Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: February 28, 2014
On February 20, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Key Restoration Corp. v. Union Theological Seminary, 2014 NY Slip Op. 30437(U), dismissing a lawsuit for failure to exhaust pre-litigation ADR obligations.
In Key Restoration Corp., the plaintiff brought claims of foreclosure on a mechanic's lien, breach of contract and unjust enrichment relating to construction work it did for the defendant. The defendant moved to dismiss on the ground that the plaintiff had failed to comply with the pre-litigation dispute resolution provisions of the parties' contract. The trial court agreed, dismissing the complaint. The trial court found that the parties' contract required that the parties mediate any dispute between them before litigating it and rejected the plaintiff's arguments for not doing so, explaining:
Posted: February 27, 2014
On January 18, 2014, we posted that in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., and Motorola Credit Corp. v. Standard Chartered Bank, the Second Circuit certified questions to the New York Court of Appeals concerning the application of the "separate entity rule" to post-judgment enforcement proceedings under CPLR Article 52. On February 18, 2014, the Court