Blogs

Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: January 12, 2020

Alleged Lack of Documentary Evidence Referring to an Oral Contract Insufficient Basis for Dismissing Claim Alleging Such a Contract

On December 19, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Ripka v. Stenzler, 2019 NY Slip Op. 33688(U), holding that an alleged absence of documentary referring to an oral contract was an insufficient basis for finding that no such contract existed, explaining: ...

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Posted in Commercial, Contracts
Posted: January 11, 2020

Three Year Statute of Limitations for Professional Malpractice Cannot be Extended by Re-characterizing Claims as Contract Claims

On December 26, 2019, the Third Department issued a decision in WSA Group, PE-PC v. DKI Eng'g & Consulting USA PC, 2019 NY Slip Op. 09339, holding that the three-year statute of limitations for professional malpractice cannot be extended by re-characterizing claims as contract claims, explaining: ...

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Posted in Commercial, Statute of Limitations/Laches
Posted: January 9, 2020

Questions of Fact Regarding Defendant’s Alleged Misconduct Precluded Dismissal Based on Construction Contract’s No Damages for Delay Clause

On December 26, 2019, the First Department issued a decision in Tyrek Hgts. Erectors, Inc. v. WDF, Inc., 2019 NY Slip Op. 09386, holding that questions of fact regarding a defendant's alleged misconduct precluded dismissal based on a construction contract's no damages for delay clause, explaining: ...

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Posted in Commercial, Contracts
Posted: January 6, 2020

PRESUMPTIVE ADR IN NEW YORK COURTS

The information below is from the City Bar Association regarding a program on the Chief Judge's presumptive ADR initiative. Wednesday, January 22, 2020 | 6:00 p.m. – 8:00 p.m. Program Fee: There is no fee for this event. Please register here. Description: Administrative Judges and key Administrators will discuss the ongoing implementation of the Chief Judge’s Presumptive ADR Initiative – ...

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Posted in Commercial, Arbitation, Mediation and Other ADR
Posted: January 6, 2020

Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach

On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 Union, LLC, 2019 NY Slip Op. 08995, holding that a letter from a buyer's attorney refusing to close on a real estate transaction based on the mistaken view that the seller had breached the sale agreement constituted an anticipatory breach of the sale agreement, explaining: ...

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Posted in Commercial, Real Property