On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Artemus USA LLC v. Leila Taghinia-Milani Inc., 2020 NY Slip Op. 32958(U), holding that an undisclosed principal may sue on a contract made in its agent’s name . . .
On September 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mahmood v. Riverside 1795 Assoc. L.L.C., 2020 NY Slip Op. 20229, holding that a motion to dismiss was not the proper vehicle for challenging the adequacy of a complaint’s class allegations . . .
On September 14, 2020, Justice Friedman of the New York County Commercial Division issued a decision in People ex rel. FX Analytics v. Bank of N.Y. Mellon Corp., 2020 NY Slip Op. 33013(U), holding that a New York False Claims Act relator was not entitled to a share of a settlement negotiated by the government when the relator’s False Claims Act claims had been dismissed . . .
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in 2 Girls Accys LLC v. Larrea, 2020 NY Slip Op. 33005(U), dismissing breach of contract claims for failure to allege damages . . .
On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in April 2020 that, because of the COVID-19 pandemic, finally were argued in September 2019 . . .
On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Sandler v. Independent Living Aids LLC, 2020 NY Slip Op. 32879(U), excusing a party’s failure to respond to a notice to admit when the questions went to disputed issues . . .
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Frequency Elecs., Inc. v Bloch, 2020 NY Slip Op. 51036(U), holding that consent to jurisdiction in New York state does not mean consent to venue in any county in New York state . . .
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Zexin (HK) Leather Co., Ltd. v. Accessories Direct, Intl. USA, Inc., 2020 NY Slip Op. 32895(U), granting a defendant the opportunity to cure its default . . .
On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud claim is duplicative of a contract claim warranting dismissal under CPLR 3211. In 5 E. 59th Realty Holding Co., LLC v. Leahey, 2020 NY Slip Op. 32751(U), Justice Masley confirmed longstanding New York precedent that a fraud claim and a breach of contract claim cannot co-exist in a litigation if they are based on the same underlying facts and seek the same remedy . . .
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New York Univ. v. Turner Constr. Co., 2020 NY Slip Op. 51030(U), holding that the need to conduct additional discovery or additional liability were not prejudice for purposes of a motion to amend . . .