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Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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November 18, 2024 Requests To Admit Mostly Stricken For Seeking Admission Of Disputed Facts, Ultimate Issues
On August 27, 2024, in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., Index No. 655283/2023, Justice Margaret A. Chan found all but one of a defendant’s eight Requests for Admission to be improper. Read More
November 8, 2024 Court Denies Motion For Recusal
On September 24, 2024, Justice Andrew Borrok denied a defendant’s motion for recusal. In Freedman et al. v. Rakosi et al., Index No. 655608/2023, one of the defendant’s moved to recuse Justice Borrok on the alleged grounds that an attorney for one of the other defendants had a relationship with the Court. The Court denied the motion, explaining: Read More
November 6, 2024 Court Denies Motion To Dismiss In Family Business Dispute
On September 26, 2024, Justice Joel M. Cohen denied defendant’s motion to dismiss. In Jobar Holding Corp. et. al. v. Halio, Index No. 655689/2017, a family business dispute, Plaintiffs alleged that the Defendant improperly diverted funds from the plaintiff Kobar Holding Corporation to herself and her family. Defendant moved to dismiss the Second Amended Complaint as barred by collateral estoppel and for failure to state a claim pursuant to CPLR § 3211(a)(5) and (7). The court denied the motion, explaining: Read More
November 4, 2024 Court Strikes Plaintiff’s Complaint And Dismisses Action For Discovery Violations
On September 30, 2024, Justice Joel M. Cohen issued a Decision and Order in Five Star Electric Corp. v. The Trustees of Columbia University et al., Index No. 655947/2018, granting Defendants’ motion to strike Plaintiff’s complaint pursuant to CPLR § 3126. The action arose from a construction project involving a new building at Columbia University. Defendants moved to strike Plaintiff’s complaint and dismiss the case based on Plaintiff’s claimed willful failure to provide discovery as ordered by the Court. The Court agreed, explaining: Read More
October 11, 2024 Court Grants Motion For Summary Judgment In Lieu of Complaint
On September 6, 2024, Justice Melissa A. Crane granted, in part, plaintiff’s motion for summary judgment in lieu of complaint. In Oxford Finance LLC v. Nesian Jean Makesh, Index No. 651051/2024, plaintiff sought judgment against defendants under a Limited Payment Guaranty and Surety Agreement. The Court explained: Read More
October 9, 2024 Court Reduces Attorneys’ Fee Request 50% Due To Block Billing
On September 5, 2024, Justice Melissa A. Crane declined to award plaintiff the full amount of requested attorneys’ fees and reduced the requested amount by 50%. In EXRP 14 Holdings LLC v. LS-15 Ave LLC, Index No. 652698/2022, the Court had previously granted plaintiff’s motion for sanctions, ordered defendant to reimburse plaintiff for the reasonable costs of making a prior motion, and directed plaintiff to submit supporting documentation for its fee request. In making its 50% reduction, the Court explained: Read More
October 7, 2024 Court Denies Motions For Summary Judgment In Legal Malpractice Action
On September 6, 2024, Justice Margaret A. Chan issued a Decision and Order in FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP, Index No. 153620, denying both plaintiff’s and defendants’ motions for summary judgment. Plaintiff asserted claims against defendants for legal malpractice arising out of defendants’ representation of plaintiff in a loan transaction. The Court explained: Read More
September 13, 2024 Court Denies Motion For Sanctions Based On Anticipated Motion
On June 11, 2024, Justice Joel M. Cohen denied Defendants’ motion for sanctions in anticipation of a motion by the individual plaintiff to renew or reargue the Court’s prior dismissal of the action in Zaklady Tytoniowe W. Lubline S.A. v. MS Global Funding LLC, Index No. 652975/2014, on forum non conveniens grounds. The plaintiff indicated he planned to file a motion for renewal or reargument, and Defendants filed a motion for, inter alia, sanctions under 22 NYCRR 1301.1. The Court denied the motion without prejudice as premature, explaining: Read More
September 11, 2024 Court Continues Stay Despite Delay In Out Of State Trial That Was Basis For Stay
On July 10, 2024, Justice Joel M. Cohen denied Defendants' motion to lift a stay of discovery in Barons Media, LLC v. Shapiro Legal Group, PLLC, Index No. 652481/2023. In October 2023, the Court granted defendant’s motion for a stay pending the result of a case in Florida “because the result in the Florida Action may impact the viability of this case.” Further, the Florida trial was scheduled to begin in October 2023, shortly after the stay order was issued. However, the Florida Action was delayed. Thus, in May 2024, plaintiff moved to lift the stay. The Court denied the motion, explaining: Read More
September 9, 2024 Court Grants Motion To Dismiss Breach Of Implied Covenant Of Good Faith And Fair Dealing Claim
On July 10, 2024, Justice Andrea Masley issued a Decision and Order in SC Philips Clark LLC v. Shore Club Property Owner LLC, Index No. 652489/2022, granting, in part, Defendants’ motion to dismiss. Plaintiff brought several claims alleging that defendants usurped plaintiff’s interest in the Shore Club Hotel and adjoining beachfront property, located in Miami Beach, Florida. The Court dismissed, inter alia, plaintiff’s cause of action for breach of the implied covenant of good faith and fair dealing. The Court explained: Read More
August 16, 2024 CPLR 3213 Unavailable Where Guaranty Concerns Not Only Payment But Also Performance
On June 11, 2024, Justice Joel M. Cohen denied plaintiff’s motion for summary judgment in lieu of complaint based on a guaranty. In Manhattan Real Estate Fund, LP v. Paz, Index No. 655592/2023, plaintiff sought summary judgment in lieu of complaint based on a guaranty executed by defendant. In denying the motion, the Court explained: Read More
August 14, 2024 Court Denies Motion To Dismiss Pursuant To Single Motion Rule
On July 8, 2024, Justice Joel M. Cohen denied plaintiffs’ motion to dismiss defendant’s counterclaims based on, inter alia, CPLR § 3211(e)’s single motion rule. McGuigan v. Gendell, Index No. 650294/2021, was a hotly contested dispute between former business partners. Defendants had filed original counterclaims, which plaintiffs moved to dismiss, and which motion the Court granted in part. Subsequently, defendants filed their Second Amended Counterclaims, and plaintiffs again moved to dismiss. In denying the motion, the Court explained: Read More
August 12, 2024 Court Rejects Claim That Party’s Interest In Companies Was Reduced To 20%
On July 5, 2024, Justice Jennifer G. Schecter issued a Decision After Trial in Meyerson v. Minzer, Index No. 653730/2019. Defendant claimed, inter alia, that plaintiff’s interest in the several companies at issue (the “Companies”) had been reduced to 20% from 50%. In rejecting this claim, the Court explained: Read More
July 19, 2024 Court Denies Motion To Compel Production Of Emails Based On Spousal Privilege
On June 10, 2024, Justice Melissa A. Crane denied defendant’s motion to compel production of emails plaintiff had inadvertently produced and then clawed back, asserting spousal privilege. In Gnann v. Morgan Stanley Smith Barney LLC, Index No. 650104/2023, plaintiff made a production that included the disputed emails between plaintiff and nonparty Robert Oldaker. At plaintiff’s EBT, spousal privilege was asserted as to these emails and plaintiff’s counsel then sought to claw back those emails. Defendant Mannato moved to compel. The Court denied the motion, explaining: Read More
July 17, 2024 Court Grants Motion To Amend Complaint Where Amendments Were Based On Documents Produced By Defendants In Discovery
On May 26, 2024, Justice Joel M. Cohen granted plaintiffs’ motion to amend. The plaintiffs in Behar v. 5 Star Legal Funding, LLC, Index No. 657390/2020, who invested in certain litigation funds and advances as limited partners, asserted multiple claims against defendants alleging that defendants engaged in a pattern and practice of mismanagement, misuse, misappropriation, and diversion of plaintiffs’ funds. After discovery, plaintiffs moved to file their Second Amended Complaint. The Court granted the motion, explaining: Read More
July 15, 2024 Court Holds That Signing Filings In New York County Irrelevant For The Issue Of Venue And Grants Motion To Transfer Venue
On May 26, 2024, Justice Andrea Masley granted a motion to change venue to Nassau County. Defendants in Burman v. Burman, Index No. 655281/2023, moved to change venue in a case arising from plaintiff’s alleged exclusion from the Engel Burman (“EB”) enterprise. After rejecting defendants’ argument that venue in New York County was improper because none of the parties reside in New York County because plaintiff alleged a “substantial amount of the acts and transactions in issue took place in this county and various real estate developments in issue in this case are located in this county” pursuant to CPLR 503(a), the Court nevertheless granted the motion for other reasons. The Court explained: Read More
July 5, 2024 Motion To Dismiss Breach Of Contract Claims Regarding Agreement To Purchase Past-Due Receivables Granted In Part, Denied In Part
On May 29, 2024, Justice Andrea Masley granted in part and denied in part a motion to dismiss claims brought against a corporation and its parent under a letter of intent that contemplated an agreement to purchase past-due receivables due to non-parties owned by the non-parent defendant entity. Gramercy Funds Mgt. LLC v Schlumberger N.V., Index No. 653657/2022. Read More
June 21, 2024 Court Denies Motion To Dismiss Labor Law Claim
On May 5, 2024, Justice Andrew Borrok denied defendant’s motion to dismiss defendant’s counterclaim under New York Labor Law. In FF Venture Capital, LLC v. Adam J. Plotkin, RDWC, LLC, Index No. 651314/2023, defendant claimed that plaintiff withheld his compensation and alleged violation of Labor Law § 193. The Court explained that such allegations stated a claim: Read More
June 19, 2024 Court Holds That Plaintiff Has Standing Because Note And Guaranty Were Properly Assigned
On April 29, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment. The plaintiff in Lapis Advisers, LP et al. v. Coal Capital Ephrata, LLC, Index No. 650128/2021 sought summary judgment for failure to repay amounts on a note assigned to plaintiff. The Court concluded that plaintiff had standing, explaining: Read More
June 17, 2024 Court Grants Motion To Dismiss Breach Of Fiduciary Claim For Failure To Allege Damages
On April 12, 2024, Justice Margaret A. Chan granted plaintiff’s motion to dismiss defendants’ counterclaims for breach of contract, unjust enrichment, and breach of fiduciary duty. Defendants in Murphy v. PHG Funding LLC et al., Index No. 656158/2021, alleged counterclaims arising out a settlement with plaintiff and transactions related thereto. As to defendants’ counterclaim for breach of fiduciary duty, the Court explained: Read More
May 29, 2024 Bankruptcy Filing, Which Was Later Dismissed, Did Not Excuse Buyer Under Loan Sale Agreement From "Time of the Essence" Requirement to Close
On April 12, 2024, Justice Margaret Chan of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 39-05 29th St Hotel, LLC, et al., Index No. 654401/2023, denying a motion to dismiss brought by the defendant-buyer under a Loan Sale Agreement for breach of this agreement and rejecting the defendant-buyer's argument that its bankruptcy filing, which was later dismissed, waived the plaintiff-seller's right to demand a time-of-the-essence closing, explaining: Read More
May 22, 2024 Court Denies Unopposed Motion for Summary Judgment in Lieu of Complaint
On April 19, 2024, Justice Margaret A, Chan denied an unopposed motion for summary judgment in lieu of complaint. The plaintiff in RS E Orange, LLC v. Proudliving Companies, LLC et ano., Index No. 655013/2023, sought just under $4 million from defendants Proudliving and Andrew Brown under a guaranty agreement. The Court explained: Read More
May 20, 2024 Court Denies Motion To Dismiss Fraudulent Transfer Claim
On April 19, 2024, Justice Joel M. Cohen denied a motion to dismiss plaintiff’s claim for fraudulent transfer. The plaintiff in Monex Canada, Inc. v. Bank of America, N.A. et al., Index No. 655076/2023, alleged that a non-party had defrauded it out of millions of dollars by unlawfully reversing Pre-Authorized Debit (“PAD”) transfers, which funds were in turn ultimately directed to the moving defendants. Plaintiff asserted a claim for fraud under the New York Uniform Voidable Transactions Act and in particular Sections 273(a)(1) and 276 of the New York Debtor Creditor Law. The Court rejected the moving defendants’ argument that plaintiff had failed to state a claim for actual fraudulent transfer, explaining: Read More
May 1, 2024 Commercial Division Rules Updated to Add Technology Cases to List of Cases Eligible for Commercial Division and to Remind Counsel About Use of Referees
On February 14, 2024, the Chief Administrative Judge of the Courts signed an administrative order (i) adding technology transactions and commercial disputes involving or arising out of technology to the list of cases that can be brought in the Commercial Division, and (ii) adding a new Rule 9-b reminding counsel of the ability to consent to the use of referees. Read More
April 26, 2024 Court Denies Motion To Strike Jury Demand
On April 9, 2024, Justice Andrea Masley denied defendants’ motion to strike plaintiff’s jury demand. In Khan v. Garg, 652334/2013, the Court explained: Read More
April 24, 2024 Court Grants Mandatory Injunction Requiring Purchaser To Close On Transaction
On April 6, 2024, Justice Andrea Masley granted plaintiff’s motion for a preliminary injunction and required the defendant purchaser to close on the sale of a business within 10 days of the order. In James River Group Holdings, Ltd. v. Fleming Intermediate Holdings, LLC, Index No. 651281/2024, the parties were to close on March 1, 2024 on the sale of plaintiff’s reinsurance subsidiary to defendant. However, defendant refused to do so absent significant concessions. Plaintiff brought suit and sought a preliminary injunction requiring the specific performance of the parties’ Stock Purchase Agreement. In granting the motion, the Court explained: Read More
April 22, 2024 Court Denies Motion For Summary Judgment In Lieu Of Complaint
On April 5, 2024, Justice Margaret A. Chan denied plaintiff’s motion for summary judgment in lieu of complaint based on certain promissory notes. The decision in Elisa Wietschner, as trustee of the WFIG Trust v. 9 Vandam JV LLC, Index No. 655573/2023, explained: Read More
March 29, 2024 Court Grants Plaintiff Summary Judgment Requiring City To Close Pursuant To Terms of Ground Lease
On March 5, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment and denied the City’s motion. The decision in Atlantic Center Fort Greene Assoc., LLC v. The City of New York, Index No. 656207/2021, concerned a lease agreement dated August 4, 1995, between the City as landlord and plaintiff’s predecessor in interest as tenant. The Court explained: Read More
March 27, 2024 Court Denies Motion To Compel Post-Judgment Deposition Since It Was Sought Under Wrong Article of the CPLR
On March 13, 2024, Justice Joel M. Cohen denied, without prejudice, plaintiffs’ motion to compel a deposition of defendant. The decision in Law Office of Mark. S. Helweil v. Karambelas, Index. No. 159060/2018, explained: Read More
March 25, 2024 Court’s 2023 Annual Report Highlights Commercial Division Advisory Council
The recently issued New York State Unified Court System 2023 Annual Report highlights the work of the Commercial Division Advisory Council, which, inter alia, proposes procedural rules for the Commercial Division, and quotes Advisory Council member Heather Mulligan, President and CEO of The Business Council of New York State. Read More
March 1, 2024 Court Rejects Claim Of Impossibility Regarding Preservation of Evidence
On January 18, 2024, Justice Andrea Masley granted sanctions against defendant Charter Communications Operating, LLC (“Charter”) for spoliation of evidence. The decision in Earthlink, LLC v. Charter Communications Operating, LLC, Index No. 654332/2020, rejected Charter’s claim that preserving recordings of millions of calls over several months was impossible. The Court explained: Read More
February 28, 2024 Court Has Jurisdiction Over LLC Based On Alter Ego Allegations
On January 26, 2024, Justice Melissa A. Crane denied defendant’s motion to dismiss for lack or jurisdiction. The decision in Bochenek v. Ashton, Index No. 654904/2022, concerned defendant Twenty Seven Investment Group, LLC (“TSIG”). As to jurisdiction over TSIG, the Court explained: Read More
February 26, 2024 Breaches Of Non-Monetary Provisions Of Credit Agreement Are Material
On January 26, 2024, Justice Melissa A. Crane granted plaintiffs’ motion for summary judgment regarding, inter alia, their breach of contract claim. The decision in Regions Bank v. VativoRX, LLC, Index No. 654741/20229, rejected defendant’s argument that the breach of certain terms in the credit agreement at issue requiring the provision of annual audited financial statements, along with related certifications and accompany documentation, and the transfer of accounts to plaintiffs were not material breaches. The Court disagreed: Read More
February 2, 2024 Court Holds Defendants Jointly and Severally Liable After Non-Jury Trial For Nearly $1.3 Million
On December 29, 2023, Justice Joel M. Cohen found in favor of Plaintiff Brad Kruchten against Defendants Eastman Kodak Company Computershare, Inc., and Computershare Trust Company, N.A. in the amount of $1,293,916.88 on claims for damages Kruchten incurred when he was unable to exercise his Kodak stock options due to corporate errors. In its Decision after Non-Jury Trial, in Kruchten v. Eastman Kodak Co. et al., Index No. 656302/2020, the Court explained: Read More
January 31, 2024 Court Grants Defendants’ Motion To Dismiss But Also Sanctions Them For Discovery Violations
On December 22, 2023, Justice Margaret A. Chan both granted the motion by certain defendants to dismiss, but also granted plaintiff’s request for sanctions against them. The decision in SG575 Holdings LLC v. Richard Stuyvesant Holdings et al., Index No. 651246/2019, concerned an alleged Ponzi scheme. Plaintiff had deposited $1 million into the escrow account of defendant Pincus Carlebach, a now disbarred attorney, pursuant to a sale/purchase agreement regarding certain real estate, but when the agreement was cancelled, Carlebach had misappropriated the escrowed money. Defendants were parties who had also deposited funds in Carlebach’s account but received their funds back from plaintiff’s $1 million. As to the motion to dismiss, the Court explained: Read More
January 29, 2024 Court Denies Motion To Dismiss Given Grant Of Motion To Amend
On December 23, 2023, Justice Joel M. Cohen denied defendants’ motion to dismiss plaintiff’s amended complaint based on the prior granting of plaintiff’s motion to amend. The decision in O’Keefe’s Inc. d/b/a Safti First v. 400 Times Square Associates, LLC et al., Index No. 150702/2019, rejected defendants’ argument that the evidence, affidavits, and submissions by the defendants utterly refuted the plaintiff’s claims. The Court explained: Read More
January 5, 2024 Statute of Frauds Does Not Preclude Claim Regarding Contract Signed By One Party But Not The Other
In a Decision and Order, dated November 21, 2023, in Bissell Street I, LLC v. Westbrook Partners, LLC, Index No. 654223/2022, Justice Joel M. Cohen denied, in part, defendants’ motion to dismiss in a dispute that concerned, inter alia, the validity and enforceability of certain agreements that were signed by one party but not the other. As to the statute of frauds, the Court explained: Read More
January 3, 2024 Court Grants Motion For Summary Judgment In Lieu Of Complaint
In a Decision and Order, dated December 6, 2023, in Strecker v. Singlepoint, Inc., Index No. 653850/2023, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The Court explained: Read More
December 8, 2023 Court Denies Motion To Dismiss Upon Reargument Finding Causation Was Alleged
In a Decision and Order, dated October 25, 2023, in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, Index No. 653941/2022, Justice Margaret A. Chan granted plaintiff’s motion for reargument and, upon reargument, denied defendant’s motion to dismiss. The case concerned plaintiff’s claim for legal malpractice in connection with services rendered by defendants while negotiating the terms of a subordinated debt agreement. The Court had previously granted defendants’ motion to dismiss due to failure to allege causation or damages. However, upon reargument, the Court explained: Read More
December 6, 2023 Court Grants Motion To Amend Since There Was No Prejudice Or Undue Delay
In a Decision and Order, dated October 13, 2023, in Katzoff v. BSP Agency, LLC., Index No. 655823/2020, Justice Margaret A. Chan granted plaintiffs’ motion for leave to amend their complaint to add several defendants. The Court granted the motion, finding no prejudice or undue delay, and that the claims were not insufficient as a matter of law. As to prejudice and undue delay, the Court the explained: Read More
December 4, 2023 Court Denies Motion to Compel and To Vacate Note of Issue
In a Decision and Order, dated October 14, 2023, in O’Connor v. Society Pass, Inc., Index No. 656938/2019, Justice Joel M. Cohen denied defendant’s motion to compel discovery and to strike the Note of Issue. The Court explained: Read More
December 1, 2023 Court Dismisses Racial Discrimination Claims Asserted After Employee’s Termination, Rejecting Pretext Arguments
