Blogs
Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: July 8, 2021
On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P., 2021 NY Slip Op. 04198, holding that an agreement to set-off future payments by the amount of an unpaid debt was not an improper agreement to extend the statute of limitation prior to the accrual of a claim . . .
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Posted: July 4, 2021
On July 1, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Berkshire Bank v. Pioneer Bank, 2021 NY Slip Op. 50619(U), holding that a negligent misrepresentation claim failed because it did not adequately allege a special relationship between the plaintiff and defendant . . .
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Posted: July 3, 2021
On June 28, 2021, Justice Reed of the New York County Commercial Division issued a decision in In the matter of U.S. Bank N.A., 2021 NY Slip Op. 50617(U), holding that an offering circular cannot be used to help interpret an unambiguous indenture . . .
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Posted: July 1, 2021
On June 24, 2021, the First Department issued a decision in Besen v. Farhadian, 2021 NY Slip Op. 04080, dismissing a breach of fiduciary duty claim for lack of damages . . .
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Posted: June 28, 2021
On June 17, 2021, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price Hecht LLP, 2021 NY Slip Op. 03911, holding that a defamation claim was barred by the absolute litigation privilege . . .
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Posted: June 27, 2021
On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. PricewaterhouseCoopers LLP, 2021 NY Slip Op. 03929, holding that where an arbitration provision is broad, it is for the arbitrator, not the court, to determine arbitrability . . .
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Posted: June 26, 2021
On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of Papakonstadinou v. Sparakis, 2021 NY Slip Op. 50543(U), vacating an arbitral award because is was issued after the deadline set by the parties . . .
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Posted: June 25, 2021
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 . . .
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Posted: June 23, 2021
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 . . .
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Posted: June 22, 2021
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 . . .
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