Blogs
Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: November 22, 2020
On November 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Silver Point Capital Fund, L.P. v. Riviera Resources, Inc., 2020 NY Slip Op. 51308(U), holding that a fraud claim based on an omission fails because the material information was withheld for securities law reasons . . .
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Posted: November 18, 2020
On November 05, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 06369, holding that there was no entitlement to indemnification or advancement in a suit between contracting parties because the indemnification provision did not unequivocally reflect that intent . . .
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Posted: November 17, 2020
On October 23, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Doka USA, Ltd. v. Manny P Concrete, Inc., 2020 NY Slip Op. 33618(U), holding that an e-mail between counsel cannot form a binding agreement if the e-mail does not have that attorney’s typed e-mail signature . . .
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Posted: November 16, 2020
On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC, 2020 NY Slip Op. 20289, holding that a tenant not in possession cannot rely on an equitable rule allowing for the late renewal of a commercial lease . . .
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Posted: November 15, 2020
On November 4, 2020, Justice Hudson of the Suffolk County Commercial Division issued a decision in Rizvi v. North Shore Hematology-Oncology Assoc., P.C., 2020 NY Slip Op. 51281(U), holding that bad motive, without more, is an insufficient basis for an abuse of process claim . . .
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Posted: November 14, 2020
On October 30, 2020, Justice Schecter of the New York County Commercial Division issued a decision in W. & M. Operating, L.L.C. v. Bakhshi, 2020 NY Slip Op. 33597(U), domination of a corporation without the abuse of the corporate form is an insufficient basis for a veil piercing claim . . .
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Posted: November 13, 2020
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in State of New York v. All Around Stor., L.L.C., 2020 NY Slip Op. 51265(U), holding that a contract term unreasonably limiting the statute of limitations was unenforceable . . .
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Posted: November 12, 2020
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Parlux Fragrances, LLC v. S. Carter Enters., LLC, 2020 NY Slip Op. 51245(U), holding that an incidental equitable claim does not waive the right to a jury trial . . .
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Posted: November 11, 2020
On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in Picken v. RN Realty, LLC, 2020 NY Slip Op. 33370(U), holding that a broker that introduced the purchaser to the seller was not entitled to a commission when the initial negotiations failed and the broker was uninvolved in the subsequent negotiations . . .
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Posted: November 10, 2020
On October 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kirschenbaum v. De Baets, 2020 NY Slip Op. 33406(U), holding that conclusory allegations were an insufficient basis for a fraud claim . . .
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