On February 11, 2021, the First Department issued a decision in Suverant LLC v. Brainchild, Inc., 2021 NY Slip Op. 00918, holding that overlapping ownership and common office space alone were insufficient to support a veil piercing claim . . .
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd. v. Canadian Imperial Bank of Commerce, 2021 NY Slip Op. 00815, holding that a party did not put privileged communications at issue when its claims could be litigated without relying on those communications . . .
On February 1, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Ladder Capital Fin. LLC v. Paul, 2021 NY Slip Op. 30321(U), finding that nail and mail service was adequate . . .
On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. (Ams.) Inc., 2021 NY Slip Op. 00616, holding that a broker’s dispute was not covered by FINA’s arbitration rules . . .
On February 5, 2021, the Fourth Department issued a decision in M&T Bank Corp. v. Moody’s Invs. Servs., Inc., 2021 NY Slip Op. 00706, holding that a court erred in quashing a subpoena given the broad scope of discovery . . .
On February 4, 2021, Justice Reed of the New York County Commercial Division issued a decision in 470 4th Ave. Fee Owner, LLC v. Adam Am. LLC, 2021 NY Slip Op. 50090(U), holding that a notice to admit cannot request admissions that go to the heart of the parties’ claims and defenses . . .
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Flowcon, Inc. v. Andiva LLC, 2021 NY Slip Op. 30294(U), refusing to enforce an arbitration provision regarding the amount of a mechanics lien . . .
On January 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in PBF I Holdings Ltd. v. Valero (Peru) Holdings Ltd., 2021 NY Slip Op. 30289(U), holding that a forum selection clause mandating a forum in the federal courts in New York cannot serve as the basis for jurisdiction in New York state court . . .
On February 3, 2021, the Second Department issued a decision in Ji Juan Lin v. Bo Jin Zhu, 2021 NY Slip Op. 00550, holding that a court should have ordered necessary parties to be added to a lawsuit rather than dismissing it . . .
On February 2, 2021, the First Department issued a decision in Matter of Dentsply Sirona, Inc., 2021 NY Slip Op. 00522, holding that Section 11 and 12 claim accrual was not based on when the plaintiffs were injured by the drop in stock price . . .