In a Decision, dated October 4, 2023, in Arthur W. Williams, M.D., v. Mountain Sinai Health System, Inc., Index No. 160367/2019, Justice Melissa A. Crane granted Mount Sinai Health System’s motion for summary judgment on claims of racial discrimination asserted by a former attending neurosurgeon. The Court found that the hospital had proffered legitimate, nondiscriminatory reasons for terminating the plaintiff’s employment and staff privileges. It also rejected the plaintiff’s argument that these reasons were pretextual, noting that the record contained evidence of numerous complaints and suggested that the plaintiff’s patient care and medical judgment were questionable. The Court also rejected the plaintiff’s argument about disparate treatment premised on the hospital affording another terminated employee time to find a new job, whereas it had terminated him immediately. The Court explained: Read More
November 10, 2023 Res Judicata and Collateral Estoppel Do Not Apply To Claims Over Which An Arbitrator Lacked Jurisdiction
In a Decision and Order, dated October 11, 2023, in BT Supplies West, Inc. v. Brookline, LLC., Index No. 651364/2023, Justice Margaret A. Chan denied defendant’s motion to dismiss plaintiff’s breach of contract and account stated claims. (Schlam Stone & Dolan LLP represents the plaintiff in this action). Defendant argued that plaintiff’s claims should be dismissed because they were previously decided in an arbitration and thus res judicata or collateral estoppel applied. The court rejected defendant’s position, explaining: Read More
November 8, 2023 Court Sets Hearing For Determination of Attorney Charging Lien
In a Decision and Order, dated October 3, 2023, in Seymour v. Hovnanian., Index No. 154579/2016, Justice Melissa Crane set a hearing on plaintiff’s former counsel’s motion to enforce its statutory charging lien. The Court explained: Read More
November 6, 2023 Court Dismisses Complaint For Reformation Based On Claimed Mutual Mistake
In a Decision and Order, dated October 5, 2023, in ACP Housing Associates, L.P. v. ABJ Milano, LLC, Index No. 156320/2019, Justice Joel M. Cohen granted defendant’s motion for summary judgment dismissing plaintiff’s complaint for reformation. The plaintiff alleged a mutual mistake in a commercial real estate transaction, in that the contract mistakenly conveyed a vacant lot that was not intended to be included in the sale of an adjacent developed property. Plaintiff sought reformation of the contract to exclude the vacant lot from the transaction or, in the alternative, recovery for unjust enrichment. The Court granted defendant’s motion for summary judgment, explaining: Read More
November 1, 2023 Court Dismisses Claims Against Corporate Owner after Dismissal of Claims against Corporation
In an Decision, dated September 29, 2023, in NW Media Holdings Corp, Newsweek LLC, et al. v. IBT Media Inc., Index No. 652344/2022, Justice Melissa A. Crane granted individual defendant David Jang’s motion to dismiss in their entirety claims made against him under a theory of “alter ego” liability. The Court held that the earlier dismissal of claims against the corporate entity made it impossible to maintain such claims against the entity’s owner. The Court explained: Read More
October 30, 2023 Court Grants Motion to Seal Interrogatory Responses Revealing Costs of Pharmaceutical Products
In a Decision, dated September 30, 2023, in Zydus Worldwide DMCC v. Teva Pharmaceuticals Industries Ltd., 654824/2019, Justice Andrea Masley granted Plaintiff Zydus Worldwide DMMC’s motion to redact portions of interrogatory responses that revealed various costs related to the pharmaceutical products at issue in the action. The Court had previously denied a motion to seal certain other information brought by Defendant Teva Pharmaceuticals. However, the Court found that Zydus had demonstrated the requisite “good cause” to support sealing. The Court explained: Read More
October 13, 2023 Court Denies Motion For Summary Judgment In Dispute Concerning MLB
In a Decision and Order, dated September 6, 2023, in Oneonta Athletic Corporation d/b/a Norwich Sea Unicorns v. Detroit Tigers, Inc. et ano., Index No. 651080/2022, Justice Barry Ostrager denied Defendants’ motion for summary judgment on plaintiff’s sole remaining claim, for tortious interference with contract, arising out of the decision by Major League Baseball to reduce the number of minor league terms from 160 to 120. The Court explained: Read More
October 11, 2023 First Department Reverses Grant Of Summary Judgment Concerning Successor Liability
In a Decision and Order, dated September 21, 2023, in 47 East 34th Street (NY) L.P. v. BridgeStreet Worldwide, Inc. et al, Case No. 2022-01819, the First Department reversed orders of Justice Andrew Borrok which granted plaintiff’s motion for summary judgment on its claim to recover on a guaranty against defendants-appellants Versa Capital Management, LLC (Versa) and Domus BWW Funding, LLC (Domus Funding) as successors to and alter egos of guarantor defendant BridgeStreet Worldwide. The Court explained: Read More
September 15, 2023 Court Concludes That Plaintiff Alleged Willful Misconduct
In an Opinion, dated June 26, 2023, in Manhattan Chrystie St. Dev. Fund LLC v. Witkoff Group LLC, 2023 NY Slip Op 50622(U), Justice Robert Reed denied Defendants’ motions to dismiss a breach of guaranty claim. Plaintiff brought a claim for breach of a guaranty that assured Plaintiff payment and performance of certain obligations in the event of ‘willful misconduct’ by the managing member of a joint venture. The Court explained: Read More
September 13, 2023 Court Finds Plaintiff Has Stated Claim To Pierce The Corporate Veil
In an Opinion dated June 29, 2023, in Emigrant Bus. Credit Corp. v. Hanratty, 2023 NY Slip Op 32156(U), Justice Margaret Chan denied Defendant’s motion to dismiss a corporate veil piercing claim. The Court explained: Read More
September 11, 2023 Court Grants Motion to Dismiss Because Notice Of Non-Monetary Default Not Required
In a Decision and Order, dated June 14, 2023, in 10 Mountainview LLC v. RREF IV-D SN Portfolio, LLC, 2023 NY Slip Op 32034(U), Justice Melissa A. Crane granted Defendant’s motion to dismiss Plaintiff’s breach of contract action based on the claimed failure by Defendant to provide notice of a non-monetary default. Plaintiff and Defendant both loaned money to a non-party borrower, and agreed that Defendant’s loan would be senior. An event of default occurred in 2020, but Defendant did not give notice, and gave notice only when it intended to accelerate its loan. Plaintiff, who had a purchase option, attempted to exercise that option and received a pay-off letter including default interest going back to the date of the earliest default. Plaintiff claimed it was aggrieved because it could have cured the default years earlier and avoided the default interest. The Court explained: Read More
August 18, 2023 Court Grants Motion To Compel Arbitration
In a Decision and Order, dated June 21, 2023, in Employers Ins. Co. of Wausau v. Dominion Ins. Receivable LLC, NY Slip Op. 32097(U), Justice Margaret Chan granted Respondents’ cross-motion to compel arbitration and denied Petitioner’s motion to stay arbitration. The Court explained: Read More
August 16, 2023 Court Grants Sanctions For Conduct At Deposition
In an Opinion dated June 20, 2023, in Constantina Bacopoulou DDS PC v. Carnegie Dental PC, Index No. 650010/2022, Justice Andrea Masley granted Plaintiffs’ motion for sanctions against defendants for conduct during a deposition. Justice Masley concluded that defendants’ counsel violated Rules of Professional Conduct 8.4(g), which prohibits lawyers from engaging in conduct that constitutes discrimination or harassment on the basis of, inter alia, sex and Commercial Division rules barring speaking objections at depositions. The Court further appointed a special referee and directed the attorneys, who the Court found contributed to the delay and acrimony in the case, and not the clients, to split the referee’s fees 25% (plaintiffs’ counsel)-75% (defendants’ counsel). As to Defendants’ counsel conduct at the deposition, the Court explained: Read More
August 14, 2023 Court Grants Summary Judgment In Lieu Of Complaint
In a Decision and Order, dated June 23, 2023, in 2025 Note Pool LLC v. Rudich, 2023 NY Slip Op 32092(U), Justice Melissa A. Crane granted Plaintiff’s unopposed motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The Court explained: Read More
August 11, 2023 Leave to Renew or Reargue Denied Where “New Facts” Always Known or Caused By the Movant
On July 5, 2023, Justice Andrew Borrok of the New York County Commercial Division issued an opinion in Talos Capital Designated Activity Co. v. 257 Church Holdings LLC, 2023 NY Slip Op 50662(U), denying a party’s motion for leave to renew and/or reargue the Court’s Decision and Order, dated June 6, 2023 as clarified by the Supplemental Order, dated June 13, 2023, because the motion—which must be based on matters of fact or law—was based on two false premises. The Court explained: Read More
August 9, 2023 Court Granted Motion for Reargument and Modified Preliminary Injunction To Include Defendant Company to Whom Defendant Employee Disclosed Confidential Information
On June 20, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision and order on motion in Jordan, Edmiston Group, Inc. v. Wong, 2023 NY Slip Op 32090(U), granting in part the motion for reargument. The Court had previously granted a limited injunction against defendant employee for breaching the non-disclosure provision of the Employee Confidentiality and Non-Competition Agreement by disclosing confidential information to defendant company. The motion for reargument related to plaintiff’s claim for tortious interference by defendant company. The Court explained: Read More
August 7, 2023 Arbitrators’ Refusal to Grant An Adjournment Insufficient Grounds to Vacate Final Award
On June 23, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision and order on motion in Panzer v. Epstein, 2023 NY Slip Op 32099(U), granting respondent’s motion to confirm and denying petitioner’s cross-motion to vacate the Final Award. The Court also denied respondent’s motion to compel petitioner to accept the money amount specified in the Final Award as premature. Regarding its decision to confirm the Final Award, the Court explained: Read More
August 4, 2023 Court Confirms Arbitration Award Where Challenging Party Failed to Meet Heavy Burden
On June 23, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Grayco Alternative Partnership II, LP v. 5 Stone Green Capital LLC, 2023 N.Y. Misc. LEXIS 3024. The Court granted Plaintiff’s motion pursuant to CPLR 7510 to confirm an arbitration award in their favor, finding that the Defendants had failed to meet their “heavy burden” necessary to vacate the award. The Court explained: Read More
August 2, 2023 Court Rejects Successive Summary Judgment Motions
On July 12, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in 600-602 10th Ave. Realty Corp. v. Estate of Nusimow, 2023 N.Y. Misc. LEXIS 3465. The Court denied the Plaintiff’s motion for summary judgment, primarily on the basis that the same Plaintiff had moved for summary judgment on the same claims six years prior, which the Court had denied, finding issues of fact existed. The Court explained: Read More
July 31, 2023 Court Grants Attachment Where Defendant Foreign Corporation Sent Funds Abroad
On June 15, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Altium Growth Fund, L.P. v. Tingo Group, Inc., 2023 N.Y. Misc. LEXIS 2999. The Court granted Plaintiffs’ motion for an attachment pursuant to CPLR 6201(1), attaching shares in the Defendant Company. The Court found that Plaintiffs had shown a likelihood of success on the merits, and further found that grounds for an attachment pursuant to CPLR 6201 exists, explaining: Read More
July 14, 2023 Court Granted Default Judgment Against LLC That Failed to Retain Counsel
On June 7, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision and order on motion in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2023 NY Slip Op 31930(U), granting plaintiff’s motion for default judgment against defendants after they failed to retain new counsel following the withdrawal of their prior counsel and a 45-day stay. The Court explained: Read More
July 12, 2023 Court Extended Time to Oppose Motion Marked “Fully Submitted – No Opposition” and Rejected Cross-Motion for Fees and Costs
In an Opinion, dated June 5, 2023, in Amsterdam Capital Solutions, LLC v. WeWork Companies Inc., 2023 NY Slip Op 50543(U), Justice Robert R. Reed of the New York County Commercial Division granted plaintiff’s motion seeking an extension of time to file a partial opposition to defendant’s motion to dismiss and denied defendant’s cross-motion for costs and attorneys’ fees. The Court explained: Read More
July 10, 2023 Defendants Not Required to Demonstrate Merit of Proposed Counterclaim on Motion for Leave to Amend Answer
In an Opinion, dated June 6, 2023, in Vertiv, Inc. v. Naithani, 2023 NY Slip Op 50548(U), Justice Robert R. Reed of the New York County Commercial Division granted defendants’ motion for leave to amend their answer to assert a counterclaim for breach of contract in the form annexed to the moving papers. The Court explained: Read More
July 7, 2023 Motion to Hold Defendants in Civil Contempt Denied Where No Unequivocal Mandate
On June 5. 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. TPG Cap. Mgmt., L.P., 2023 N.Y. Misc. LEXIS 2734. The Court denied the plaintiff’s motion to hold certain defendants in civil contempt for allegedly filing a court order permitting plaintiff jurisdictional discovery, holding that the court order plaintiff alleged these defendants had violated did not contain an “unequivocal mandate” required by “[l]ongstanding New York Court of Appeals precedent” to establish civil contempt. Read More
July 5, 2023 Court Declines to Vacate Note of Issue Where Remaining Issues Could Be Decided on Post-Discovery Motions Or Were Not Preserved
On May 31, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Oldcastle Precast v. Steiner Bldg. N.Y. City LLC, 2023 N.Y. Misc. LEXIS 2675, denying defendants’ motion to vacate the note of issue. In the action, the parties had proceeded in discovery before a special referee, who had decided numerous discovery issues prior to the filing of the note of issue but left certain other issues relating to sanctions and the admissibility of certain expert reports for the Court to decide. The Court rejected defendants’ arguments that the special referee’s failure to decide these issues warranted vacating the note of issue, because those issues could still be addresses on summary judgment or motions in limine or were not preserved. Read More
June 23, 2023 Court Dismisses Claims That Parties Entered Into Partnership
In an Opinion, dated May 24, 2023, in Offshore Exploration & Prod., LLC v. De Jong Capital, LLC., 2023 NY Slip Op 50502(U), Justice Robert R. Reed granted defendant’s motion to dismiss the plaintiff’s causes of action for: (1) a declaratory judgment that the parties entered into a partnership; (2) breach of the partnership agreement; and (3) for breach of fiduciary duty that partners owe to each other. After determining that Texas law applied based on having more contacts with the action that New York, the Court explained: Read More
June 21, 2023 Court Determines Non-Solicitation Clauses Enforceable
In an Opinion, dated May 24, 2023, in Perella Weinberg Partners LLC v. Kramer, 2023 NY Slip Op 50501(U), Justice Robert R. Reed determined that non-solicitation clauses, which barred the solicitation of both employees and clients of plaintiff, in the parties’ agreements were enforceable. Defendants argued that the restrictive covenants were unenforceable insofar as they purported to bar defendants from communicating with persons with which they had relationships prior to their tenure at plaintiff and that each restrictive covenant was void as a matter of law. Plaintiffs argued the converse. The Court agreed with Plaintiffs, explaining: Read More
June 16, 2023 Motion for Default Judgment Based on “Nail and Mail” Service Denied For Failure to Complete “Due Diligence”
In a Decision and Order, dated May 19, 2023, in McGuigan v. Gendell, Index No. 650294/2021, Justice Joel M. Cohen denied plaintiffs’ motion for a default judgment finding that plaintiffs did not sustain their burden to establish proper service under CPLR 3215(f). The Court explained: Read More
June 14, 2023 Sale of Co-Op’s Air Rights Triggered BCL §909(a) Requirement of Shareholder Approval
In a Decision and Order, dated May 19, 2023, in Cogan v. Lei, Index No. 653221/2022, Justice Andrew Borrok held that the Purchase and Sale Agreement to sell a Co-op’s air rights was void for, among other reasons, failure to obtain shareholder approval. The Court explained: Read More
June 12, 2023 Plaintiff Entitled to Pursue Lost Profits on $830 Million Hotel Casino Project
In an Opinion, dated May 25, 2023, in BML Properties Ltd. V. China Construction America, Inc., Index No. 657550/2017, Justice Andrew Borrok denied defendants’ motion for summary judgment. The Court previously found that the fraud claims were not duplicative of the breach of contract claims because they relied on misrepresentations of then-current facts regarding the project. In this Opinion, the Court, among other things, refused to preclude plaintiffs, at this stage, from seeking lost damages. The Court explained: Read More
June 9, 2023 Motion for Leave to Amend Granted in Part and Denied in Part Following Appellate Division Decision
On May 19, 2023, Justice Joel M. Cohen, of the New York County Commercial Division, issued a decision in in Homapour v. 3M Props., LLC, 2023 N.Y. Misc. LEXIS 2496. The Court granted in part and denied in part the plaintiff’s motion for leave to amend the complaint, which was made following decisions made by the First Department and Second Department in the underlying action and related actions relevant to the motion. The Court denied the motion as to one specific claim which was barred by the prior First Department order, but otherwise granted the motion for leave to amend. Read More
June 7, 2023 Summary Judgment Denied Where Plaintiff’s Demand Conflicted with Parties’ Course of Dealing and Express Terms of Contract
On May 23, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in GalaxE.Healthcare Sols., Inc. v. RxSense, LLC, 2023 N.Y. Misc. LEXIS 2568. The Court denied the plaintiff’s motion for summary judgment, finding that the plaintiff’s claim was contradicted by the parties’ prior course of dealing and the express terms of the parties’ agreement. The Court explained: Read More
June 5, 2023 Late Response to Discovery Demands Does Not Waive Objections to Palpably Improper Demands
On May 22, 2023, Jennifer G. Schecter of the New York County Commercial Division issued a decision in LI v. Satsuma USA LLC, 2023 N.Y. Misc. LEXIS 2530. Ruling on multiple discovery-related motions, the Court ruled in relevant part that, while the plaintiff’s response to defendants’ post-deposition demands was untimely, a late response to discovery demands does not result in waiver of objections to palpably improper demands. Read More
June 2, 2023 Commercial Division Rule 27 Amended to Address Proper Subject of Motions in Limine
On May 15, 2023, the Acting Chief Administrative Judge of the Courts signed an administrative order amending Commercial Division Rule 27 to set a deadline for papers in opposition to motions in limine and to specify the types of evidence to which motions in limine should and should not be addressed. Read More
May 26, 2023 Court Dismisses Claims Because Agreement Expired
In an Opinion, dated May 1, 2023, in Richmond Global Compass Fund Mgt., GP, LLC v. Nascimento, 2023 NY Slip Op 31448(U), Justice Andrew Borrok granted in part defendant’s motion to dismiss. The matter concerned, inter alia, claims for breach of an agreement’s non-competition and non-solicitation provisions. The Court explained: Read More
May 24, 2023 Court Grants Motion To Compel Arbitration
In an Opinion, dated May 2, 2023, in Surgical Specialists of Greater N.Y. v. Aetna, Inc., 2023 NY Slip Op 31479(U), Justice Barry R. Ostrager granted defendants’ motion to compel arbitration. The Court explained: Read More
May 22, 2023 Court Grants Motion To Dismiss Legal Malpractice Claim
In an Opinion, dated May 2, 2023, in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2023 NY Slip Op 31505(U), Justice Margaret A. Chan granted defendant’s motion to dismiss a complaint for legal malpractice. The case concerned the narrowing of a turnover provision in a subordination agreement during the agreement’s negotiation. Plaintiff alleged that defendant failed to detect and inform it of the revision to the turnover provision, which effectively precluded its remedy against a junior lender. Justice Chan rejected defendant’s argument that it could not be held liable since plaintiff was supposed to read and know the contents of the subordination agreement, which it signed, and had its own General Counsel, noting that: Read More
May 19, 2023 Motion to Sever Claims Denied Because Discovery Regarding Liability and Damages May Be Related
In an Opinion, dated April 28, 2023, in ASM Capital, LP v. Four Wood Capital Partners LLC, Index No. 657238/2019, Justice Robert R. Reed denied defendants’ motion to sever and bifurcate plaintiffs’ causes of action for purposes of pre-trial discovery and motion practice. Defendants argued that in this action, where plaintiffs allege that defendants deprived them of the benefit of a business opportunity, discovery for liability and discovery for damages require the production of significantly different evidence. Denying their motion, the Court explained: Read More
May 17, 2023 Court Dismissed Claim to Inspect Books and Records Under BCL § 624 But Not Under Common Law
