Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: May 21, 2021

Tolling of Statute of Limitations Against Fiduciary Based on Fiduciary’s Concealment of Facts Cannot Be Based on Same Conduct That is the Basis for the Cause of Action

On May 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in F.W. Sims, Inc. v. Simonelli, 2021 NY Slip Op. 50410(U), holding that the tolling of the statute of limitations against a fiduciary based on the fiduciary’s concealment of information cannot be based on the same conduct that forms the basis of the cause of action . . .


Posted: May 17, 2021

Tortious Interference with Prospective Business Relations Claim Fails for Lack of Factual Allegations of Bad Conduct

On March 1, 2021, Justice DeStefano of the Nassau County Commercial Division issued a decision in A.D.E. Sys., Inc. v. Gil-Bar Indus., Inc., 2021 NY Slip Op. 31552(U), holding that a tortious interference with prospective business relations claim failed for lack of factual allegations of bad conduct . . .


Posted: May 11, 2021

When Parties Agree Only to a Narrow Agreement to AAA Arbitration, it is For the Court, Not to AAA, to Decide if a Claim is Arbitrable

On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Metropolitan Transp. Auth. v. Westfield Fulton Ctr., LLC, 2021 NY Slip Op. 31367(U), holding that when parties agree only to a narrow agreement to AAA arbitration, it is for the court, not the AAA, to decide if a claim is arbitrable . . .


Posted: May 10, 2021

Questions of Fact Preclude Dismissal of Claims Against Indenture Trustee, Rejecting Argument That its Duties Were Merely Ministerial

On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmington Trust, N.A., 2021 NY Slip Op. 02355, holding that questions of fact precluded dismissal of claims against an indenture trustee, rejecting the argument that the trustee’s duties were merely ministerial . . .