On November 17, 2020, the First Department issued a decision in Diwan v. Grinberg, 2020 NY Slip Op. 06708, affirming a forum non conveniens dismissal . . .
On November 12, 2020, the Second Department issued a decision in Countrywide Home Loans Servicing, L.P. v. Vorobyov, 2020 NY Slip Op. 06492, holding that an affidavit attesting to the content of business records without attaching them was inadmissible hearsay . . .
On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip Op. 06499, holding that a settlement agreement requiring the sale of real property was unenforceable under the Statute of Frauds . . .
On November 12, 2020, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Brown, 2020 NY Slip Op. 06576, holding that a court erred by sua sponte dismissing an action for failure to prosecute . . .
On November 12, 2020, the First Department issued a decision in McGowan v. Clarion Partners, LLC, 2020 NY Slip Op. 06456, holding that a term sheet was not a binding agreement because it was contingent on later, formal documentation . . .
On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Brooklyn 14 Park Slope Platinum, LLC, 2020 NY Slip Op. 06387, holding that a mere guarantor was bound by an agreement’s arbitration clause . . .
On November 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Western & S. Life Ins. Co. v. U.S. Bank N.A., 2020 NY Slip Op. 51307(U), holding that an RMBS trustee’s obligation to hold the trust’s contractual rights and to exercise them for the benefit of certificateholders includes an affirmative duty to enforce those rights . . .
On November 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Silver Point Capital Fund, L.P. v. Riviera Resources, Inc., 2020 NY Slip Op. 51308(U), holding that a fraud claim based on an omission fails because the material information was withheld for securities law reasons . . .
On November 05, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 06369, holding that there was no entitlement to indemnification or advancement in a suit between contracting parties because the indemnification provision did not unequivocally reflect that intent . . .
On October 23, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Doka USA, Ltd. v. Manny P Concrete, Inc., 2020 NY Slip Op. 33618(U), holding that an e-mail between counsel cannot form a binding agreement if the e-mail does not have that attorney’s typed e-mail signature . . .