In a Decision and Opinion on Motion, dated April 12, 2023, in Hafeez v. American Express Co., Index No. 656656/2022, Justice Margaret A. Chan granted defendant’s motion to dismiss plaintiff’s claim for inspection of records that was brought pursuant to BCL § 624 but denied the same motion brought pursuant to common law. Plaintiff, a shareholder of American Express, sought to inspect defendant’s books and records following reports by the Wall Street Journal that American Express was using aggressive and misleading card tactics. The Court explained that, as to the statutory claim: Read More
May 15, 2023 Allegations Sufficient to Support Claim For Breach of Tortious Interference with Contract at Motion to Dismiss Stage, But Not Claims for Tortious Interference with Prospective Business Relations or Unfair Competition
In a Decision and Order on Motion, dated April 17, 2023, in Millennium Consolidated Holdings, LLC v. Bluefin Capital Management, LLC, Index No. 656387/2022, Justice Margaret A. Chan denied defendant’s motion to dismiss the claim for tortious interference with contract or, in the alternative, to stay the action pending a determination from FINRA on a related matter between plaintiffs and the non-party employee, but granted defendant’s motion to dismiss plaintiffs’ claims for tortious interference with prospective business relations and unfair competition. Defendant, a privately-owned multi-strategy trading firm, employed plaintiffs’ former employee who had signed several agreements that subjected him to non-compete and confidentiality obligations. The Court explained while the allegations were sufficient to support a claim for tortious interference with the restrictive covenants in the former employee’s agreements with plaintiffs, the other claims should be dismissed: Read More
May 12, 2023 Motion to Dismiss Improperly Granted Where New York and Colombian Law Differ
In a decision dated April 27, 2023, in ROAM Capital, Inc. v. Asia Alternative Management, LLC, Index No. 651728/2019, First Department Case No. 2022-01318, the First Department unanimously reversed, on the law, the decision of the Motion Court (Jennifer Schecter, J.), which dismissed the supplemental amended complaint (SAC) with prejudice pursuant to CPLR 3211. In reversing the Motion Court’s decision as to the SAC’s claim for breach of contract and other arising out of a “right of first refusal” provision in the applicable agreement, the First Department explained: Read More
May 10, 2023 Motion for Summary Judgment in Lieu of Complaint Properly Granted Despite Additional Performance Obligations by Borrower
In a decision dated May 2, 2023, in BBM3, LLC v. James Vosotas, Index No. 652015/21, First Department Case Nos. 2022-01935 and 2023-00050, the Appellate Division, First Department affirmed the decision by the Motion Court, Andrew Borrok, J., granting plaintiff’s motion pursuant to CPLR 3212 for summary judgment in lieu of complaint. The First Department explained: Read More
May 8, 2023 Motion for Leave to Amend Granted Where no Additional Discovery Needed
On April 5, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in National Union Fire Insurance Company of Pittsburgh, P.A. Ace American Insurance Company, Index No. 653702/2020. The Court granted Plaintiff National Union’s motion for leave to amend its complaint “to change its claim from breach of the duty good faith and fair dealing under New York law to equitable subrogation under Georgia law.” The Court held that the motion should be granted as the defendant showed no prejudice or surprise from the proposed amendment. The Court explained: Read More
May 5, 2023 Court Denies Motion to Depose Individual As Corporate Representative
In an Opinion, dated April 3, 2023, in Phillips Auctioneers LLC v. Grosso, Index No. 651782/2020, Justice Andrea Masley denied defendant’s motion to depose Nicola Del Roscio as the corporate representative of the Cy Twombly Foundation. The case arose out of a consignment contract between the plaintiff auction house and consignor defendant. The contract provided that plaintiff could withdraw the work at issue if there “is reasonable doubt as to its authenticity, authorship or attribution[]. . .” Plaintiff brought the action to recover an advance, withdrawal fee, and out-of-pocket expenses for the withdrawal of an alleged false artwork by Cy Twombly. Grosso counterclaimed. Grosso deposed David Baum, the Secretary and General Counsel of the Foundation, but argued that he was entitled to depose Del Roscio as well. Grosso claimed that plaintiff’s decision to withdraw the work at issue was principally informed by information from the Foundation and thus Del Roscio’s deposition was necessary. The Court rejected Grosso’s argument, explaining: Read More
May 3, 2023 Court Precludes Party From Introducing Exhibits And Witnesses And Objecting To Admissibility Of Other Party’s Exhibits
In an Opinion, dated March 31, 2023, in Kalamotousakis v. Karp, Index No. 655880/2019, Justice Melissa A Crane granted in part plaintiff’s motion in limine precluding defendants from introducing exhibits and witnesses at trial, as well as from objecting to the admissibility of plaintiff’s trial exhibits, but denied the motion to the extent it sought an order striking defendants’ answer and counterclaims. The Court explained: Read More
May 1, 2023 First Department Declines To Dismiss Cause of Action For Specific Performance of LLC Voting Agreement
In a Decision, dated January 24, 2023, in Tsai v. Lo, 212 A.D.3d 547 (1st Dept 2023), the First Department reversed the Motion Court’s dismissal of counterclaims for breach of contract and specific performance based on an alleged oral agreement by plaintiff to consent to both the future sale of the real property purchased by the LLC and/or the future sale of defendants’ interest in the LLC. The First Department explained: Read More
April 28, 2023 Court Denies Motion to Dismiss Aiding and Abetting Conversion
In Decision and Order, dated March 28, 2023, in NW Media Holdings Corp. v. IBT Media, Inc., Index No. 652344/2022, Justice Melissa Crane granted in part and denied in part defendant Etienne Uzac’s motion to dismiss. This blog commented on a separate opinion in this case on April 5, 2023. The case concerned the purchase of Newsweek by plaintiff NW Media Holdings from defendant IBT. Uzac is a founder and owner of IBT, as well as its CEO. Plaintiff brought several causes of action, but as relevant to the aiding and abetting conversion claim, the Court explained: Read More
April 26, 2023 Court Declines To Issue Sanctions For Discovery Violations But Suggests Significant Sanctions Would Follow If Defendant Failed To Comply
In a Decision and Order on Motion, dated March 30, 2023, in Zuckerbrot v. Lande, Index No. 655110/2020, Justice Joel M. Cohen granted in part plaintiffs’ motion concerning various discovery violations by defendant. While noting significant violations, the Court declined, at the current juncture, to impose sanctions, explaining: Read More
April 24, 2023 Court Grants Motion to Dismiss Based On Documentary Evidence
In a Decision and Order on Motion, dated April 4, 2023, in Directional Capital LLC v. Butterfly Equity L.P., Index No. 653741/2022, Justice Andrea Masley granted defendant’s motion to dismiss based on documentary evidence.  Plaintiff alleged that defendant violated a non-circumvention provision in the parties’ agreement, claiming it introduced defendant to Qdoba, which defendant subsequently announced it was buying.  The Court explained:  Read More
April 21, 2023 Projections and Estimates Contained in Investment Memorandum Not Basis for Claim of Fraud or Misrepresentation
In a Decision and Order, dated March 13, 2023, in Cimen v. HQ Capital Real Estate L.P., Index No. 656205/2020, Justice Joel M. Cohen of the New York County Commercial Division dismissed plaintiffs’ amended complaint asserting, among other things, fraud and negligent misrepresentation based on projections and estimates in an investment memorandum because plaintiffs failed to adequately allege that the projections were based on actionable factual misrepresentations or that they did not reflect defendants’ views with the requisite particularity. The Court explained: Read More
April 19, 2023 2022 Annual Report - Commercial Division of NYS Supreme Court
The page of the New York State Unified Court System 2022 Annual Report which describes the Commercia… Read More
April 17, 2023 First Department Finds Lower Court Applied Wrong State’s Law to Statute of Limitations and Standing
In a Decision, dated March 30, 2023, in MLRN LLC v. U.S. Bank, NA, 2023 NY Slip Op 01748, the First Department, among other things, (1) reversed the lower court’s denial of defendant’s motion to dismiss causes of action for certain breaches holding that the court should not have found that the claims accrued in New York and were timely under New York’s six-year statute of limitations and (2) reversed the lower court’s granting of plaintiff’s motion for summary judgment finding that court should have applied New York’s choice of law. The Court explained: Read More
April 14, 2023 Where Foreign Law Applies, Court Must Apply Limitations Period of Foreign Cause of Action Most Closely Analogous to the New York Causes of Action
On March 28, 2023, Justice Joel. M. Cohen of the New York County Commercial Division issued a decision in Andes Petroleum Ecuador Ltd. v. Occidential Petroleum Corp, 2023 N.Y. Misc. LEXIS 1385. In this action, where the claims accrued in Ecuador and thus the Ecuador statute of limitations applied, the Court had previously denied defendant’s motion to dismiss, “finding that [defendant] failed to meet its burden of showing that [plaintiff’s] claims were time-barred under Ecuadorian law.” The First Department reversed and remanded with the instruction that “the Court consider ‘the expert evidence provided by each side concerning what Ecuadorian causes of action are most closely analogous to the New York causes of action’ for fraudulent conveyance.” On remand, the Court held that the most closely analogous Ecuadorian cause of action had a four-year statute of limitations, and that because the claims had been filed more than four years after they accrued, the Court granted the motion to dismiss. The Court explained: Read More
April 12, 2023 Motion to Compel Arbitration Denied Despite Reference to Arbitration in Forum Selection Clause
On March 28, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in FFS Data Corp. v. the OLB Group, Inc., 2023 N.Y. Misc. LEXIS 1377. The Court denied the defendant’s motion to compel arbitration based on a dispute resolution provision contained in an asset purchase agreement between the parties. The Court noted that the provision in question “is a marvel of linguistic misdirection”, but ultimately determined that the defendant “has not carried its burden of establishing that the parties had a clear, explicit and unequivocal agreement mandating that they arbitrate disputes arising out of the APA.” The Court explained: Read More
April 10, 2023 Unconditional Guaranty is Instrument for Payment of Money Only Within the Meaning of CPLR 3213 Despite Indemnification Provision
On March 27, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in HCC Insurance Holdings, Inc. v. Athenium Analytics LLC, 2023 N.Y. Misc. LEXIS 1317. The Court held that an unconditional guaranty on a note was an instrument for the payment of money only within the meaning of CPLR 3213, even where the guarantee, in the preamble and within a provision providing for indemnification, including the word “performance.” The Court explained: Read More
March 29, 2023 Assignment Was Not Champertous
In a Decision and Order, dated March 1, 2023, in IKB Int’l S.A. v. Morgan Stanley, Index No. 653964/2012, Justice Melissa Crane granted in part and denied in part Morgan Stanley’s motion for summary judgment.  Schlam Stone & Dolan LLP represents Plaintiffs in this action.  Morgan Stanley argued, inter alia, that the assignment of claims to IKB AG was champertous.  The Court rejected this argument, explaining:  Read More
March 27, 2023 Recently Completed Assignment Sufficient For Standing At Pleading Stage
In a Decision and Order on Motion, dated March 7, 2023, in Finitive LLC v. Pattelli, Index No. 155024/2022, Justice Barry R. Ostrager granted in part and denied in part Defendants’ motion to dismiss. In denying that portion of Defendants’ motion to dismiss which argued that Plaintiffs, including Private Brokers LLC (“PB”), lacked standing, the Court explained: Read More
March 24, 2023 Lawyer’s “Good Faith” Judgment Call Invalid Defense to Violating Court Order
In a Decision and Order, dated January 17, 2023, in Silverstein v. Borukhin, Index No. 650418/2021, Justice Jennifer Schecter of the New York County Commercial Division ordered plaintiff’s counsel to pay sanctions for advising his expert that it was acceptable to photograph source code for use in his report without first seeking or obtaining defendants’ consent or court approval as required. The Court explained: Read More
March 22, 2023 Fee Shifting Provision in Partnership Agreement Cost Plaintiff Over $750,000
In a Decision and Order, dated February 17, 2023, in Gibbs v. Holland & Knight, LLP, Index No. 159345/2014, Justice Andrew Borrok of the New York County Commercial Division denied a former partner’s motion to vacate the arbitrator’s award of attorneys’ fees and costs to defendant law firm and granted defendant’s cross-motion to confirm the final award even though plaintiff prevailed on one discrete issue in the arbitration. The Court explained: Read More
March 20, 2023 Former Employee Entitled to Sever Claims Awarded on Summary Judgment
In a Decision and Order, dated February 21, 2023, in Baker v. Waller Capital Corp., Index No. 655859/2017, Justice Joel M. Cohen of the New York County Commercial Division granted plaintiff’s motion to sever the claims awarded on summary judgment so that he may begin to collect the amounts awarded as guaranteed payments pursuant to his employment agreement. The remainder of claims would proceed to trial. The Court explained: Read More
March 17, 2023 Attorneys’ Fees Award Reasonable Based on Work Completed and Result Achieved
On February 14, 2023, Justice Margaret Chan of the New York County Commercial Division issued a decision in Pacific Premier Bank v. HNI, LLC, 2023 N.Y. LEXIS 647, confirming the report and recommendation of Special Referee Jeremy R. Feinberg awarding plaintiff nearly $1 million in attorneys’ fees and costs incurred in the litigation pursuant to a contractual provision. The Court explained: Read More
March 15, 2023 Motion for Summary Judgment Premature After Grant of Motion to Compel
On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Ninth Space LLC v. Goldman, 2023 N.Y. Misc. LEXIS 706, holding that a motion for summary judgment was premature where a recent Appellate Division decision in the case had necessitated reopening discovery into certain aspects of the case and after the court had granted a motion to compel that discovery. The Court explained: Read More
March 13, 2023 Motion to Amend Granted When Not Palpably Insufficient and Would Not Impact Upcoming Trial Date
On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Baker v. Waller Capital Corp., 2023 N.Y. Misc. LEXIS 709, granting plaintiff’s motion to amend in part to add claims for fraudulent conveyance and conversion against certain defendants. The Court explained: Read More
March 3, 2023 Court Grants Motion To Dismiss Negligence Claims Against Bank
In a Decision and Order, dated January 10, 2023, in Q3 Inv. Recovery Veh. LLC v. McEvoy, Index No. 657090/2020, Justice Andrea Masley granted Signature Bank’s motion to dismiss the amended complaint against it. Plaintiff had alleged that Signature was negligent and grossly negligent for permitting investor funds deposited into an account at Signature to be fraudulently transferred out of the account rather than invested in a cryptocurrency exchange. Noting that under New York law banks do not usually owe non-customers a duty to protect them from the intentional torts of their customers, the Court noted there was an exception for trust accounts or fiduciary accounts. The Court explained: Read More
March 1, 2023 Plaintiffs Precluded From Using Evidence Of Alleged Fraudulent Transfers As Proof Of Consciousness of Guilt
In a Decision and Order, dated January 27, 2023, in Beach v. Touradji Capital Mgmt, LP, Index No. 603611/2008, Justice Andrea Masley granted Defendant’s motion to preclude Plaintiffs from offering evidence and testimony regarding distributions made between 2012 and 2018 that were the subject of a separate lawsuit. The Court explained: Read More
February 27, 2023 Dead Man’s Statute Does Not Preclude Evidence Concerning Disputed Agreements On Summary Judgment
In an Opinion, dated January 24, 2023, in 35 W. Realty, LLC v. Booston, LLC, Index No. 653674/2015, Justice Margaret A. Chan denied Plaintiff’s in limine motion to preclude evidence concerning disputed agreements based upon CPLR § 4519, also known as the Dead Man’s Statute. The Court explained: Read More
February 24, 2023 Conversion Claim Withstands Motion to Dismiss Even Though Plaintiffs Plead Alternate Arguments About Transferred Funds
In a Decision and Order, dated January 31, 2023, in Hieber Astoria, LLC v. Taverna, Index No. 650793/2022, Justice Andrew Borrok of the New York County Commercial Division denied Mr. Taverna’s motion to dismiss the conversion claim against him even though plaintiffs took the position that the funds which were taken from their entity and transferred to another entity were either converted or should be treated as their capital contributions in the new entity. The Court explained: Read More
February 22, 2023 Court Requires Full Disclosure in Business Divorce Action, Rejecting Defendants’ Attempt to Provide Less than All Required Information and Discovery
In a Decision and Order, dated January 30, 2023, in UniLoeb Holdings LLC v. Shamus, Index No. 651136/2022, Justice Andrew Borrok of the New York County Commercial Division denied defendants’ argument that the claims for breach of the Operating Agreement and for an equitable accounting were moot and that it was not required to comply with certain discovery orders because a stay of discovery from non-parties was in place. The Court explained: Read More
February 17, 2023 Sanctions, But Not Striking of Pleadings, Warranted for Failure to Properly Produce or Log Privileged Documents
On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Lis v. Lancaster, 2023 N.Y. Misc. LEXIS 182, permitting the plaintiff to make a motion for sanctions in the form of its reasonable attorneys’ fees in making a discovery motion where the opposing party improperly withheld documents pursuant to the attorney-client privilege without properly logging those documents on a privilege log. The Court denied the motion insofar as it asked the Court to strike the defendants’ pleadings pursuant to CPLR 3126. The Court explained: Read More
February 15, 2023 Forum Selection Clause Insufficient to Warrant Dismissal Where Litigation Does Not Arise Out of Contract Including Clause
On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Meltzer v. Kentucky Hi Tech Greenhouses LLC, 2023 N.Y. Misc. LEXIS 160, dismissing in part and granting in part defendants’ motion to dismiss. The Court denied the motion insofar as it sought dismissal of the entire action pursuant to CPLR 3211(a)(1) based on a forum selection clause in the defendant’s operating agreement or the forum selection clause in a settlement agreement between the parties. The Court held that neither forum selection clause applied because each related solely to specific issues that were not the issues in the pending action, explaining: Read More
February 13, 2023 Order Granting Motion to Dismiss Sufficient to Make Party “Prevailing Party”
On January 13, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in Parkmerced Invs., LLC v. WeWork Cos. LLC, 2023 N.Y. Misc. LEXIS 213, holding that a party was the “prevailing party” for the purpose of awarding attorneys’ fees pursuant to a contractual provision permitting the award of fees to the prevailing party where it had obtained an order granting its motion to dismiss the claims against it in its entirety. The Court explained: Read More
February 3, 2023 License Agreement Properly Terminated Based On Material Breach
In a Decision and Order, dated January 13, 2023, in Screen Media Ventures, LLC v. Capella International, Inc. Index No. 654358/2012, Justice Andrew Borrok granted Capella International’s motion for summary judgment in its entirety. The Court explained: Read More
February 1, 2023 Court Denies Motion To Vacate Default Judgment
In a Decision and Order, dated January 5, 2023, in Yunjie Frank Yang v. Knights Genesis Group, Index No. 651118/2021, Justice Andrew Borrok denied Defendant’s motion to vacate a default judgment. The Court explained: Read More
January 30, 2023 Court Denies Preliminary Injunction Because Plaintiffs Merely Sought Monetary Relief
In a Decision and Order, dated January 12, 2023, in Benefit St. Partners Realty Operating Partnership, L.P. v. Di Hao Zhang, Index No. 653238/2022, Justice Margaret A. Chan denied Plaintiff’s motion for a preliminary injunction and an attachment. As to the preliminary injunction, Justice Chan concluded that Plaintiffs had not established the identifiable proceeds exception to the general rule that there is no irreparable harm where the injury can be reduced to monetary damages. The Court explained: Read More
January 27, 2023 Summary Judgment Granted Where Defendants Fail to Rebut Prima Facie Case
In a Decision and Order, dated January 5, 2023, in Cline v. Schuster Enters., LLC, Index No. 656167/2021, Justice Joel M. Cohen of the New York County Commercial Division granted plaintiff’s motion for summary judgment where defendants did not rebut evidence that they failed to repay a loan in full by the expiration of the forbearance term. The Court explained: Read More
January 25, 2023 No Delay Required Before Attorneys Withdraw Where There’s Breakdown of Attorney-Client Relationship
