On May 28, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Melrose Assoc. L.P. v. Floral Assoc. L.P., 2021 NY Slip Op. 31827(U), holding that a forum selection clause mandating a federal forum is unenforceable when there is no federal jurisdiction . . .
On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narravula v. Perosphere Tech., Inc., 2021 NY Slip Op. 50510(U), holding that agents for a partially-disclosed principal were bound by an agreement’s arbitration provision . . .
On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Chadha v. Wahedna, 2021 NY Slip Op. 50509(U), holding that a fraud claim based on allegations that a release was procured by fraud fail when the alleged fraud is the fraud that was the subject of the release . . .
On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., 2021 NY Slip Op. 03450, holding that a bill of particulars is not a discovery device . . .
On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serface Care, Inc. v. Berry Good Labs, LLC, 2021 NY Slip Op. 31900(U), holding that when a forum selection clause selecting only a federal forum is unenforceable, the parties can sue in other jurisdictions . . .
On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ashland Global Holdings, Inc. v. Speedway LLC, 2021 NY Slip Op. 31899(U), holding that a broadly-worded arbitration provision leaves the decision on whether a claim is arbitrable to the arbitrators . . .
On June 3, 2021, the First Department issued a decision in Alloy Advisory, LLC v. 503 W. 33rd St. Assoc., Inc., 2021 NY Slip Op. 03520, holding a defendant liable for terminating a contract without observing the contract’s notice and cure provision . . .
On May 20, 2021, the First Department issued a decision in Roam Capital, Inc. v. Asia Alternatives Mgt. LLC, 2021 NY Slip Op. 03269, holding that a party may amend a complaint as of right while a motion to dismiss is pending . . .
On April 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 159 MP Corp. v. Redbridge Bedford LLC, 2021 NY Slip Op. 31716(U), holding that the recently-enacted statute barring lease provisions that prohibit tenants from seeking a Yellowstone injunction does not apply to leases that were effective before the statute was enacted . . .
On May 25, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Prada USA Corp. v. 724 Fifth Fee Owner LLC, 2021 NY Slip Op. 50494(U), holding that a liquidated damages provision based on notice of an intention to redevelop a property was not enforceable when the tenancy was not terminated . . .