may amend a complaint as of right while a motion to dismiss is pending . . .
On April 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 159 MP Corp. v. Redbridge Bedford LLC, 2021 NY Slip Op. 31716(U), holding that the recently-enacted statute barring lease provisions that prohibit tenants from seeking a Yellowstone injunction does not apply to leases that were effective before the statute was enacted . . .
On May 25, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Prada USA Corp. v. 724 Fifth Fee Owner LLC, 2021 NY Slip Op. 50494(U), holding that a liquidated damages provision based on notice of an intention to redevelop a property was not enforceable when the tenancy was not terminated . . .
On May 18, 2021, the First Department issued a decision in Garda USA, Inc. v. Sun Capital Partners, Inc., 2021 NY Slip Op. 03146, holding that a party to an agreement not to disclose ongoing negotiations can be held liable for revealing those negotiations . . .
On May 20, 2021, the First Department issued a decision Capin & Assoc., Inc. v. Herskovitz, 2021 NY Slip Op. 03249, holding that a broker was not entitled to a commission because it was not the procuring cause of a sale . . .
On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP v. World Class Capital Group, LLC, 2021 NY Slip Op. 03252, holding that the alleged failure to have a written engagement letter was an insufficient basis to vacate an abritral award in a legal fee dispute . . .
On May 27, 2021, the First Department issued a decision in CIP GP 2018, LLC v. Koplewicz, 2021 NY Slip Op. 03370, holding that unjust enrichment and breach of contract claims are not duplicative when there is a question of fact regarding the existence of a contract . . .
On May 20, 2021, the First Department issued a decision in Sky Coverage Inc. v. Alwex Inc., 2021 NY Slip Op. 03271, holding that a plaintiff was not entitled to rescission when it had an adequate remedy at law . . .
On May 5, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Flushing Bank v. 609 Kent Ave. Realty, Inc., 2021 NY Slip Op. 31633(U), dismissing a duplicative foreclosure action . . .
On June 1, 2021, the First Department issued a decision in SH575 Holdings LLC v. Reliable Abstract Co., L.L.C., 2021 NY Slip Op. 03427, holding that the theft of funds from a lawyer’s trust account was an insufficient basis for a conversion claim . . .