In a Decision and Order, dated July 25, 2022, in Adler v. Mitchell, Index No. 650805/2019, Justice Robert R. Reed of the New York County Commercial Division granted the Order to Show Cause to Withdraw as Counsel filed by defendants’ counsel where defendants had stopped paying counsel’s fees. The Court explained: Read More
January 23, 2023 Non-Specific Assertions that Actions Should be Consolidated Held Insufficient to Shift Burden
In a Decision and Order, dated January 9, 2023, in Youyi Chen v. 215 Chrystie Venture, LLC, Index No. 655908/2020, Justice Robert R. Reed of the New York County Commercial Division denied defendants’ motion for consolidation where one action sounded in pre-contractual tort claims and the other actions involved post-contractual breach of contract claims. Rejecting defendants’ argument that plaintiffs had to show prejudice, the Court explained: Read More
January 20, 2023 Plaintiff Cannot Bring Claim for Rescission Where There was a Meeting of The Minds
On December 20, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a case in Ametek, Inc. v. Goldfarb, 2022 N.Y. Misc. LEXIS 7917, dismissing the defendants’ counterclaim for rescission but denying the motion to dismiss the counterclaim for reformation where the defendants did not dispute that there was a meeting of the minds as to the relevant contract provision but disputed whether the provision in the written contract reflected the agreement of the parties, explaining: Read More
January 18, 2023 Company President Cannot Bring Litigation in Company’s Name Absent Board or Shareholder Approval
On December 28, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a case in NW Media Holdings Corp. v. IBT Media Inc., 2022 N.Y. Misc. LEXIS 8386, holding that where a closely held company’s by-laws require approval by a majority of the board or shareholders to bring litigation, the president of that corporation does not have the authority to bring litigation in the name of the corporation absent such a vote, explaining: Read More
January 6, 2023 Plaintiff Stated Claim For Breach Of The Implied Covenant Of Good Faith And Fair Dealing
In an Amended Decision and Order, dated December 3, 2022, in EarthLink, LLC v. Charter Commc’ns Operating, LLC., Index No. 654332/2020, Justice Andrea Masley granted in part and denied in part Defendant’s motion to dismiss Plaintiff’s claim for breach of the implied covenant of good faith and fair dealing based on Defendant’s making false representations to EarthLink’s subscribers and by wrongfully increasing the price of EarthLink’s service to its subscribers.  The Court explained: Read More
January 4, 2023 Party May Add Declaratory Judgment Claim Seeking Ruling On Whether Entities Can Be Admitted As LLC Members
In a Decision and Order, dated December 9, 2022, in Bessemer Trust Co., N.A. v. Hart, Index No. 655830/2019, Justice Joel M. Cohen granted Plaintiff’s motion to amend to, inter alia, include a declaratory judgment claim to recognize certain entities’ rights with respect to two LLC’s. The Court explained: Read More
December 30, 2022 Acknowledgement of Conflict Insufficient to Support Claim for Disgorgement of Fees
In a Decision and Order, dated December 8, 2022, in Marcum LLP v. L’Abbate, Balkan, Colavita & Contini, L.L.P., Index No. 151586/2021, Justice Joel Cohen of the New York County Commercial Division, among other things, dismissed plaintiff’s claim to recover legal fees paid in connection with allegedly negligent work but not plaintiff’s claim for compensation for its increased legal expenses arising out of defendant law firm’s late withdrawal as counsel. The Court explained: Read More
December 9, 2022 Court Grants Motion To Dismiss Individuals Due To Lack of Personal Jurisdiction
In an Opinion, dated October 25, 2022, in Cortlandt St. Recovery Corp. v. TPG Capital Mgt., L.P., Index Number 65117618/2017, Justice Robert R. Reed granted, inter alia, individual defendants’ motions to dismiss for lack of personal jurisdiction.  Plaintiff had brought the action regarding promissory notes known as “floating rate subordinated notes due 2015” issued by a nonparty shell company.  The Court rejected Cortlandt’s argument that it had jurisdiction over the individuals under an alter ego theory and the closely-related doctrine.  The Court explained:  Read More
December 7, 2022 Court Grants Company’s Motion To Deny COO Indemnification
In a Decision and Order, dated November 7, 2022, in Iconix Brand Group v. Horowitz., Index No. 650726/2022, Justice Barry R. Ostrager granted, in significant part, plaintiff’s motion for a declaration that it is not required to indemnify its former COO for any fees incurred in connection with criminal and SEC investigations arising out of financial and accounting issues that arose while defendant was the COO of plaintiff. The Court explained: Read More
December 5, 2022 Court Enjoins Club Operator From Playing Amplified Music
In a Decision, dated November 7, 2022, in 42 W. Group v. 510 W42 Hotel Operating LLC, Index No. 652713/2022, Justice Joel Cohen granted a preliminary injunction in a commercial landlord tenant proceeding to prohibit plaintiff from using amplification devices that would make sound audible from outside of the premises, in accordance with the terms of the commercial lease between defendant and plaintiff. The Court set the undertaking required for the preliminary injunction at $10,000, explaining: Read More
December 2, 2022 Unjust Enrichment Claim Dismissed Due to Lack of a Sufficient Relationship Between the Parties
In a Decision and Order, dated August 15, 2022, in Arel Capital Partners II LLC v. HFZ RES Portfolio Holdings LLC, Index No. 653727/2021, Justice Andrew Borrok of the New York County Commercial Division dismissed, among other claims, causes of action for unjust enrichment and constructive trust against JP Morgan Chase Bank N.A. based on repayment of a loan JPM made to parties who allegedly breached an agreement with plaintiff. The Court explained: Read More
November 30, 2022 Court Resolved Contractual Ambiguity and Awarded Damages to Give Plaintiff Benefit of the Bargain
In a Decision and Order, dated August 22, 2022, in 57th & 60th St. Lender LLC v. State Bank of Tex., Index No. 654007/2018, Justice Jennifer Schecter of the New York County Commercial Division found the phrase “repaid in full” in a mortgage loan sale agreement to be ambiguous and, after holding a bench trial, resolved that ambiguity in favor of plaintiff and awarded damages in the amount plaintiff would have recovered on the loans had the agreement not been breached plus interest and attorneys’ fees. The Court explained: Read More
November 28, 2022 Court Abused Discretion by Going Beyond Four Corners of Complaint to Permit Amendment with Time-Barred Claim
In a Decision, dated October 27, 2022, in 34-06 73, LLC v. Seneca Ins. Co. (2022 NY Slip Op 06029), the Court of Appeals held that the lower court abused its discretion as a matter of law when it granted plaintiffs’ motion to amend to include a time-barred claim. The Court explained: Read More
November 11, 2022 Court Denies Motion To Set Aside Jury Verdict
In an Opinion, dated October 1, 2022, in 30-32 W. 31st LLC v. Heena Hotel LLC, Index Number 651918/2012, 2022 NYLJ LEXIS 1774, Justice Joel M. Cohen denied both parties’ motions for post-trial relief. The Court explained: Read More
November 9, 2022 Court Denies Motion To Seal Documents From Public View
In an Opinion, dated October 24, 2022, in Bravia Capital H.K. v. HNA Group Co., 2022 NY Slip Op 51039(U), Justice Robert R. Reed denied withdrawing counsel’s motion to permanently seal the documents filed in support of withdrawal.  The Court explained:  Read More
November 7, 2022 Plaintiff Did Not Allege Violation Of The Securities Act of 1933
In an Opinion, dated October 24, 2022, in Lorenzo v. Bluecity Holdings Ltd, Index No. 652894/2021, 2022 NYL Slip Op 51055(U), Justice Andrew Borrok dismissed Plaintiff’s amended complaint which asserted causes of action under the Securities Act of 1933 in connection with the Defendant’s IPO. The Court explained: Read More
November 4, 2022 Arbitration Permanently Stayed by Order to Show Cause After JAMS Was Ready to Proceed to the Selection of Arbitrator
In a Decision and Order, dated August 24, 2022, in Allyance Media Grp., Inc. v. Acker Family 2016 Gift Trust (2022 NY Slip Op 32888(U)), Justice Chan of the New York County Commercial Division held that CPLR 7503 did not bar a party whose counsel submitted letters to JAMS from applying for a stay more than twenty days after it received notice of the intention to arbitrate because the letters to JAMS stated its position that JAMS is not empowered to determine the threshold issue of arbitrability and the notice of intention to arbitrate did not include the requisite language of CPLR 7503(c). The Court explained: Read More
November 2, 2022 Opportunity to Comment on Proposed Change to Commercial Division Rules Regarding Virtual Evidentiary Hearings and Bench Trials
The Office of Court Administration has asked for public comment on the Commercial Division Advisory … Read More
October 31, 2022 Fee Shifting Between Partners Denied Without “Unmistakably Clear” Language of Intent
In a decision dated October 20, 2022, in Sage Systems, Inc. v. Liss, 2022 NY Slip Op 05918, the New York Court of Appeals reversed the Appellate Division and rejected plaintiff’s argument that a broad, unrestrictive indemnification provision in the partnership agreement entitled it to attorney’s fees related to direct claims between the partners. The Court explained: Read More
October 14, 2022 Notice Of Motion For Subpoena To Department Of Design and Construction of New York City Must Be Given To New York City
In an Opinion, dated September 29, 2022, in Lastinc, LLC v. AECOM USA, Inc., 2022 NY Slip Op 50958(U), Justice Robert R. Reed denied Plaintiff’s request, without prejudice, for the issuance of a judicial subpoena because plaintiff had failed to serve the motion on the City of New York even though the records sought fell within the ambit of CPLR 2307. The Court explained: Read More
October 12, 2022 Decision In Prior Case Between The Parties Barred Most Of Plaintiff’s Claim
In an Opinion, dated September 26, 2022, in Five Star Elec. Corp. v. Silverite Constr. Co., 2022 NY Slip Op 50899(U), Justice Robert R. Reed held that a prior decision by Justice Cohen in a different dispute between the parties barred substantially all of Five Star’s claim. The Court explained: Read More
October 10, 2022 LLC Managing Member Did Not Breach Fiduciary Duty In Diverting Investment Opportunity To Another Company
In a Decision After Trial, decided September 20, 2022, in Shatz v. Chertok, Index No. 655620/2018, 2022 NYLJ LEXIS 1635, Justice Jennifer Schecter held that the defendant managing member of an LLC did not breach his duty to the plaintiff non-managing member when he failed to present an opportunity to invest in a company known as Ripple Labs, Inc. The Court explained: Read More
October 7, 2022 Venue Cannot be Based on Domicile of Party Added to Action
On September 26, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Ahlin v. Lehr, Index No. 155191/2021, granting defendant’s motion for a change of venue from New York County to Westchester County, notwithstanding that the principal place of business of one of the parties was New York County because it was not a party when the action was commenced. The Court explained: Read More
October 5, 2022 Good Cause to Seal Documents Turns on Answers to Deposition Questions
On September 5, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in BDO United States v. Franz, Index No. 652816/2020, granting in part and denying in part a renewed motion to permanently seal court documents containing interviews of former employees about the development of proprietary tools in an action for breach of their employment contracts, explaining: Read More
October 3, 2022 Unopposed Motion for Judicial Subpoena Denied for Failure to Comply with CPLR 2307
On September 6, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in 63rd & 3rd NYC LLC v. Starr Indemnity & Liability Co., Index No. 650395/2020, denying, without prejudice, a motion, that was unopposed, requesting that the court issue a judicial subpoena directing a governmental department to produce documents because the movant failed to comply with the motion requirements of CPLR 2307. The Court explained: Read More
September 30, 2022 Sealing of Proprietary Business Information Permitted When Disclosure Would Threaten Party's Competitive Advantage
On August 9, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Linkable Networks v. Mastercard Inc., 2022 NYLJ LEXIS 1007, granting a motion to seal information that one of the parties claimed contained sensitive financial information concerning business strategies, licensing agreements and fees of nonparties, and proprietary materials reflecting commercial interests, business strategy, and legal planning, explaining:  Read More
September 9, 2022 Foreign Garnishee Banks that Maintain Bank Accounts in New York to Effect Dollar Transactions and the Funds Held in those Banks’ Correspondent Accounts Not Subject to Personal or Quasi-In-Rem Jurisdiction
On August 3, 2022, in Chaar v. Arab Bank P.L.C., Index No. 651780/2022, Justice Margaret Chan of the New York County Commercial Division denied plaintiffs’ motion to confirm a prior order of attachment for lack of quasi-in-rem jurisdiction. While plaintiffs asserted various activities by the defendant banks and their executive and board members in New York, including conducting banking activities, trading on the New York Stock Exchange and investing in real estate, those activities were not sufficiently related to plaintiffs’ claims to establish the constitutionally mandated minimum contacts. Read More
September 7, 2022 Confidentiality Stipulation Insufficient to Support Finding of Good Cause to Seal Documents and None Exists as to Information that is Embarrassing But Not Proprietary
On August 8, 2022, in Cf 125 Holdings LLC v. 125 LLC et al., Index No. 850143/2019, Justice Andrea Masley of the New York County Commercial Division granted in part and denied in part defendant’s motion to seal documents pursuant to Section 216.1 of the Uniform Rules for New State Trial Courts distinguishing communications that contain strategic information and could give a competitor an unearned advantage from documents that contain information that is inflammatory or embarrassing but not proprietary or confidential. The Court explained: Read More
August 26, 2022 Commercial Division Rule 6 Amended to Require Answer to Interlineate Each Allegation To Which It Responds
On August 17, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Rule 6 of the Commercial Division Rules to require that a responsive pleading "interlineate each allegation of the pleading to which it is responding with the party's response to that allegation." The full text of the amended rule, which becomes effective on September 12, 2022, is below: Read More
August 12, 2022 Plaintiffs Permitted to File Second Amended Complaint to Clarify Causes of Action Where Complaint Not Patently Devoid of Merit and Defendants Not Prejudiced
On July 25, 2022, in Ketterer v. Grayson, Index No. 653510/2021, Justice Borrok of the New York County Commercial Division granted plaintiffs leave to file a Second Amended Complaint. The original complaint asserted derivative claims and the amended complaint asserted claims for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and unjust enrichment. In the Second Amended Complaint, plaintiffs sought to add additional factual allegations relating to already plead claims, remove certain causes of action, and clarify that the remaining causes of action are brought directly, and not derivatively. Read More
August 10, 2022 Manager of LLC Satisfied Contractual Obligation to Provide Annual Financial Statements by Providing Tax Returns
On March 28, 2022, in BCI Fin. Holdings LLC v. RT Two LLC, Index No. 653394/2020, Justice Margaret Chan of the New York County Commercial Division granted summary judgment dismissing defendant and counterclaim-plaintiff’s counterclaim for breach of the operating agreement based on the manager’s failure to provide the annual financial statements as expressly required finding that the tax returns that were provided could serve as financial statements because they contain the required information and adopt the required accounting standard. Read More
August 8, 2022 Court Puts Substance Over Form to Deny Pre-Answer Motion to Dismiss Breach of Contract Claim
On April 8, 2022, in AFL Constr. Co., Inc. v. Roosevelt Is. Operating Corp., Index No. 656072/2021, Justice Ostrager of the New York County Commercial Division denied defendant’s pre-answer motion to dismiss plaintiff’s breach of contract claim rejecting defendant’s argument that dismissal was proper where plaintiff did not provide its “notice of claims” in accordance with the literal language of the contract.  The Court held that it was premature to dismiss the breach of contract claim at the pre-answer motion to dismiss stage because a dispute exists as to whether plaintiff’s notices were sufficient to comply with the meaning, purpose, and intent of the contract. Read More
July 25, 2022 The Business Council of New York State, Inc., Holds Webinar Discussing Benefits of the Commercial Division
On June 7, 2022, The Business Council of New York State, Inc., held a webinar entitled "The Benefits of the Commercial Division to the State of New York."  The Business Council is New York State’s largest business organization--made up of approximately 3,500 member companies, local Chambers of Commerce, and professional and trade associations). This webinar discusses how the Commercial Division helps to increase business activity in New York, and to thus generate tax revenue and provide jobs. Specifically, this webinar discusses recent improvements to the Commercial Division’s rules, procedures, and operations that have been designed to be responsive to the needs and concerns of the business community. Read More
July 15, 2022 Class Action Tolling Does Not Apply to Trusts That Did Not Join the Class
On May 10, 2022, in Zittman v. Bank of N.Y. Mellon, Index No. 656037/2021, Justice Andrew Borrok of the New York County Commercial Division held that tolling that saved claims brought by a class of certificate holders in residential mortgage-back security trusts did not apply to claims relating to trusts that were not part of the class even though the plaintiffs and trustee were the same and the claims similar. Read More
July 13, 2022 CPLR 3213 Unavailable Where Personal Guaranty Agreement Did Not Incorporate All Necessary Terms and Conditions by Reference
On March 8, 2022, in Sanghvi Diamonds LLC v. Agadjani, Index No. 652445/2021, Justice Joel M. Cohen of the New York County Commercial Division denied the award of summary judgment in lieu of complaint because the unconditional right to payment was not clear from the face of a document. Further, even though defendant acknowledged owing about 80% of the amount plaintiff sought, because each transaction represented a distinct contract for sale, the question of damages was tied up with the question of liability and the motion under CPLR 3213 was deemed a complaint. Read More
July 11, 2022 Opinions Are Not Defamatory Even If Offensive
On April 1, 2022, in Lewis v. Schuster, Index No. 157975/2020, Justice Andrea Masley of the New York County Commercial Division dismissed a defamation action brought by a former partner of a law firm who was terminated after being accused of sexual misconduct. The former partner sued both the law firm and several of its partners for wrongful termination and later, in an amended complaint, defamation.  In this action, the former (terminated) partner sued an attorney representing one of the law partners for allegedly defamatory statements made to the New York Law Journal which wrote an article covering the amended complaint. Read More
June 27, 2022 Attorney Affirmation Made Upon Information and Belief Cannot Support Motion for Default Judgment
On May 10, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Stanziale v. Perlson, 2022 N.Y. Slip Op. 31528(U), holding that an attorney affirmation was insufficient to support a motion for default judgment when many of the allegations in the affirmation were based on information and belief, explaining: Read More
June 17, 2022 Contractual Obligation to Maintain Insurance and Indemnify Party Demonstrates It Was Intended Beneficiary of Contract
On March 29, 2022, in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., INDEX NO. 656079/2018, Third-Party Index No. 596075/2019, Justice Andrew Borrok of the New York County Commercial Division denied those portions of third party defendant contractor’s motion to dismiss the amended third party complaint alleging breach of contract and contractual indemnification because the contractual language is clear that the third party plaintiff architect/engineer was an intended beneficiary of the contract. Read More
June 15, 2022 Alleging "Cardinal Changes" in Construction Work Sufficient to Warrant Granting Leave to Amend Complaint to Add Quantum Meruit Claim
On April 20, 2022, in L&M Fabrication & Mach., Inc. v. Lane Constr. Corp, Index No. 152899/2021, Justice Joel Cohen of the New York County Commercial Division granted plaintiff leave to file an amended complaint adding a cause of action for quantum meruit based on alleged “cardinal changes” in the construction work at issue. Read More
June 13, 2022 Text Messages Insufficient to Satisfy Statute of Frauds Mandate that Writing Memorializing Oral Contract be "Subscribed"
