On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Huntsman Intl., LLC v. Albemarle Corp., 2021 NY Slip Op. 31073(U), soundly rejecting an attempt to disqualify arbitrators . . .
On April 1, 2021, Justice Cohen of the New York County Commercial Division issued a decision in JDS Highline LLC v. 514 W. 24th St. Partners LLC, 2021 NY Slip Op. 31042(U), holding that the remedy for a prohibited transfer is voiding the transfer, not money damages . . .
On April 13, 2021, the First Department issued a decision in Matter of Part 60 RMBS Put – Back Litig., 2021 NY Slip Op. 02252, holding that a duty to notify deal parties of defective loans in an RMBS trust was a separate duty, not a condition precedent to the duty to cure defective loans . . .
On April 13, 2021, the First Department issued a decision in Darabont v. AMC Network Entertainment LLC, 2021 NY Slip Op. 02240, rejecting a good faith and fair dealing claim because it was not raised until summary judgment . . .
On April 13, 2021, the First Department issued a decision in Atsco Footwear Holdings, LLC v. KBG, LLC, 2021 NY Slip Op. 02235, holding that an account stated defense defeated a claim based on the alleged miscalculation of payments . . .
On April 1, 2021, the First Department issued a decision in Boesky v. Levine, 2021 NY Slip Op. 02059, holding that the continuous representation doctrine saved a legal malpractice claim from being time-barred . . .
On April 1, 2021, the First Department issued a decision in Kim v. Francis, 2021 NY Slip Op. 02072, dismissing an appeal for failure to provide proof of service of the record and appeal brief . . .
On April 1, 2021, the First Department issued a decision in Levin v. Salvini, 2021 NY Slip Op. 02074, holding that incidental beneficiaries to a contract cannot bring third-party beneficiary claims . . .
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB Mgt. Corp., 2021 NY Slip Op. 01960, holding that the waiver of defenses in a guaranty prevented the guarantor from asserting affirmative defenses to the guaranty’s enforcement . . .
On March 31, 2021, the Second Department issued a decision in Robinson & Yablon, P.C. v. Sacco & Fillas, LLP, 2021 NY Slip Op. 02003, denying predecessor counsel in a contingency action any share of a contingency fee . . .