On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dual Diagnosis Treatment v. Complete Bus. Solutions, 2020 NY Slip Op. 31936(U), holding that delay in moving to amend is no basis for denying the motion if the other party is not prejudiced . . .
On June 25, 2020, the First Department issued a decision in Arena Riparian LLC v. CSDS Aircraft Sales & Leasing Co., 2020 NY Slip Op. 03589, holding that a fraud claim cannot be based on lost profits . . .
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Deane v. Brodman, 2020 NY Slip Op. 31880(U), holding that accountants did not have a fiduciary duty to their client . . .
On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Valero Refining-Meraux LLC v Murphy Oil Corp., 2020 NY Slip Op. 31835(U), holding that specific representations and warranties control over a general “as is” clause . . .
On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Patel v. Patel, 2020 NY Slip Op. 31864(U), rejecting the argument that mental illness rendered a person not of suitable discretion to receive service . . .
On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT) v. Weston Capital Partners Master Fund II, Ltd., 2020 NY Slip Op. 03279, holding the funding litigation does not violate the champerty statute . . .
On June 4, 2020, Justice Borrok of the New York County Commercial Division issued a decision in LSG 105 W. 28th LLC v. Sinclair, 2020 NY Slip Op. 31764(U), holding that defendants could not be liable for prima facie tort when they were motivated by more than disinterested malevolence . . .
On April 4, 2020, Justice Masley of the New York County Commercial Division issued a decision in D. Karnofsky, Inc. v. Rozof, 2020 NY Slip Op. 31748(U), dismissing derivative claims because of the plaintiff’s failure to give the board adequate time to respond to the plaintiff’s demand . . .
On June 23, 2020, the Court of Appeals accepted two pairs of certified questions–one from the United States Court of Appeals for the Second Circuit and one from the United States Court of Appeals for the Ninth Circuit–regarding New York’s usury laws . . .
On June 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Rutigliano v. Locantro, 2020 NY Slip Op. 31768(U), holding that derivative claims based on the misconduct of corporate officers were barred by the in pari delicto doctrine . . .