On May 6, 2022, in Han v. Chen, Index No. 651073/2018, Justice Joel Cohen of the New York County Commercial Division granted defendants’ motion for summary judgment dismissing plaintiff’s claim of breach of an oral agreement to sell two cemetery plots. The Court rejected plaintiff’s argument that text messages along with a signed Application for Approval to Transfer Cemetery Property, a signed and acknowledged Lost Deed Affidavit, two checks cashed by defendants identified as payment by plaintiff, and handwritten notes on the cemetery map identifying the locations of the two lots satisfied the statute of frauds because text messages are not a satisfactory writing and the documents did not state all of the material and essential terms of a complete agreement such as price, identity of the parties, the parcel of real estate to be sold, the closing date, the quality of title to be conveyed, adjustments for taxes and risk of loss.  Read More
June 1, 2022 Commercial Division Rule 11 Amended to Emphasize Proportionality, Reasonableness, and Efficiency
On May 16, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rule 11 to (i) include a preamble emphasizing proportionality and reasonableness in discovery requests, and (ii) allow the court to order the parties to prepare a document at the outset of the case stating "clearly and concisely" the issues in the case and the elements and necessary facts for each claim. Read More
May 19, 2022 Legal Malpractice Claim Dismissed Where Failure to Submit Documents Was Not Proximate Cause of Adverse Arbitration Award
On February 9, 2022, in All Vision LLC v. Paduano & Weintraub LLP, Index No. 653605/2021, Justice Andrew Borrok of the New York County Commercial Division dismissed plaintiff’s claims for legal malpractice and breach of fiduciary duty for failure of its counsel to submit a termination letter and certain financial statements in an arbitration arguing that had they been submitted, the documents would have served as a defense to the claims asserted against them or resulted in a substantially reduced award. The Court explained: Read More
May 17, 2022 New York Recognizes Breach of Implied Duty of Good Faith and Fair Dealing and Breach of Contract as Independent Causes of Action
On April 21, 2022, in Anexia, Inc. v. Horizon Data Solutions Ctr., LLC, Index No. 657444/2019, Justice Robert R. Reed of the New York County Commercial Division, among other things, granted plaintiff’s motion to dismiss defendant’s counterclaim for tortious interference but denied its motion to dismiss the counterclaim for breach of the implied duty of good faith and fair dealing. The Court explained that while a tortious interference claim grounded on the same conduct as a breach of contract claim are duplicative, under certain circumstances New York recognizes the implied duty of good faith and fair dealing as an independent cause of action. Read More
April 21, 2022 Owner Has Standing Even Though It Was Not a Party to Consignment Agreement
On January 11, 2022, in Artemus USA LLC v Leila Taghinia-Milani Inc., 2022 NY Slip Op 00115, the First Department, inter alia, affirmed the denial of defendants’ motion to dismiss the breach of contract claim brought by the owner of artwork who was not a party to the consignment agreement for lack of standing. Read More
April 20, 2022 Failure to Commence Lien-Foreclosure Action Within One Year of its Filing Did Not Preclude Recovery Written by: Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
On January 10, 2022, Justice Elizabeth H. Emerson of the Suffolk County Commercial Decision issued a decision in American Universal Supply Inc. v Gibson Air Mech. Inc., 2022 NY Slip Op 50018(U), holding that plaintiff's failure to commence an action to foreclose its mechanic's lien did not preclude it from seeking recovery on the bond substituted therefor and that plaintiff properly and timely asserted its claim to recover on the bond. Denying defendant insurers’ motion to dismiss. Read More
April 18, 2022 Estate of Deceased Partner Could Not Bring Action Regarding Forged Deed Owned by the Partnership Written by: Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
In a decision dated January 12, 2022, the Second Department in Abruzzi v. Bond Realty, Inc., 2022 NY Slip Op 00156, held, inter alia, that that portion of the complaint seeking a judgment declaring a deed to certain real property to be void and to recover damages for fraudulent concealment and unjust enrichment was properly dismissed on summary judgment. The property at issue was held by a partnership and the deed which purported to transfer the property from the partnership to a corporation included the signature of one partner who had been dead for approximately 23 years. The Court explained: Read More
April 8, 2022 Amendments to Commercial Division Rules Attempt to Consolidate and Modernize Rules Concerning ESI
On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rules 1, 8, 9, 11-c, 11-e, and 11-g to consolidate and modernize rules concerning discovery of electronically stored information (ESI). The crux of the amendments, which become effective on April 11, 2022, is in amended Rule 11-c--which sets out standards for the collection, review, and production of ESI.  Read More
April 5, 2022 One-Action Rule Does Not Bar Simultaneous U.C.C. Foreclosure and Action to Foreclose on Mortgage and Recover Deficiency Judgment from Guarantors
On February 28, 2022, Justice Elizabeth H. Emerson of the Suffolk County Commercial Division issued a decision in Nebari Natural Resources Credit Fund I, LP v. Speyside Holdings, LLC, 2022 N.Y. Slip Op. 50164(U), holding that New York's one-action rule does not bar a lender from conducting a U.C.C. foreclosure while simultaneously bringing an action to foreclose on a mortgage and recover a deficiency judgment under various "bad boy" guaranties, explaining: Read More
March 25, 2022 Subpoena Quashed Where It Sought to Ascertain Existence of Evidence Written by: Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
In a Decision dated January 26, 2022, in Tsunis Gasparis LLP v Ring, 2022 NY Slip Op 50070(U), Justice Emerson of the New York Supreme Court, Suffolk County, granted in part defendants’ motion for a protective order and for an order quashing subpoenas served on a CPA firm and banks. Read More
March 23, 2022 Dismissal of Breach of Contract Claim Decisive of Motion to Dismiss Complaint
In a Decision and Order dated January 11, 2022, in Misamore v Godfrey, 2022 NY Slip Op 00131, the First Department unanimously and summarily affirmed that where there was no breach of contract, the other claims for breach of implied covenant of good faith and fair dealing, tortious interference, and unjust enrichment had to be dismissed. Read More
March 21, 2022 Information about Law Firm's Other Clients Irrelevant to Plaintiffs' Claim that Firm Fraudulently Induced Them into Bogus Tax Shelter Scheme
In a Decision and Order dated February 4, 2022, in Berman v. Holland & Knight, Index No. 652466/2015, Justice Cohen denied plaintiffs' motion to compel its former attorneys from identifying clients who were advised about the same tax shelter strategy as were plaintiffs. Plaintiffs alleged that Holland & Knight lured them and other clients into investing millions of dollars in a bogus tax shelter scheme by giving them knowingly false legal advice in opinion letters. Denying the motion, the Court found that the privileged information that was sought was not relevant to their fraud claim: Read More
March 9, 2022 Mezzanine Lender Cannot Prevent Mortgage Lender From Foreclosing on Real Property
On February 14, 2022, Justice Andrew Borrok of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. 342 Prop. LLC, 2022 N.Y. Slip Op. 30488(U), holding that, absent a controlling clause in an intercreditor agreement, a mezzanine lender had no basis to contest the mortgage lender's right to foreclose on the real property securing the mortgage loan, explaining: Read More
March 7, 2022 Ambiguous Lease Clause Could Entitle Commercial Tenant to Rent Abatement During COVID Period
On February 24, 2022, the First Department issued a decision in Schulte Roth & Zabel LLP v. Metropolitan 919 3rd Avenue LLC, 2022 N.Y. Slip Op. 01261, holding that a clause in tenant-law firm Schulte Roth & Zabel's commercial lease entitling the tenant to a rent abatement under designated circumstances was ambiguous, and so the landlord's motion to dismiss the tenant's complaint for a rent abatement during the COVID period when most of the tenant's employees were working remotely was properly denied, explaining: Read More
February 25, 2022 Lack of Due Diligence and Awareness of Risks Irrelevant Where Claim is for Fraudulent Inducement
On January 5, 2022, Justice Masley of the New York County Commercial Division issued a decision in BRL Hampton Rd. LLC v. Heather, 2022 NY Slip Op 30039(U), granting plaintiff summary judgment even though it failed to conduct due diligence, was aware of the risks with a startup and was the one who had the idea to lend $1 million to defendant to get the construction project moving. The Court explained: Read More
February 23, 2022 Plaintiff Cannot Claim Fraud Despite Concealment Where Party’s Action Was Consistent with SLA
On January 27, 2022, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v ASG Tech. Group, Inc., 2022 NY Slip Op 30299(U), granting defendant’s motion to dismiss claims for fraudulent inducement and violation of GBL § 349 and denying plaintiff’s affirmative defense of fraud where plaintiff alleged, among other things, that defendant concealed its belief that plaintiff was in violation of the Overlapping Customer Restriction: Read More
January 31, 2022 New Commercial Division Rule Mandates Settlement Conference After Filing of Note of Issue
On January 7, 2022, Chief Administrative Judge Lawrence J. Marks amended Commercial Division Rule 30 to mandate that "parties in every case pending in the Commercial Division must participate in a court-ordered mandatory settlement conference (MSC) following the filing of a Note of Issue." Read More
January 28, 2022 COVID Does Not Fall Under Insurance Policy Exclusion
In Tina Turner Musical LLC v Chubb Ins. Co. of Europe SE, 2021 NY Slip Op 51143(U), a decision dated December 6, 2021, Justice Borrok denied Chubb’s motion to dismiss an action to recover losses for cancellation of the Broadway show due to COVID. The Court explained: Read More
January 26, 2022 Executors of Late Father’s Estate Have Standing to Sue Non-Profit and Its Directors
On November 26, 2021, in Epstein v Epstein Teicher Philanthropies, 2021 NY Slip Op 32460(U), Justice Masley held that co-successor executors of an estate that bequeathed money to a charitable organization had standing to sue the nonprofit and its directors for failure to obey the charity’s purpose by donating money to Ohio rather than NY based institutions. The Court explained: Read More
January 24, 2022 Claim Dismissed Against Husband Even Though He Benefited From Allegedly Misappropriated Funds
On December 2, 2021, in Lanaras v Premium Ocean, LLC, 2021 NY Slip Op 51128(U), Justice Reed dismissed claims of fraudulent conveyance under NY DCL § 273, unjust enrichment and constructive trust against the husband of a businesswoman who allegedly misappropriated money received to start a business venture. The complaint identified the husband as a beneficiary of the allegedly fraudulent conveyances by virtue of his and his wife’s joint property holdings and joint bank accounts. Dismissing the complaint against the husband, the Court explained: Read More
January 19, 2022 Fraud Claim Barred Where Contract Expressly Disclaimed Reliance on Alleged Misrepresentation
On November 4, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Arco Acquisitions, LLC v Tiffany Plaza LLC, 2021 NY Slip Op 51039(U), holding that a fraud claim is barred where a contract made between sophisticated parties expressly disclaimed reliance on the alleged false representation. Read More
January 14, 2022 First Department Affirms Granting of Motion to Dismiss
In a Decision dated December 7, 2021 Fenway Polar Representative, LLC v. Americold Realty Trust, 2021 N.Y. Slip. Op. 06797, the First Department affirmed an Order of Justice Jennifer Schecter dismissing a complaint concerning alleged interference with the sale of a privately held company. Read More
January 12, 2022 Court Further Explains Denial of Motion to Approve Settlement in Derivative Lawsuit
On December 31, 2021, in Matter of Renren Inc. Derivative Litig. v. XXX, Index No. 653594/2018, 2021 NY Slip Op 51281[U], Justice Andrew S. Borrok issued an additional supplemental order explaining the Court’s denial of a motion to approve a settlement in a derivative lawsuit and granting leave to defendants to move to dismiss certain plaintiffs. Read More
January 7, 2022 Court Denies Motion To Confirm Service Of Process On Brazilian Limited Liability Corporation Pursuant to BCL § 307 or CPLR § 311
On December 9, 2021, in Air Astana Jsc v. Embraer, S.A., 2021 NY Slip Op 32650(U), Justice Ostrager denied Plaintiff’s motion to deem service completed under BCL § 307 or CPLR § 311(b). Read More
January 5, 2022 Court Grants Motion For Attachment
In a Decision and Order dated November 23, 2021 in 180 Life Sciences Corp. v. Tyche Capital, LLC, Justice Borrok granted Plaintiff’s motion for an attachment pursuant to CPLR § 6201 based on a money judgment demanded against a foreign company not registered to do business in New York. Read More
January 3, 2022 First Department Affirms Dismissal Of Guarantors Pursuant to Administrative Code of the City of New York § 22-1005
On November 30, 2021, in 3rd and 60th Associates Sub LLC v. Third Avenue M&I, LLC, 2021 NY Slip Op 06647, the First Department affirmed a Decision and Order of Justice Andrew S. Borrok, which granted defendants’ motion to dismiss the amended complaint as against the individual defendants-guarantors of a lease for a restaurant. Read More
December 29, 2021 Second Department Distinguishes Treatment of Claims and Damages against Insurance Company in Breach of Duty to Defend Case
On November 17, 2021, in East Ramapo Cent. Sch. Dist. v New York Schs. Ins. Reciprocal, 2021 NY Slip Op 0634, the Second Department reversed the decision of Justice Stephen A. Bucaria that dismissed a claim arising from an insurer’s bad-faith denial of coverage and reduced by 65% damages relating to a breach of the duty to defend. The Court explained that in the context of insurance liability litigation, at the pretrial stage courts are reluctant to dismiss complaints alleging bad faith and damages for breach of the duty to defend, unlike in a fee shifting case, are presumed reasonable: Read More
December 27, 2021 Derivative Action Against Icahn Defendants Survived Motion to Dismiss Despite Absence of Damages
On November 18, 2021, the First Department, in Miami Firefighters' Relief & Pension Fund v Icahn, 2021 NY Slip Op 06446, unanimously reversed the decision of Justice Barry R. Ostrager granting defendants’ motion to dismiss the causes of action for breach of fiduciary duty and breach of contract in a derivative action brought against Icahn and other defendants for using confidential information about Xerox’s planned acquisition of HP Inc. to buy HP shares. The lower court granted the motion based on the Icahn defendants’ affidavit which purported to show a loss resulting from the relevant stock trades. The First Department explained that a loss does not foreclose the possibility that the Icahn defendants used Xerox confidential information to their advantage: Read More
November 22, 2021 Summary Judgment on Breach of Contract Claim Not Appropriate Where Contract is Ambiguous
On October 1, 2021, the Fourth Department issued a decision in Dunn Auto Parts, Inc. v Wells, 2021 NY Slip Op 05185 holding that where a contract’s terms are ambiguous, it is not proper for the court to grant summary judgment because only a finder of fact can determine the intent of the parties. Read More
November 8, 2021 First Department Affirms Entitlement to Summary Judgment Against Guarantor of Commercial Lease On Liability But Determines Issues of Fact Remain As To Damages
On September 28, 2021, the First Department issued a decision in ALQ, LLC v. Peter Kane., 2021 NY Slip Op 05071, First Department Case No. 2020-02337, affirming an order of Justice Andrew Borrok granting summary judgment to plaintiff against defendant guarantor as to liability on a commercial lease, but modified the order to deny the motion as to the amount of damages. The Court explained: Read More
November 5, 2021 New Commercial Division Rule to Permit Virtual Evidentiary Hearings and Bench Trials
On October 19, 2021, Chief Administrative Judge Lawrence K. Marks promulgated new Rule 36 of the Commercial Division Rules, which expressly permits evidentiary hearings and bench trials to be held virtually. The new rule, which becomes effective December 13, 2021, now expressly permits what most Commercial Division justices were already doing--holding hearings and bench trials virtually. The rule also permits the court to allow a witness or party to participate in an evidentiary hearing or bench trial virtually, even if the hearing or trial is otherwise being held in person. The rule is limited to instances in which all parties consent, and expressly does not address (one way or another) the issue of when all parties do not consent. The new rule is as follows: Read More
October 20, 2021 Prior Decision in Minnesota Court Against Borrower Precluded Guarantor From Raising Issue in New York
On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski… Read More
October 18, 2021 Failure to Challenge All Grounds of Summary Judgment Motion Made Appeal Academic
On September 29, 2021, the Second Department issued a decision in Dorce v Family Dollar Stores of N.… Read More
October 15, 2021 Minority Shareholders Could Not Claim Fraudulent Inducement Due To Letter Release
On October 5, 2021, the First Department issued a decision in Silver Point Capital Fund, L.P. v. Riv… Read More
October 13, 2021 First Department Holds That Proposed Documentary Evidence Did Not Conclusively Establish That Fuel Oil Met Specifications In Purchase Contract And That General Warranty Disclaimer Is Ineffective As To Required Specifications For Fuel Oil In The Contract
On October 1, 2021, in Glencore Ltd. v Freepoint Commodities LLC., Index No. 653431/19 and First Dep… Read More
October 8, 2021 Settlement Agreement Providing that Trustees to Distribute Shares as if "Subsequent Recovery" Ignored as "Gap Filler"
On August 19, 2021, in Matter of Wells Fargo Bank v Aegon USA Inv. Mgt., LLC, 2021 NY Slip Op 04740,… Read More
October 6, 2021 Summary Judgment for Breach of Contract Denied Where Plaintiff Failed to Show it Satisfied Contractual Condition Precedents to Terminate for Cause
On August 25, 2021, in Turner Towers Tenant Corp. v RCI Plumbing Corp., 2021 NY Slip Op 04774, the S… Read More
October 4, 2021 Court Enjoins Dilution of Membership Interest Despite Past Practice
On August 25, 2021, in Lengyel-Fushimi v. Bellis, et al., Kings Supt. Ct. Index No. 512764/2021… Read More
October 1, 2021 Justice Gianelli Appointment to Nassau County Commercial Division
On September 24, 2021, Justice Sharon Gianelli was appointed to the Nassau County Commercial Divisio… Read More
September 29, 2021 Summary Judgment for Mechanic's Lien Inappropriate Where Defendant Failed to Account for All Items Listed in Lien Statement
On September 15, 2021, the Second Department issued a decision in J&M Indus., Inc. v Red Apple 1… Read More
September 27, 2021 Conflicting Expert Opinions Sufficient to Defeat Summary Judgment in Medical Malpractice Case
On May 2, 2019,  Justice Jamieson of the Westchester County Commercial Division issued a decision i… Read More
September 24, 2021 Claim for Tortious Interference With Business Relations Fails Because Defendant Acted In Self Interest
On July 28, 2021, the Second Department issued a decision in Stuart's LLC v. Edelman, 2021 N.Y.… Read More
September 17, 2021 No-Action Provisions Did Not Mandate Dismissal Of Plaintiffs’ Claims
On August 16, 2021, Justice Joel M. Cohen issued a decision in Audax Credit Opportunities Offshore L… Read More
September 15, 2021 Guaranties For Payment And Performance Are Not Instruments For Payment Of Money Only And Therefore Do Not Provide A Basis For Summary Judgment In Lieu of Complaint Under CPLR § 3213
On September 3, 2021, in Bank of America, N.A. v. Filho et al., N.Y. Sup. Ct. Index No. 654603/2019,… Read More
September 13, 2021 Courts Will Not Imply a Contract When There Is an Express Written Agreement
On August 24, 2021, Justice Ostrager of the New York Commercial Division issued a decision in Tri-Ci… Read More
September 10, 2021 RPAPL Broad Standing Rules Inapplicable Where Claim Really About Ownership of LLC
On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip O… Read More
September 3, 2021 Labor Law § 240 Imposes Absolute Liability Where a Violation of the Statute is a Proximate Cause of the Injury
On August 26, 2021, the Fourth Department issued a decision in Miller v. Rerob, LLC, 2021 NY Slip Op… Read More
September 1, 2021 Worker Injured While Replacing Fan in Building that Required Replacement "All the Time" Cannot Sue Under Labor Law § 240(1)
On July 28, 2021, the Second Department issued a decision in Stockton v. H&E Biffer Enters. No. … Read More
August 30, 2021 A Party's Motion to Intervene Pursuant to C.P.L.R. 1012 Must Be Timely
On August 4, 2021, the Second Department issued a decision in 1077 Madison St., LLC v. Dickerson, 20… Read More
August 27, 2021 Co-Op Owner Required to Pay Use and Occupancy For Maintenance Pendente Lite
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 20… Read More
August 25, 2021 Owners of Residential Units in Luxury Condominium Were Third-Party Beneficiaries of Clause in Ground Lease Concerning Quality of Hotel To Be Operated on Lower Floors of Building
On August 5, 2021, the First Department issued a decision in Residential Board of Millennium Point v… Read More
August 23, 2021 Under Principle of Ejusdem Generis, Use of “Any and All” In Contract Clause Before List of Specific Activities Does Not Expand Clause Beyond Activities Specified
On July 30, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in L… Read More
