On January 13, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Misty Cleaning Serv. Inc. v. Independent Group Home Living Program, Inc., 2020 NY Slip Op. 50032(U), holding a plaintiff liable for damages for breaching a contractual notice and cure provision, explaining:
On January 14, 2020, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2020 NY Slip Op. 00230, reversing a discovery sanction as excessive, explaining:
On January 14, 2020, Justice Borrok of the New York County Commercial Division issued a decision in 32 W. 39th Midtown Props. v. Zee Co. Apparel Corp., 2020 NY Slip Op. 30129(U), dismissing a promissory estoppel claim for failure adequately to allege a promise or reliance, explaining:
On January 6, 2020, Justice Masley of the New York County Commercial Division issued a decision in <a href=”https://www.schlamstone.com/wp-content/uploads/2020/01/2020_30045.pdf” target=”_blank” rel=”noopener noreferrer”><em>Tutor Perini Bldg. Corp. v. Port Auth. of N.Y. & 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:
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Elite Limousine Plus Inc. v. RX Med. Dynamics, LLC, 2020 NY Slip Op. 30025(U), vacating a default judgment because the party’s lawyer, not the party, was responsible for the default, explaining:
On January 8, 2020, the Second Department issued a decision in Levy v. Nissani, 2020 NY Slip Op. 00113, holding that a statement that the counterclaimants were “scammers,” “con artists” and “thieves” was a sufficient basis for a claim for defamation, explaining:
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:
On December 18, 2019, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Commerce Commercial Group, Inc., 2019 NY Slip Op. 09049, holding that emails and unsigned documents were not documentary evidence under CPLR 3211(a)(1), explaining: