Blogs

Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: June 22, 2021

Allegations the Release Was Procured by Fraud Fail When the Alleged Fraud is the Fraud That is the Subject of the Release

On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Chadha v. Wahedna, 2021 NY Slip Op. 50509(U), holding that a fraud claim based on allegations that a release was procured by fraud fail when the alleged fraud is the fraud that was the subject of the release . . .

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Posted: June 20, 2021

When Forum Selection Clause Submitting Only to Federal Jurisdiction is Unenforceable, Parties May Bring Suit in Other Jurisdiction

On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serface Care, Inc. v. Berry Good Labs, LLC, 2021 NY Slip Op. 31900(U), holding that when a forum selection clause selecting only a federal forum is unenforceable, the parties can sue in other jurisdictions . . .

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Posted: June 19, 2021

Broadly-Worded Arbitration Provision Leaves Decision on Whether a Claim is Arbitrable to the Arbitrators

On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ashland Global Holdings, Inc. v. Speedway LLC, 2021 NY Slip Op. 31899(U), holding that a broadly-worded arbitration provision leaves the decision on whether a claim is arbitrable to the arbitrators . . .

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Posted: June 16, 2021

Statute Barring Lease Provisions That Prohibit Tenants from Seeking a Yellowstone Injunction Does Not Apply to Leases Effective Before the Statute was Enacted

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 . . .

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Posted: June 15, 2021

Liquidated Damages Provision Based on Notice of Intention to Redevelop Property Not Enforceable When Tenancy Not Terminated

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 . . .

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