On February 18, 2020, the First Department issued a decision in Sabby Healthcare Master Fund Ltd. v. Microbot Med. Inc., 2020 NY Slip Op. 01129, holding that material misrepresentations justified rescission of an agreement . . .
On February 11, 2020, the First Department issued a decision in Matter of Diet Drug Litig. v. Wyeth-Ayerst Labs., 2020 NY Slip Op. 00993, upholding the disqualification of a law firm because some of the firm’s members would be trial witnesses . . .
On February 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Wey v. NASDAQ, Inc., 2020 NY Slip Op. 50210(U), holding that a dismissal based on excluded evidence was an insufficient basis for a malicious prosecution claim . . .
On February 13, 2020, the First Department issued a decision in Galpern v. Air Chefs, L.L.C., 2020 NY Slip Op. 01021, holding that a plaintiff was not entitled to summary judgment on a guaranty because it could not be authenticated by a disinterested witness . . .
On February 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Fosshage v. Mitta Water Holdings, LLC, 2020 NY Slip Op. 30296(U), dismissing a 3211(a)(1) motion based on e-mails . . .
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in My Size, Inc. v. North Empire LLC, 2020 NY Slip Op. 30276(U), holding that a plaintiff had sufficiently alleged jurisdiction over a defendant that had not traveled to New York . . .
On January 24, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Street Line, Inc. v. Capital Logistics & Warehousing Group, Inc., 2020 NY Slip Op. 30330(U), vacating a late-filed notice of discontinuance . . .
On February 3, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Curacao Oil N.V. v. Trafigura Pte. Ltd., 2020 NY Slip Op. 30254(U), holding that a contract provision providing for a third-party’s binding assessment of the quality of a product was binding even where that assessment did not cover all product quality requirement . . .
On January 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Zunzurovski v. Bukefal LLC, 2020 NY Slip Op. 30264(U), holding that an LLC’s managing members had fiduciary duties to its non-managing member . . .