August 20, 2021 Contract Clause Waiving Right to Challenge Jurisdiction of the Courts of the State of New York Insufficient to Waive Venue Challenge
On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meri… Read More
August 18, 2021 A Creditor is Only Entitled to Recover Past Due Installments on Defaulted Note Absent an Acceleration Clause
On July 9, 2021, the Fourth Department issued a decision in Estate of Kathryn Essig v. Essig, 2021 N… Read More
August 16, 2021 Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began
On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip … Read More
August 12, 2021 Financial Difficulties Due to COVID-19 Pandemic No Excuse for Failure to Pay Pursuant to Settlement Agreement
On June 9, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Ma… Read More
August 11, 2021 Attorney's Response to Email Agreeing to Settle Case Sufficient to Form a Valid Enforceable Settlement Agreement
On July 16, 2021, the Fourth Department issued a decision in Field v. Pet Haven, Inc., (2021 NY Slip… Read More
August 10, 2021 One Party Cannot Unilaterally Waive Jointly-Held Attorney-Client Privilege Without the Consent of Other Parties
On July 22, 2021, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone Hold… Read More
August 9, 2021 Contract Clause Capping Damages Absent Willful Conduct Must Be Enforced Where Breaching Party's Conduct was Merely Intentional Nonperfomance
On July 15, 2021, the First Department issued a decision in MUFG Union Bank, N.A. v. Axos Bank, et a… Read More
July 16, 2021 Attorney's Standard E-mail Signature Block Sufficient to Create Binding Agreement
On July 08, 2021, the First Department issued a decision in Matter of Philadelphia Ins. Indem. Co. v… Read More
July 10, 2021 Action Must be Dismissed if Plaintiff Fails to Seek a Default Judgment Within One Year
On July 7, 2021, the Second Department issued a decision in US Bank N..A. v. Davis, 2021 NY Slip Op.… Read More
July 9, 2021 Tax Returns Are Not 3211(a)(1) Documentary Evidence
On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matte… Read More
July 8, 2021 Agreement to Set-Off Future Payments by Amount of Unpaid Debt Not Improper Agreement to Extend Statute of Limitation Prior to Accrual of Claim
On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P.,… Read More
July 4, 2021 Negligent Misrepresentation Claim Fails for Failure Adequately to Allege Special Relationship
On July 1, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Berks… Read More
July 3, 2021 Offering Circular Cannot be Used to Help Interpret an Unambiguous Indenture
On June 28, 2021, Justice Reed of the New York County Commercial Division issued a decision in In th… Read More
July 1, 2021 Breach of Fiduciary Duty Claim Dismissed for Lack of Damages
On June 24, 2021, the First Department issued a decision in Besen v. Farhadian, 2021 NY Slip Op. 040… Read More
June 28, 2021 Defamation Claim Dismissed Based on Absolute Litigation Privilege
On June 17, 2021, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price He… Read More
June 27, 2021 Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability
On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. Pricew… Read More
June 26, 2021 Award Vacated Because it was Issued After the Deadline Set by the Parties
On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matt… Read More
June 25, 2021 Forum Selection Clause Mandating Federal Forum is Unenforceable When There is No Federal Jurisdiction
On May 28, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Melr… Read More
June 23, 2021 Agents for a Partially-Disclosed Principal Bound by Agreement's Arbitration Provision
On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narra… Read More
June 22, 2021 Allegations the Release Was Procured by Fraud Fail When the Alleged Fraud is the Fraud That is the Subject of the Release
On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ch… Read More
June 21, 2021 Bill of Particulars Not a Discovery Device
On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., … Read More
June 20, 2021 When Forum Selection Clause Submitting Only to Federal Jurisdiction is Unenforceable, Parties May Bring Suit in Other Jurisdiction
On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serfa… Read More
June 19, 2021 Broadly-Worded Arbitration Provision Leaves Decision on Whether a Claim is Arbitrable to the Arbitrators
On June 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
June 18, 2021 Defendant Liable for Terminating Contract Without Observing Contract's Notice and Cure Provision
On June 3, 2021, the First Department issued a decision in Alloy Advisory, LLC v. 503 W. 33rd St. As… Read More
June 17, 2021 Party May Amend Complaint as of Right While Motion to Dismiss is Pending
On May 20, 2021, the First Department issued a decision in Roam Capital, Inc. v. Asia Alternatives M… Read More
June 16, 2021 Statute Barring Lease Provisions That Prohibit Tenants from Seeking a Yellowstone Injunction Does Not Apply to Leases Effective Before the Statute was Enacted
On April 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 159 MP… Read More
June 15, 2021 Liquidated Damages Provision Based on Notice of Intention to Redevelop Property Not Enforceable When Tenancy Not Terminated
On May 25, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Prad… Read More
June 14, 2021 Party to Agreement Not to Disclose Ongoing Negotiations Can Be Held Liable for Time and Money Spent on Negotiations
On May 18, 2021, the First Department issued a decision in Garda USA, Inc. v. Sun Capital Partners, … Read More
June 13, 2021 Broker Not Entitled to Commission Because it was not the Procuring Cause of the Sale
On May 20, 2021, the First Department issued a decision Capin & Assoc., Inc. v. Herskovitz, 2021… Read More
June 12, 2021 Alleged Failure of Law Firm to Have a Written Engagement Letter Insufficient Basis to Vacate Arbitral Award in Fee Dispute
On May 20, 2021, the First Department issued a decision in Matter of Gibson, Dunn & Crutcher LLP… Read More
June 11, 2021 Unjust Enrichment and Breach of Contract Claims Not Duplicative When There is a Question of Fact Regarding the Existence of a Contract
On May 27, 2021, the First Department issued a decision in CIP GP 2018, LLC v. Koplewicz, 2021 NY Sl… Read More
June 10, 2021 Party Not Entitled to Rescission of Contract When it Had An Adequate Remedy at Law
On May 20, 2021, the First Department issued a decision in Sky Coverage Inc. v. Alwex Inc., 2021 NY … Read More
June 9, 2021 Action Dismissed As Impermissible Duplicative Foreclosure Action
On May 5, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Flushing… Read More
June 8, 2021 Theft of Funds in Lawyer's Trust Account Insufficient Basis for a Claim for Conversion
On June 1, 2021, the First Department issued a decision in SH575 Holdings LLC v. Reliable Abstract C… Read More
June 7, 2021 Allegations of Plaintiff's Due Diligence Sufficient to Establish its Reasonable Reliance Necessary to State Fraud Claim
On May 27, 2021, the First Department issued a decision in Bullen v. CohnReznick, LLP, 2021 NY Slip … Read More
June 6, 2021 First Department Upholds Forum Non Conveniens Dismissal
On May 27, 2021, the First Department issued a decision in EPK Brand, Inc. v. Leret, 2021 NY Slip Op… Read More
June 5, 2021 Brokers Not Transferees for Purposes of Fraudulent Conveyance Claim
On June 1, 2021, the First Department issued a decision in McCormack Family Charitable Found. v. Fid… Read More
June 4, 2021 Summary Judgment of Foreclosure Denied Because of Lack of Admissible Evidence of Payment Default
On May 7, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Majestic… Read More
June 3, 2021 Correspondent Bank Relationships, Without More, are Insufficient Basis for Personal Jurisdiction
On May 13, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Malae… Read More
June 2, 2021 Court Grants Order Allowing Late Answer When Delay Was Short and There Was No Prejudice to the Plaintiff
On May 11, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Old Rep… Read More
June 1, 2021 Common Law Indemnification Claim Dismissed Because Party Seeking Indemnification Allegedly Participated in the Wrong-Doing
On May 12, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Boar… Read More
May 31, 2021 Trespass to Chattels Claim Dismissed for Lack of Allegations Showing That Plaintiff was Deprived of its Property for a Substantial Time
On May 17, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
May 30, 2021 The Parties' Course of Dealing Called Into Question the Effect of a Release
On May 19, 2021, the Second Department issued a decision in United Airconditioning Corp. v. Axis Pip… Read More
May 29, 2021 Yellowstone Injunction Undertaking Cannot Be Used to Pay Use and Occupancy
On May 25, 2021, the First Department issued a decision in Booston LLC v. 35 W. Realty Co., LLC, 202… Read More
May 27, 2021 Pandemic Does Not Excuse Commercial Tenant's Obligations Under Lease
On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo … Read More
May 26, 2021 Fraudulent Inducement Claim Survives Despite Defendant's Argument That Plaintiff Failed to Exercise Due Diligence
On May 25, 2021, the First Department issued a decision in VXI Lux Holdco, S.A.R.L. v. SIC Holdings,… Read More
May 24, 2021 Service of a Subpoena on One Member of a Partnership is Insufficient to Compel the Appearance of Another Partner
On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v… Read More
May 23, 2021 Fraud Claim Cannot be Based on Misrepresentations of an Intention to Perform a Contract
On May 13, 2021, the First Department issued a decision in 320 W. 115 Realty LLC v. All Bldg. Constr… Read More
May 22, 2021 Questions of Fact Preclude Dismissal of Section 12 Claim on the Ground that Defendants Were Not Statutory Sellers
On May 14, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Erie… Read More
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. … Read More
May 20, 2021 Deficiencies in Notice and Demand to Cure Bar Eviction
On April 2, 2021, Justice Walker of the Erie County Commercial Division issued a decision in Ronald … Read More
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.… Read More
May 14, 2021 Defendant Waived Objection to Service By Failing to Raise it in Pre-Answer Motion to Dismiss
On May 4, 2021, the First Department issued a decision in J.G. Jewelry Pte. Ltd. v. TJC Jewelry, Inc… Read More
May 13, 2021 Nonsignatory of Agreement Containing Arbitration Clause Can Compel Arbitration Because of its Close Relationship to Signatory
On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 202… Read More
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 Met… Read More
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. Wilmin… Read More
May 9, 2021 Common Law Indemnification Claim Fails When the Putative Indemnitee Settles its Claims
On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
May 8, 2021 Great Deference Afforded Arbitral Awards Leads Court to Refuse to Vacate Award
On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02… Read More
May 7, 2021 Lien Law Claim Not Defeated by Later Payment Out Of Non-Trust Assets
On April 30, 2021, the Fourth Department issued a decision in DiMarco Constructors, LLC v. Top Capit… Read More
May 6, 2021 General Objection to Obligation to Pay Bill Sufficient to Defeat Account Stated Claim
On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dra… Read More
May 5, 2021 Misrepresentations Causing Investor Not to Sell a Security (Holder Claims) Not Actionable Under New York Law
On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc.,… Read More
May 4, 2021 Fee Considered In Determining Whether Loan Was Usurious
On April 20, 2021, the First Department issued a decision in Salamone v. EIP Global Fund LLC, 2021 N… Read More
May 3, 2021 Forum Selection Clause Not Incorporated into Contract When Contract Only Refers to, But Does Not Expressly Incorporate the Terms of, The Agreement Containing the Forum Selection Clause
On April 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in W-S… Read More
May 2, 2021 Breach of Contract Claim Dismissed for Failure to Allege Damages
On April 29, 2021, the First Department issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC… Read More
May 1, 2021 Continuing Wrong Doctrine Saves Claim From Dismissal on Statute of Limitations Grounds
On April 27, 2021, the First Department issued a decision in CWCapital Cobalt VR Ltd. v. CWCapital I… Read More
April 27, 2021 Party Asserting Unclean Hands Defense Must Have Been Injured by the Plaintiff's Misconduct
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
April 26, 2021 Fact Questions Preclude Dismissal of Claim Based on Oral Agreement to Purchase Real Estate on Statute of Frauds Grounds
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
April 25, 2021 Nonarbitrable Issues Can be Decided in an Arbitration When They Are Inextricably Intertwined With an Arbitrable Issue
On April 8, 2021, the First Department issued a decision in Protostorm, Inc. v. Foley & Lardner … Read More
April 24, 2021 Decisions on How to Liquidate Made by LLC's Managing Member Reviewed Under Deferential Business Judgment Rule
On April 6, 2021, the First Department issued a decision in Matter of FGLS Equity LLC, 2021 NY Slip … Read More
April 23, 2021 That Defendant's Claims Against Third Party Claims Arise From Same Factual Circumstances as Complaint Insufficient Basis for a Third-Party Claim if the Third Party is not Alleged to be Liable for Plaintiff’s Claim Against Defendant
On April 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in J.G.… Read More
April 22, 2021 Court Soundly Rejects Attempt to Disqualify Arbitrators
On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Hun… Read More
April 21, 2021 Remedy for Prohibited Transfer is Voiding Transfer, Not Money Damages
On April 1, 2021, Justice Cohen of the New York County Commercial Division issued a decision in JDS … Read More
April 20, 2021 Duty to Notify Parties of Defective Loans in RMBS Trust Found to Be Separate Duty, Not Condition Precedent to Duty to Cure
On April 13, 2021, the First Department issued a decision in Matter of Part 60 RMBS Put - Back Litig… Read More
April 19, 2021 Good Faith and Fair Dealing Claim Rejected Because It Was Not Raised Until Summary Judgment
On April 13, 2021, the First Department issued a decision in Darabont v. AMC Network Entertainment L… Read More
April 18, 2021 Account Stated Defense Defeats Claim Based on Alleged Miscalculation of Payments
On April 13, 2021, the First Department issued a decision in Atsco Footwear Holdings, LLC v. KBG, LL… Read More
April 16, 2021 Continuous Representation Doctrine Saves Legal Malpractice Claim From Being Time-Barred
On April 1, 2021, the First Department issued a decision in Boesky v. Levine, 2021 NY Slip Op. 02059… Read More
April 15, 2021 Appeal Dismissed for Failure to Provide Proof of Service of the Record and Appeal Brief
On April 1, 2021, the First Department issued a decision in Kim v. Francis, 2021 NY Slip Op. 02072, … Read More
April 14, 2021 Incidental Beneficiaries Cannot Bring Third-Party Beneficiary Claims
On April 1, 2021, the First Department issued a decision in Levin v. Salvini, 2021 NY Slip Op. 02074… Read More
April 12, 2021 Waiver of Defenses in Guaranty Prevented Guarantor From Asserting Affirmative Defenses to Guaranty's Enforcement
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB… Read More
April 11, 2021 Predecessor Counsel in Contingency Action Denied Any Share of Contingency Fee
On March 31, 2021, the Second Department issued a decision in Robinson & Yablon, P.C. v. Sacco &… Read More
April 10, 2021 Expert Report and Damages Theory Excluded Because Defendant Was Not on Notice of Damages Theory
On March 30, 2021, the First Department issued a decision in Advanced Aerofoil Tech. AG v. MissionPo… Read More
April 9, 2021 Court Holds Non-Party in Contempt for Failing to Produce Documents in Response to Subpoena
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Imp… Read More
April 8, 2021 Court Rejects Overbroad Motion to Seal Records
On March 25, 2021, Justice Reed of the New York County Commercial Division issued a decision in Cort… Read More
April 7, 2021 Claim Related to Hacking of Client Data Dismissed for Lack of Damages
On March 30, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Kea… Read More
April 6, 2021 Release Did Not Bar Judiciary Law 487 Claim
On March 25, 2021, the First Department issued a decision in United States Life Ins. Co. in the City… Read More
April 5, 2021 To be Liable For a Fraudulent Transfer, the Defendant Must Have Been a Transferee or Otherwise Benefited From the Transfer
On March 25, 2021, the First Department issued a decision in Ninth Space LLC v. Goldman, 2021 NY Sli… Read More
April 4, 2021 Single Motion Rule Bars Reassertion of Arguments in Motion to Dismiss Amended Complaint that were Made and Lost in Earlier Motion to Dismiss
On March 23, 2021, the First Department issued a decision in Simon v. FrancInvest, S.A., 2021 NY Sli… Read More
April 3, 2021 Court Dismisses Affirmative Defense That Merely Seeks to Preserve the Right Later to Assert Additional Defenses
On March 19, 2021, Justice Masley of the New York County Commercial Division issued a decision in CF… Read More
April 2, 2021 Court Grants Summary Judgment In Lieu of Complaint Based on Settlement Agreement
On March 17, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Wi… Read More
April 1, 2021 Class Certification Denied Because Class Issues Did Not Predominate Over Individual Ones
On March 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Kale… Read More
March 31, 2021 Plaintiff May Not Terminate Contract Without Observing Contract's Termination Procedures
On February 28, 2021, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 30, 2021 Accountant May Rely On Information Provided By Client That Does Not Appear to Be Incorrect, Incomplete or Inconsistent
On March 25, 2021, the First Department issued a decision in Deane v. Brodman, 2021 NY Slip Op. 0184… Read More
March 29, 2021 Statute of Limitations for Breach of Fiduciary Duty Claim Based on Fraud is Six Years, Not Three
On March 25, 2021, the First Department issued a decision in Wimbledon Fin. Master Fund, Ltd. v. Hal… Read More
March 28, 2021 Dispute Over Amount Owed No Defense to Foreclosure Action
On March 12, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in VGM, … Read More
March 27, 2021 New York's Foreclosure Ban Did Not Bar Action for Foreclosure, Just Enforcement of the Judgment and Sale of Property
On March 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Nati… Read More
March 26, 2021 Evidentiary Hearing on Service Required When Defendant Overcomes Prima Facie Validity of Affidavit of Service
On March 19, 2021, the Fourth Department issued a decision in Garvey v. Global Asset Mgt. Solutions,… Read More
March 25, 2021 One Motion Rule Bars Parties' Second Motions for Summary Judgment
On March 19, 2021, the Fourth Department issued a decision in Magic Circle Films Intl., LLC v. Breon… Read More
March 24, 2021 Common Interest Privilege Does No Protect Materials Produced to the Federal Emergency Management Agency
On March 9, 2021, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
March 23, 2021 New York City Bar Live Webcast:Practice Update: Application of Select Commercial Division Rules to all Supreme and County Courts
March 23, 2021 COVID Eviction Ban Does Not Bar Action for Money Judgment Against Corporate Tenant
On January 13, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Abl… Read More
March 22, 2021 Court Rejects Lack of Consideration Defense
On February 24, 2021, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
March 21, 2021 Litigant Waived Privilege By Failing Timely to Cure Inadvertent Production of Privileged Document
On March 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Alr… Read More
March 20, 2021 Plaintiff Not Granted Summary Judgment on Commercial Foreclosure Because of Lack of Admissible Evidence of Default
On February 26, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in BK… Read More
March 19, 2021 Covid Eviction Ban Did Not Require Dismissal of Commercial Foreclosure Actions
On March 4, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. B… Read More
March 18, 2021 Landlord Entitled Only to Reasonable Value of the Premises During Holdover Tenancy
On March 10, 2021, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc.… Read More
March 16, 2021 That LLC Was Not Formed When it Was Assigned Note Did Not Cause it to Lack Standing to Enforce Note
On March 10, 2021, the Second Department issued a decision in Torto Note Member, LLC v. Babad, 2021 … Read More
March 15, 2021 Party's Claims, Which Were Inconsistent With Claims it Successfully Advanced in Different Action, Barred by Judicial Estoppel
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v.… Read More
March 14, 2021 Court's Analysis of Debtor and Creditor Law Claims Illustrates Differences Between Various DCL Claims
On February 25, 2021, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 13, 2021 Court Erred in Issuing Injunction Where Party Seeking the Injunction Could be Made Whole by an Award of Money Damages
On March 4, 2021, the First Department issued a decision in Shelbourne BRF LLC v. SR 677 Bway LLC, 2… Read More
March 12, 2021 Acknowledgement of Debt Can Be Valid Even if it Contains Ambiguities
On March 4, 2021, the First Department issued a decision in Hawk Mtn. LLC v. RAM Capital Group LLC, … Read More
March 11, 2021 Referee Erred in Deciding a Contested Application Without Holding a Hearing
On February 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 52… Read More
March 10, 2021 Counsel Hired to Bring Claim For Benefit of a Corporation Cannot Be Sued for Malpractice by the Person Who Engaged Them; the Claim Belongs to the Corporation
On February 26, 2021, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 9, 2021 Travelling to New York for Preliminary Negotiations Insufficient Basis for Personal Jurisdiction
