The U.S. District Courts for the Southern and Eastern Districts of New York recently have issued orders further limiting operations during the coronavirus crisis . . .
On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Condor Capital Corp. v. CALS Invs., LLC, 2020 NY Slip Op. 30765(U), holding that auto loan servicers are not professionals subject to professional malpractice claims . . .
On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Matlick v. Amtrust Fin. Servs., Inc., 2020 NY Slip Op. 50357(U), holding that Securities Act claims were barred by the statute of repose . . .
On March 9, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Matter of Uxin Ltd. Sec. Litig. v. XXX, 2020 NY Slip Op. 50336(U), holding that Securities Act claims based on negligence do not have to be plead in detail under CPLR 3106 . . .
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 . . .
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 . . .
On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Malta v. Gaudio, 2020 NY Slip Op. 30699(U), holding that the absolute litigation privilege applies to non-disparagement clauses . . .
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 . . .
On March 4, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in EPK Brand, Inc. v. Leret, 2020 NY Slip Op. 30705(U), holding that the borrowing statute requires the use not just of the foreign state’s statute of limitation but also of its tolling rules . . .
Upcoming arguments in the Court of Appeals in April 2020 that may be of interest to commercial litigators . . .