Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: November 22, 2020

Fraud Claim Based on Omissions Fails in Light of Disclosure that Not All Material Information Was Being Disclosed for Securities Law Reasons

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 . . .


Posted: November 18, 2020

No Entitlement to Indemnification or Advancement In Suit Between Contracting Parties Unless Indemnification Provision Unequivocally Requires It

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 . . .


Posted: November 17, 2020

E-Mail Between Counsel Cannot Form Binding Agreement if The E-Mail Does Not Have the Attorney’s Typed E-Mail Signature

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 . . .


Posted in Commercial, Contracts
Posted: November 11, 2020

Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations

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 . . .