Blogs

Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: March 28, 2020

Defendant Could Not Terminate Contractor Without Providing Contractually-Required Notice and Opportunity to Cure

On March 3, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Five Star Contr. Cos. Inc. v. Board of Trustees of the Fashion Inst. of Tech., 2020 NY Slip Op. 30688(U), holding that a contractor could not be terminated without being provided the contractually-required notice and opportunity to cure . . .

READ FULL POST

Posted in Commercial, Contracts
Posted: March 27, 2020

Fraud Claim Regarding Company’s Legal Status Fails for Lack of Due Diligence; Status Was Available to Public on Government Website

On March 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Next Fabrics, LLC v. Jomar Inc., 2020 NY Slip Op. 30693(U), holding that a fraud claim based on misrepresentations regarding a company’s incorporation status failed for lack of due diligence because the company’ status was publicly-available . . .

READ FULL POST

Posted: March 25, 2020

That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver

On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2020 NY Slip Op. 30700(U), holding that the fact that counsel might have relevant evidence is insufficient to create an at-issue waiver of privilege . . .

READ FULL POST