Commercial Division Blog

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

Architect Not Liable to Third-Party Not Known to it When Architectural Plans Created

On January 6, 2020, Justice Masley of the New York County Commercial Division issued a decision in <a href=”” target=”_blank” rel=”noopener noreferrer”><em>Tutor Perini Bldg. Corp. v. Port Auth. of N.Y. &amp; N.J.</em></a>, 2020 NY Slip Op. 30045(U), holding that an architect could not be held liable to a third-party not known to it when the architectural plans were created, explaining:


Posted: January 18, 2020

Counterclaim Cannot Involve Time-Barred Claims as Set-off Unless It Arises From Same Transaction or Occurrence

On January 2, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Capone v. LDH Mgt. Holdings LLC, 2020 NY Slip Op. 30013(U), holding that a counterclaim cannot involve time-barred claims as a set-off unless the time-barred claims arise from the same transaction or occurrence as the claim against which they will be set-off, explaining:


Posted: January 16, 2020

Court Refuses to Vacate Default Judgment Despite Conclusory Assertions That Service Not Received When Defendant Admitted Being Aware of the Action

On January 2, 2020, the First Department issued a decision in Fisher v. Lewis Constr. NYC Inc., 2020 NY Slip Op. 00041, refusing to vacate a default judgment despite conclusory denials of service, explaining: Defendant failed to establish a reasonable excuse for its default. Plaintiff properly served defendant corporation by means of service upon the Secretary of State, and the...


Posted: January 15, 2020

Plaintiffs’ Obligation to Perform Not Excused by Defendant’s Alleged Non-Material Breaches of Agreement

On December 24, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Aktiv Assets LLC v. Centerbridge Partners, L.P., 2019 NY Slip Op. 33736(U), holding that a plaintiff’s obligation to perform was not excused by the defendant’s alleged non-material breach of the agreement, explaining: Even if the agreements were viewed as a single intertwined agreement,...


Posted in Commercial, Contracts