Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: August 30, 2020

Trust Beneficiary Cannot Sue On Behalf of Trust Unless She Has Made a Demand on the Trustee and the Trustee Has Refused

On August 27, 2020, the First Department issued a decision in Zachariou v. Manios, 2020 NY Slip Op. 04811, holding that a trust beneficiary could not bring an action on behalf of the trust unless she had made a demand on the trustee that had been refused or that such a demand would have been futile . . .


Posted: August 23, 2020

Tortious Interference With a Prospective Business Relationship Claim Fails Without Allegations of Wrongful Means or Malicious Purpose

On August 10, 2020, Justice Masley of the New York County Commercial Division issued a decision in GMX Tech., LLC v. Pegasus Capital Advisors, L.P., 2020 NY Slip Op. 32634(U), holding that a claim for tortious interference with a prospective business relationship fails without allegations of wrongful means or malice . . .


Posted: August 21, 2020

Standard for Amending a Complaint Lower Than Standard for Surviving a Motion to Dismiss

On August 19, 2020, the Second Department issued a decision in Katz v. Hampton Hills Assoc. Gen. Partnership, 2020 NY Slip Op. 04545, holding that a decision that the plaintiffs had met the standard for amending their complaint did not mean that they had met the higher burden needed to survive a motion to dismiss . . .