On February 25, 2021, the First Department issued a decision in USA Sevens LLC v. World Rugby Ltd., … Read More
March 7, 2021 Even Though Tenant Was in Default on Commercial Lease, It Did Not Lose Option to Renew, Which was Revived When the Tenant Cured the Default
On March 3, 2021, the Second Department issued a decision in Karr Graphics Corp. v. Spar Knitwear Co… Read More
March 6, 2021 Default Judgment Not Vacated Because Plaintiff Failed to Provide a Reasonable Excuse for Failing to Oppose Defendant's Motion
On March 3, 2021, the Second Department issued a decision in Ganach v. Milloul, 2021 NY Slip Op. 012… Read More
March 5, 2021 Foreclosure Action Properly Dismissed Because of the Failure of Plaintiff's Counsel to Appear at a Status Conference
On March 3, 2021, the Second Department issued a decision in Bank of Am., N.A. v. Sofer, 2021 NY Sli… Read More
March 3, 2021 Party That Contracted With Non-Existent Company Cannot Avoid Obligations Under the Contract to the Persons Who Signed it
On February 24, 2021, the Second Department issued a decision in Sutton v. Houllou, 2021 NY Slip Op.… Read More
March 2, 2021 Loss of Patent Protection Caused by Client's Failure to Give its Counsel Correct Facts Cannot Be Basis for Malpractice Claim
On February 18, 2021, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 1, 2021 Pandemic Not Basis for Refusal to Pay Rent Under Commercial Lease
On January 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 28, 2021 Exchange of E-Mails Insufficient to Create Contract, but Could Serve as Basis of Unjust Enrichment Claim
On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant… Read More
February 27, 2021 Second Department Upholds Sanction for Failure to Appear at Deposition
On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. … Read More
February 26, 2021 Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure
On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bri… Read More
February 25, 2021 Plaintiffs Cannot Avoid Application of Liquidated Damages Clause
On February 8, 2021, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 24, 2021 Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly,… Read More
February 23, 2021 Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 22, 2021 Plaintiff Fails to Make Strong Showing Needed to Avoid Enforcement of Forum Selection Clause
On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 21, 2021 Defamation Claim Dismissed Because Statements Complained of Were Statements of Opinion
On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners,… Read More
February 20, 2021 State AG Can Bring Breach of Contract Claim Against Investment Advisor Under Parens Patriae
On February 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 19, 2021 Dismissal for Failure Timely to Move for Default Judgment, Without More, Not Dismissal for Failure to Prosecute for CPLR 205 Purposes
On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo B… Read More
February 18, 2021 Even When Process Server Did Not Testify, Conclusory Denials of Receipt of Service Insufficient to Rebut Presumptive Validity of Affidavit of Service
On February 9, 2021, the First Department issued a decision in Eros Intl. PLC v. Mangrove Partners, … Read More
February 17, 2021 Overlapping Ownership and Common Office Space Alone Insufficient to Support Veil Piercing Claim
On February 11, 2021, the First Department issued a decision in Suverant LLC v. Brainchild, Inc., 20… Read More
February 16, 2021 Party Did Not Put Privileged Communications At Issue Where Claims Could be Litigated Without Relying on Privileged Communications
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd… Read More
February 15, 2021 Court Upholds Nail and Mail Service
On February 1, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 13, 2021 Broker's Dispute Not Covered by FINRA Arbitration Rules
On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. … Read More
February 12, 2021 Court Erred in Quashing Subpoena Given Broad Scope of Discovery
On February 5, 2021, the Fourth Department issued a decision in M&T Bank Corp. v. Moody's Invs. … Read More
February 11, 2021 Notice to Admit Cannot Request Admissions That Go to the Heart of the Parties' Dispute
On February 4, 2021, Justice Reed of the New York County Commercial Division issued a decision in 47… Read More
February 7, 2021 Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 6, 2021 Forum Selection Clause Mandating Federal Forum Cannot Serve as Basis for Jurisdiction in New York State Court
On January 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in P… Read More
February 5, 2021 Court Should Have Ordered Necessary Parties to be Added to Case Rather Than Dismissing it
On February 3, 2021, the Second Department issued a decision in Ji Juan Lin v. Bo Jin Zhu, 2021 NY S… Read More
February 4, 2021 Sections 11 and 12 Claim Accrual Not Based on When Damages from Drop in Stock Price Occurred
On February 2, 2021, the First Department issued a decision in Matter of Dentsply Sirona, Inc., 2021… Read More
February 1, 2021 Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine
On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00… Read More
January 30, 2021 Corporation May Avoid Prohibition on Corporation Appearing Pro Se by Assigning Claim
On January 14, 2021, Justice Sherwood of the New York County issued a decision in Anthony T. Rinaldi… Read More
January 29, 2021 Traverse Hearing Required When Defendant Defeats Prima Facie Validity of Affidavit of Service
On January 20, 2021, the Second Department issued a decision in US Bank N.A. v. Joseph, 2021 NY Slip… Read More
January 28, 2021 Fraud Claim Fails for Lack of Justifiable Reliance
On January 19, 2021, the First Department issued a decision in United Natural Foods, Inc. v. Goldman… Read More
January 27, 2021 Account Stated Claim Prevails Because of Defendant's Failure Timely to Object to Invoices
On January 19, 2021, the First Department issued a decision in Law Off. of Mark S. Helweil v. Karamb… Read More
January 26, 2021 Non-Consumer Can Bring GBL 349 Claim if Public at Large Has Been Harmed
On January 19, 2021, the First Department issued a decision in KS Trade LLC v. International Gemolog… Read More
January 25, 2021 Contract's Requirement That Party Accept "Reasonable" Purchase Offers Enforceable
On January 13, 2021, the Second Department issued a decision in LMEG Wireless, LLC v. Farro, 2021 NY… Read More
January 24, 2021 Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104… Read More
January 23, 2021 Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More
January 22, 2021 Court Denies Motion to Seal Documents Because of Failure to Prove Their Sensitivity
On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
January 21, 2021 Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in V… Read More
January 20, 2021 Former Client Can Bring Breach of Contract as Well as Malpractice Claims Against Counsel
On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Wi… Read More
January 19, 2021 Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit
On January 05, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY S… Read More
January 18, 2021 Verified Complaint Has Same Effect as an Affidavit
On December 24, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 17, 2021 Law of the Case Doctrine Applies to Actions Consolidated for Trial
On December 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 16, 2021 Res Judicata Bars Plaintiff From Relitigating Previously-Litigated Claims
On January 5, 2021, the First Department issued a decision in Bauhouse Group I, Inc. v. Kalikow, 202… Read More
January 15, 2021 Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud
On December 30, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
January 14, 2021 Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims
On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 202… Read More
January 13, 2021 Mutual Mistake Claim Fails
On December 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
January 12, 2021 Court Finds Defendant Bound by Indemnification Provision
On December 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 11, 2021 Shareholder of Dissolved LLC Has Standing to Bring Derivative Action
On December 9, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
January 10, 2021 Conflict Claims Insufficient for Derivative Claim to Survive
On December 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
January 9, 2021 Motion for Renewal Denied For Failure to Justify Late Submission of Evidence
On December 29, 2020, the First Department issued a decision in Wang v. LaFrieda, 2020 NY Slip Op. 0… Read More
January 8, 2021 Mere Denial of Receipt of Service Insufficient to Overcome Affidavit of Service
On December 23, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
January 7, 2021 First Department Upholds False Claims Act Claims Related to the Issuance of VRDOs
On December 29, 2020, the First Department issued a decision in State of New York ex rel. Edelweiss … Read More
January 5, 2021 Court Erred in Dismissing Action for Failure to Prosecute
On December 23, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. He… Read More
January 4, 2021 Lien Recorded Under Debtor's Correct Surname Valid Even Though First Name Was Incorrect
On December 23, 2020, The Appellate Division, Second Department issued a decision in Myrtle 684, LLC… Read More
January 3, 2021 Offering Services in New York Insufficient Basis for General Jurisdiction Over Out-of-State Company
On December 17, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 2, 2021 Court Recognizes Claim for Successor Liability
On December 14, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 1, 2021 Non-Signatories Not Bound by Agreement's Arbitration Provision
On December 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 31, 2020 Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery
On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 30, 2020 Gross Negligence Claims Cannot Overcome Sole Remedy Clause
On December 22, 2020, the Court of Appeals issued a decision in Matter of Part 60 Put-Back Litig., 2… Read More
December 29, 2020 Prevention Doctrine Bars Defendant's Reliance on its Own Failure to Perform
On December 22, 2020, the First Department issued a decision in Vector Media, LLC v. Golden Touch Tr… Read More
December 28, 2020 Breach of Fiduciary Duty Claim Must Be Dismissed Where Duplicative of Breach of Contract Claim
On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More
December 28, 2020 Parties Bound by Agreement to Beth Din Arbitration
On December 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 27, 2020 FINRA Rules Held to Create Obligation to Arbitrate
On December 9, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 26, 2020 Restrictions on Stock Transfer in Corporate By-Laws Did Not Bar Transfer By Will
On December 11, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 25, 2020 Fraud Claims Dismissed for Failure to Perform Due Diligence
On December 15, 2020, the First Department issued a decision in MBF Clearing Corp. v. JPMorgan Chase… Read More
December 24, 2020 Fraud Claim Time-Barred Because Plaintiff Was on Inquiry Notice More Than Two Years Before Suit Filed
On December 8, 2020, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 23, 2020 That Another Party Has Produced Documents Does Not Excuse a Party From Producing the Same Documents if it Has Them
On December 7, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Azr… Read More
December 22, 2020 Plaintiff Denied Default Judgment Because of Failure to Submit Evidence of Liability
On December 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
December 21, 2020 Primary Jurisdiction Doctrine Calls for Dismissal of Lawsuit While Administrative Action Pending
On December 9, 2020, the Second Department issued a decision in New York Ind. Contrs. Alliance, Inc.… Read More
December 20, 2020 Breach of Fiduciary Claim Dismissed as Duplicative of Contract Claim Because it Was Based on Breach of Duties Assigned by Contract
On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More
December 19, 2020 Plaintiff Prevailing Party, Entitling it to Fees, Even Though it Only Was Awarded Nominal Damages
On December 8, 2020, the First Department issued a decision in Quik Park W. 57 LLC v. Bridgewater Op… Read More
December 18, 2020 Breach of Contract Claim Barred by Contract Provision Making Third-Party Quality Assessment Binding
On December 1, 2020, the First Department issued a decision in Curacao Oil N.V. v. Trafigura Pte. Lt… Read More
December 17, 2020 Court Rejects Effort to Avoid Pre-Judgment Interest
On December 2, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
December 16, 2020 Allegations That Directors Were Acquainted With Interested Party Insufficient Basis for Claim That They Were Not Disinterested
On December 03, 2020, the First Department issued a decision in Matter of Cadus Corp. Stockholders L… Read More
December 15, 2020 Notice Provisions Not Strictly-Enforced When Counterparty Receives Actual Notice and is Not Prejudiced
On October 14, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Go… Read More
December 14, 2020 Plaintiff Adequately Alleged Aid and Abetting Fraud Where Defendant Allegedly Devised Scheme That Was Used to Deceive Plaintiff
On December 1, 2020, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. KPMG… Read More
December 13, 2020 Written Acknowledgement of Debt Revives Statute of Limitations
On December 2, 2020, the Second Department issued a decision in Commodore Factors Corp. v. Deutsche … Read More
December 12, 2020 Judiciary Law Section 487 Claim Dismissed for Lack of Specific, Non-Conclusory Allegations
On December 2, 2020, the Second Department issued a decision in DeMartino v. Abrams, Fensterman, Fen… Read More
December 11, 2020 Whether Particular Words Are Defamatory Is for a Court to Determine in the First Instance
On December 3, 2020, the First Department issued a decision in Savitt v. Cantor, 2020 NY Slip Op. 07… Read More
December 10, 2020 Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 9, 2020 Plaintiff May Move for Summary Judgment in Lieu of Complaint on Guaranty Even if Interpretation of Guaranty Relies on Other Agreements
On November 20, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 8, 2020 Signed Acknowledgement of Debt Revives Time-Barred Claim
On November 25, 2020, the Second Department issued a decision in U.S. Bank, N.A. v. Mandracchia, 202… Read More
December 7, 2020 Complaint Struck as Discovery Sanction
On November 25, 2020, the Second Department issued a decision in Allstar Electronics, Inc. v. R. Sco… Read More
December 6, 2020 Corporate Officers Granted Indemnification Under BCL
On November 25, 2020, the Second Department issued a decision in Federico v. Brancato, 2020 NY Slip … Read More
December 5, 2020 Questions Regarding Application of Special Facts Doctrine Preclude Summary Judgment
On November 24, 2020, the First Department issued a decision in Sports Tech. Applications, Inc. v. M… Read More
December 4, 2020 Liquidated Damages Clause Found to be Unenforceable Penalty
On November 24, 2020, the Court of Appeals issued a decision in Trustees of Columbia Univ. in the Ci… Read More
December 3, 2020 Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More
December 2, 2020 Lost Profits Damages Not Available for New Business
On November 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 1, 2020 Integration Clause Bars Claim Based on Alleged Pre-Signing Promises
On November 17, 2020, the First Department issued a decision in Cambridge Invs. LLC v. Prophecy Asse… Read More
November 30, 2020 Admission to Existence and Essential Terms of Oral Agreement Defeats Statute of Frauds
On November 17, 2020, the First Department issued a decision in CAS Mkt'ing & Licensing Co. v. J… Read More
November 29, 2020 Forum Non Conveniens Dismissal Affirmed
On November 17, 2020, the First Department issued a decision in Diwan v. Grinberg, 2020 NY Slip Op. … Read More
November 28, 2020 Affidavit Attesting to the Contents of Business Records Without Attaching the Records Inadmissible Hearsay
On November 12, 2020, the Second Department issued a decision in Countrywide Home Loans Servicing, L… Read More
November 27, 2020 Settlement Agreement Involving the Sale of Real Property Unenforceable Under Statute of Frauds
On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip … Read More
November 26, 2020 Court Erred By Dismissing Action Sua Sponte for Failure to Prosecute
On November 12, 2020, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Brown, 20… Read More
November 25, 2020 Term Sheet Not Binding Because it was Contingent on Later, Formal Documentation
On November 12, 2020, the First Department issued a decision in McGowan v. Clarion Partners, LLC, 20… Read More
November 24, 2020 Mere Guarantor Bound by Agreement's Arbitration Clause
On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Broo… Read More
November 23, 2020 RMBS Trustee's Obligation to Hold the Trust's Contractual Rights and to Exercise Them For the Benefit of Certificateholders Includes Affirmative Duty to Enforce Those Rights
On November 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in W… Read More
November 22, 2020 Fraud Claim Based on Omissions Fails in Light of Disclosure that Not All Material Information Was Being Disclosed for Securities Law Reasons
On November 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 18, 2020 No Entitlement to Indemnification or Advancement In Suit Between Contracting Parties Unless Indemnification Provision Unequivocally Requires It
On November 05, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
November 17, 2020 E-Mail Between Counsel Cannot Form Binding Agreement if The E-Mail Does Not Have the Attorney's Typed E-Mail Signature
On October 23, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Dok… Read More
November 16, 2020 Tenant Not in Possession Cannot Rely on Equitable Rule Allowing for Late Renewal of Commercial Lease
On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
November 15, 2020 Bad Motive, Without More, Insufficient Basis for an Abuse of Process Claim
On November 4, 2020, Justice Hudson of the Suffolk County Commercial Division issued a decision in R… Read More
November 14, 2020 Domination of Corporation Without Abuse of Corporate Form Insufficient Basis for Veil Piercing Claim
On October 30, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 13, 2020 Contract Term Unreasonably Limiting Statute of Limitations Unenforceable
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in S… Read More
November 12, 2020 Incidental Equitable Claim Did Not Waive Right to Jury Trial
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 11, 2020 Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations
On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 10, 2020 Conclusory Allegations Doom Fraud Claim
On October 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 9, 2020 Tax Estoppel Defeats Claim
On October 29, 2020, the First Department issued a decision in Shyer v. Shyer, 2020 NY Slip Op. 0621… Read More
November 8, 2020 Conversion Claim Seeking Damages Arising From Contractual Breach Dismissed
On October 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 7, 2020 Dissolved Corporation Can Still Bring Lawsuit
On October 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 6, 2020 Parties' Course of Dealing Used to Interpret Ambiguous Contract Term
On October 22, 2020, the First Department issued a decision in China Privatization Fund (Del.), L.P.… Read More
November 5, 2020 Where Parties Have a Contract, Unjust Enrichment Claim Must be Dismissed
On October 22, 2020, the First Department issued a decision in ECD NY Inc. v. 616 First Ave. Dev. LL… Read More
November 4, 2020 Litigation Privilege Does Not Extend to Communications to Non-Party That Are Unrelated to the Litigation
On October 27, 2020, the First Department issued a decision in 3P-733, LLC v. Davis, 2020 NY Slip Op… Read More
November 3, 2020 Court Enforces Disclaimer of Fiduciary Duty
On October 20, 2020, the First Department issued a decision in La Scoula D'Italia Guglielmo Marconi … Read More
November 2, 2020 New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling
On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 202… Read More
November 1, 2020 "Notwithstanding" Clause in Indenture Controls Over Other Contract Terms
On October 22, 2020, the Court of Appeals issued a decision in CNH Diversified Opportunities Master … Read More
October 31, 2020 CPLR 3215(c) Requires Only That Plaintiff Move for Default Within One Year, Not That a Default Judgment Be Entered Within One Year
On October 14, 2020, the Second Department issued a decision in Onewest Bank, FSB v. Kanapathipillai… Read More
October 30, 2020 Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender
On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh &… Read More
October 29, 2020 Contract Based on Exchange of E-Mails Valid Where Material Terms Included in the E-Mails
On October 15, 2020, the First Department issued a decision in Lembo v. Rosania, 2020 NY Slip Op. 05… Read More
October 29, 2020 Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings
The Office of Court Administration has asked for public comment on a proposed new Commercial Divisio… Read More
October 28, 2020 Contract Void for Lack of Consideration
On October 13, 2020, the First Department issued a decision in Weisenfeld v. Iskander, 2020 NY Slip … Read More
October 27, 2020 Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 26, 2020 Court Issues Injunction, Enforcing Contract Term Providing that There Would be No Remedy At Law in the Event of Breach
On October 13, 2020, the First Department issued a decision in Vector Media, LLC v. Go New York Tour… Read More
October 25, 2020 Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction
On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 24, 2020 Tortious Interference Claim Fails Without Allegations of Wrongful Means
