On May 14, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Erie County Employees’ Retirement Sys. v. NN, Inc., 2021 NY Slip Op. 50423(U), holding that questions of fact precluded dismissal of Section 12 claim on the ground that the defendants were not statutory sellers . . .

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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 . . .

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On April 2, 2021, Justice Walker of the Erie County Commercial Division issued a decision in Ronald Benderson 1995 Trust v. Erie County Med. Ctr. Corp., 2021 NY Slip Op. 21133, holding that deficiencies in a notice and demand to cure barred an eviction . . .

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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 . . .

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On May 4, 2021, the First Department issued a decision in J.G. Jewelry Pte. Ltd. v. TJC Jewelry, Inc., 2021 NY Slip Op. 02747, holding that defendants waived an objection to service by failing to raise it in a pre-answer motion to dismiss . . .

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On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 2021 NY Slip Op. 02737, holding that the nonsignatory of an agreement containing an arbitration clause could compel arbitration because of its close relationship to signatory . . .

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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 . . .

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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 . . .

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On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of 141 Fifth Ave. Condominium v. 141 Acquisition Assoc. LLC, 2021 NY Slip Op. 50343(U), holding that a common law indemnification claim failed because the putative indemnitee had settled its claim . . .

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On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02686, holding that the great deference afforded arbitral awards mandated the refusal to vacate an award . . .

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