On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 23, 2020 CLE on New Commercial Division Hyperlinking Rules and Other Recent Rule Changes
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the pr… Read More
October 22, 2020 Letter of Credit Not 3213 instrument for the Payment of Money Only
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 21, 2020 Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
October 21, 2020 COVID-19 Pandemic No Excuse for Failing to Respond to Motion
On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 20, 2020 Court Should Not Have Vacated Default Judgment When Loan Servicer's Excuse Was "Confusion Regarding the Multiple Cases Filed in Multiple Counties"
On October 14, 2020, the Second Department issued a decision in Insiders Success Ventures, LLC v. On… Read More
October 19, 2020 Company's Counterclaims Against Minority Members and Former Executives Dismissed
On October 13, 2020, Justice Vito M. DeStefano of the Commercial Division of the Supreme Court of th… Read More
October 17, 2020 Court Rejects Allegation That Venue was Proper When Alleged Fraud Took Place Elsewhere
On October 9, 2020, the Fourth Department issued a decision in Harvard Steel Sales, LLC v. Bain, 202… Read More
October 17, 2020 Statute of Frauds Does Not Bar Quantum Meruit Claims
On October 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in K… Read More
October 16, 2020 Partial Payments Renewed Statute of Limitations
On October 7, 2020, the Second Department issued a decision in HSBC Bank USA, N.A. v. Macaulay, 2020… Read More
October 14, 2020 Court Cannot Vacate, Modify or Discharge Lien Law § 19 Lien Where There is no Defect on the Face of the Lien
On October 1, 2020, the First Department issued a decision in Pizzarotti, LLC v. FPG Maiden Lane LLC… Read More
October 13, 2020 Court Enforces Contract Provision Granting Prevailing Party Double its Attorneys' Fees
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
October 12, 2020 Upcoming Arguments in the Court of Appeals in October 2020
Upcoming arguments in the Court of Appeals in October 2020 that may be of interest to commercial lit… Read More
October 11, 2020 Party May Not Move to Amend a Pleading That Already Has Been Dismissed
On October 2, 2020, the Fourth Department issued a decision in Christiana Trust v. Rice, 2020 NY Sli… Read More
October 10, 2020 When Arbitration is Governed by ICC Rules, It is For Arbitrator, Not the Court, to Decide Whether a Dispute is Arbitrable
On September 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 9, 2020 Court Analyzes Question of Whether Producing Party May Redact Irrelevant Information
On September 25, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 8, 2020 Fiduciary Duty Claims Based on Joint Venture Fail Without Provision Providing for Sharing Losses as Well as Profits
On October 1, 2020, the First Department issued a decision in Shionogi Inc. v. Andrx Labs, LLC, 2020… Read More
October 7, 2020 Whether Employer is Responsible for Employee's Defamatory Statements is a Question of Fact
On October 2, 2020, the Fourth Department issued a decision in Elizabeth Votsis & Crave L&D, LLC v. … Read More
October 6, 2020 Commercial Division Rules Amended to Add Highly Confidential - Attorneys' Eyes Only Designation to Model Protective Order
On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protecti… Read More
October 5, 2020 Contract Made With A Municipality That Does Not Comply With Law is Unenforceable, Even Under a Quantum Meruit Theory
On September 22, 2020, Justice Walsh of the Westchester County Commercial Division issued a decision… Read More
September 30, 2020 Hyperlinking Now Mandatory in the Commercial Division
On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking t… Read More
September 29, 2020 Action Dismissed for Failure to File Note of Issue
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC… Read More
September 28, 2020 Court Bars Party From Changing its Arguments Based on Doctrine of Judicial Estoppel
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
September 27, 2020 Court Dismisses Petition to Dissolve LLC Because LLC Was Able to Conduct Business
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 26, 2020 Answer Struck Because of Defendant's Failure Appear at Court Conferences or Respond to Discovery Demands
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 25, 2020 Demand for a Bill of Particulars Vacated Because it Was Being Used as a Discovery Device
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 24, 2020 Law Firm Disqualified Because of Acquired Law Firm's Prior Representation of Opposing Party
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 23, 2020 Mariah Carey Entitled to Sanctions and Adverse Inference After Defendant Destroyed Relevant Evidence
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision a… Read More
September 23, 2020 Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded
On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 22, 2020 Undisclosed Principal May Sue on a Contract Made in its Agent's Name
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 21, 2020 Motion to Dismiss Under CPLR 3211 Not Proper Vehicle for Challenging Adequacy of Class Allegations
On September 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 20, 2020 Relator Not Entitled to Share of Settlement Negotiated by Government When Relator's Qui Tam Claims Were Dismissed
On September 14, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
September 19, 2020 Breach of Contract Claim Dismissed for Failure to Allege Damages
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 18, 2020 Transcripts and Videos of Arguments in the Court of Appeals for September 2020 Now Available
On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in… Read More
September 17, 2020 Party's Failure to Respond to Motion to Admit Excused When Questions Went to Disputed Issues
On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More
September 16, 2020 Consent to Jurisdiction In New York State Does Not Mean Consent to Venue in Any County in the State
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 15, 2020 Court Gives Defendant Opportunity to Cure Default
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 11, 2020 Breach of Contract and Fraud Claims Cannot Co-Exist if They Are Based on the Same Underlying Facts
On August 24, 2020, Justice Masley issued a Commercial Division decision addressing when a fraud cla… Read More
September 10, 2020 Motion to Amend Granted; Delay and Additional Potential Liability Not Sufficient Grounds for Denial
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 9, 2020 Court Analyzes Application of Equitable Estoppel to Statute of Limitations
On August 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Fi… Read More
September 8, 2020 A Party's Death Stays an Action Until a Replacement Substitutes In
On August 14, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Atil… Read More
September 7, 2020 Fraud Claim Dismissed as Duplicative of Contract Claim
On August 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 5… Read More
September 6, 2020 A Claim for an Accounting May be Made Whenever a Fiduciary Relationship Exists
On August 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More
September 1, 2020 Answer to Amended Complaint May Contain Affirmative Defenses That Could Have Been, But Were Not, Raised in Initial Answer
On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04… Read More
August 31, 2020 Bringing an Action Maliciously An Insufficient Basis for an Abuse of Process Claim
On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04… Read More
August 30, 2020 Trust Beneficiary Cannot Sue On Behalf of Trust Unless She Has Made a Demand on the Trustee and the Trustee Has Refused
On August 27, 2020, the First Department issued a decision in Zachariou v. Manios, 2020 NY Slip Op. … Read More
August 27, 2020 No Jurisdiction Over Suit Arising From Events in China
On August 24, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
August 25, 2020 Consolidation Inappropriate Where Plaintiff in One Action is the Defendant in the Other
On August 14, 2020, Justice Masley of the New York County Commercial Division issued a decision in A… Read More
August 24, 2020 Fraudulent Inducement Claim Cannot Be Based on Alleged Lack of Intention to Perform a Contract
On August 19, 2020, the Second Department issued a decision in Cypress Med. Surgical Servs., LLC v J… Read More
August 23, 2020 Tortious Interference With a Prospective Business Relationship Claim Fails Without Allegations of Wrongful Means or Malicious Purpose
On August 10, 2020, Justice Masley of the New York County Commercial Division issued a decision in G… Read More
August 22, 2020 Defense Barred by Tax Estoppel
On August 20, 2020, the Fourth Department issued a decision in Rizzo v. National Vacuum Corp., 2020 … Read More
August 21, 2020 Standard for Amending a Complaint Lower Than Standard for Surviving a Motion to Dismiss
On August 19, 2020, the Second Department issued a decision in Katz v. Hampton Hills Assoc. Gen. Par… Read More
August 20, 2020 Motion to Vacate Denied Because of Unreasonable Delay in Making Motion
On August 19, 2020, the Second Department issued a decision in Pei Qi Chen v. Chen, 2020 NY Slip Op.… Read More
August 19, 2020 Court Refuses to Stay New York Action in Favor of Federal Action
On August 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Co… Read More
August 17, 2020 Forum Selection Clause in Personal Services Contract Not Enforceable
On July 15, 2020, Justice Masley of the New York County Commercial Division issued a decision in Set… Read More
August 15, 2020 Court Stays Lawsuit Pending Resolution of Prior Pending Arbitration
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in CMB… Read More
August 14, 2020 Counterclaims Timely Because They Related Back to Date of Complaint
On July 31, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Off… Read More
August 13, 2020 Partnership Agreement Cannot Be Modified by Conduct
On August 6, 2020, the First Department issued a decision in A&F Hamilton Hgts. Cluster, Inc. v.… Read More
August 12, 2020 Plaintiff May Recover in Quasi-Contract From a Stranger to the Contract in the Interest of Justice
On July 30, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
August 11, 2020 Claim for Breach of Covenant of Good Faith and Fair Dealing Upheld Even Though it Sought the Same Damages as Breach of Contract Claim
On August 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Tr… Read More
August 10, 2020 Transfer of Ownership of a Tenant Does not Constitute an Assignment of a Lease
On August 2, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
August 8, 2020 Impleader Claim Not Limited to Indemnification for the First-Party Claims
On June 24, 2020, Joseph Risi of the Queens County Commercial Division issued a decision in Chinun L… Read More
August 7, 2020 Court Refuses to Dismiss Legal Malpractice Claim Because of Questions of Fact Regarding Existence of Counsel's Engagement
On June 18, 2020, Justice Risi of the Queens County Commercial Division issued a decision in Matin v… Read More
August 6, 2020 Statute of Frauds Does Not Bar Claim Based on Alleged Oral Partnership Agreement
On July 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bab… Read More
August 5, 2020 Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Uni… Read More
August 4, 2020 Claim Timely Under Borrowing Statute
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
August 3, 2020 Injunction Denied Because Alleged Harm Could be Remedied by an Award of Money Damages
On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Som… Read More
August 2, 2020 Plaintiff Was Not Entitled to RPL § 291's Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY … Read More
August 1, 2020 Court Allows Reverse Veil-Piercing Claims to Go Forward
On July 16, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 31, 2020 Accounting Claim Dismissed for Failure Adequately to Allege a Fiduciary Relationship
On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kar… Read More
July 30, 2020 Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant's Claim That He Did Not Live There
On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
July 29, 2020 Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis
To employers, having key employees sign non-competition agreements can be crucial to their business … Read More
July 29, 2020 Court Upholds Arbitrator's Sanctions Award
On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 28, 2020 Tortious Interference Claim Fails for Lack of Allegations of Malice or Illegal Means
On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan… Read More
July 27, 2020 Allegations Insufficient to Show Existence of a Joint Venture
On July 22, 2020, the Second Department issued a decision in MacKay v. Paesano, 2020 NY Slip Op. 041… Read More
July 26, 2020 Fee Charged to Forebear From Suing on Note Interest for Purposes of Usury Law
On July 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in S… Read More
July 23, 2020 Indenture Did Not Permit Trustee to Sue to Protect Investor's Rights Until There was an Event of Default
On July 16, 2020, Justice Schecter of the New York County Commercial Division issued a decision in U… Read More
July 22, 2020 Continuous Representation Doctrine Saves Legal Malpractice Action from Being Time-Barred
On July 15, 2020, the Second Department issued a decision in Keshner v. Hein Waters & Klein, 202… Read More
July 21, 2020 Court Grants Petition Staying Arbitration Because Claimant Failed to Use Pre-Arbitration Dispute Resolution Process
On July 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loca… Read More
July 20, 2020 Court Upholds Fraud Claim Based on Damages Resulting From Selling at a Fraudulently-Induced Deflated Price
On June 29, 2020, Justice Masley of the New York County Commercial Division issued a decision in Com… Read More
July 19, 2020 Court Vacates Preliminary Injunction Undertaking Because of Defendants' Failure to Obey the Injunction
On July 3, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Za… Read More
July 18, 2020 Action Dismissed for Failure to File Note of Issue
On July 2, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in So… Read More
July 17, 2020 Court Considers Constructive Dividends in Calculating Parties' Entitlement to Share of Company's Assets
On July 9, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Chun Y… Read More
July 16, 2020 Defendants Subject to Personal Jurisdiction in New York Based on Actions of their Agent
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.G. … Read More
July 15, 2020 Court Applies Continuing Wrong Doctrine to Find Breach of Contract Claims Timely
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Tsui … Read More
July 14, 2020 Alleged Errors in Applying Law Insufficient Basis for Challenging Arbitral Decision
On August 22, 2019, Justice Cohen of the New York County Commercial Division issued a decision in TC… Read More
July 12, 2020 Statements Made Counsel in an Internal Investigation Upon Which a Party Later Relied Are Party Admissions
On July 9, 2020, the First Department issued a decision in Angiolillo v. Christie's, Inc., 2020 NY S… Read More
July 11, 2020 Court Analyzes Rules Relating to Timely Moving to Confirm an Arbitral Award
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stai… Read More
July 10, 2020 Account Stated Claim Fails Because of Plaintiff's Irregular Billing Practices
On July 1, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in F… Read More
July 9, 2020 Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF In… Read More
July 8, 2020 Complaint Dismissed for Failure to Seek Default Judgment Within One Year
On July 1, 2020, the Second Department issued a decision in 16501 Jamaica Ave., LLC v. Hara, 2020 NY… Read More
July 7, 2020 Tortious Interference with Prospective Business Relations Claim Fails for Lack of Evidence of Wrongful Means or Malice
On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY… Read More
July 7, 2020 Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regardin… Read More
July 6, 2020 Delay in Moving to Amend No Basis for Denying Motion if There is no Prejudice
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dua… Read More
July 5, 2020 Fraud Claim Cannot be Based on Lost Profits
On June 25, 2020, the First Department issued a decision in Arena Riparian LLC v. CSDS Aircraft Sale… Read More
July 4, 2020 Accountants Did Not Have Fiduciary Duty to Client
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dea… Read More
July 3, 2020 Specific Representations and Warranties Control Over General "As Is" Clause
On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in V… Read More
July 2, 2020 Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service
On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Pate… Read More
July 1, 2020 Funding Litigation Does Not Violate Champerty Statute
On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT)… Read More
June 30, 2020 Prima Facie Tort Claim Fails Because Defendants Were Motivated By More Than Disinterested Malevolence
On June 4, 2020, Justice Borrok of the New York County Commercial Division issued a decision in LSG … Read More
June 29, 2020 Derivative Action Dismissed for Failure to Give Board Adequate Time to Respond to Demand
On April 4, 2020, Justice Masley of the New York County Commercial Division issued a decision in D. … Read More
June 28, 2020 Court of Appeals Accepts Certified Questions Relating to Usury
On June 23, 2020, the Court of Appeals accepted two pairs of certified questions--one from the Unite… Read More
June 27, 2020 Derivative Claims Based on Misconduct of Corporate Officers Barred by In Pari Delicto Doctrine
On June 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Rutig… Read More
June 26, 2020 That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective
On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fi… Read More
June 25, 2020 Tax Returns Not Discoverable Without Strong Showing That Information is Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Safir… Read More
June 24, 2020 Securities Act Section 11 and 12 Claims Not Subject to Heightened CPLR 3016 Pleading Standards
On June 2, 2020, Justice Borrok of the New York Commercial Division issued a decision in Matter of N… Read More
June 23, 2020 Economic Duress Not a Defense for At-Will Employees Who Sign Contracts Under Threat of Termination
A recent Commercial Division ruling analyzed whether an at-will employee can raise the affirmative d… Read More
June 23, 2020 Trust Entitled to Fees in RMBS Put-Back Action Based on Representation and Warranty Breaches
On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Pa… Read More
June 22, 2020 Nonsignatories Bound by Arbitration Provisions in Contract They Relied Upon in Asserting Claims
On May 29, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in 20… Read More
June 21, 2020 Maintaining and Using Disputed Property Insufficient, Without More, to Support Claim for Adverse Possession
On June 3, 2020, the Second Department issued a decision in Finger v. 162 Grand St. Realty, LLC, 202… Read More
June 20, 2020 Tortious Interference Claim Accrues When Plaintiff First Damaged
On June 4, 2020, the First Department issued a decision in Linkable Networks, Inc. v Mastercard Inc.… Read More
June 19, 2020 Failure to Make Timely and Particular Objections Waives Objections Not Based on Privilege or Palpable Impropriety
On June 18, 2020, the First Department issued a decision in Khatskevich v. Victor, 2020 N.Y. App. Di… Read More
June 18, 2020 Plaintiff States Claim for Breach of Obligation to Negotiate in Good Faith
On April 21, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Son… Read More
June 17, 2020 Defendants Who Are Not Statutory Sellers Not Liable for Section 12 Claims Even Though They Were Primary Beneficiaries of Stock Sale
On April 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
June 16, 2020 Defendants Who Were Parties to a Contract Not Liable for Tortious Interference With it
On May 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shyer… Read More
June 15, 2020 Allegations of Fraud Unrelated to Forum Selection Clause Do Not Bar Enforcement of Clause
On April 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Aby… Read More
June 14, 2020 Zoning Consulting is not a Profession for Purposes of a Professional Malpractice Claim
On May 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in 14 L… Read More
June 13, 2020 If Court Had No Jurisdiction to Enter Judgment, Payment of the Judgment Did Not Extinguish It and so it Could be Vacated
On May 27, 2020, the Second Department issued a decision in Yellowbook, Inc. v. Hedge, 2020 NY Slip … Read More
June 12, 2020 Court Holds that CPLR 3220 Award Only Available When Matter Has Gone to Trial
On April 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loe… Read More
June 11, 2020 Continuing Wrong Doctrine Does not Save Contract Claims Based on Failure to Recognize Ownership Share
On May 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Kaufm… Read More
June 10, 2020 Buying Distressed Debt to Collect on it Not Champerty
On April 23, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
June 9, 2020 Court Refuses to Dissolve LLC; High Burden for Dissolution Not Met
On May 1, 2020, Justice Schecter of the New York County Commercial Division issued a decision in War… Read More
June 8, 2020 Fraudulent Inducement Claim Survives as Not Duplicative of Breach of Contract Claim
On May 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in SRS Ca… Read More
June 7, 2020 Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, … Read More
June 7, 2020 Counsel Disqualified Based on Client's Conflict
On April 21, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
June 6, 2020 Landlord Not Entitled to Accounting from Tenant
On April 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 11… Read More
June 5, 2020 GBL 349 Claim Fails for Lack of Consumer Impact
On May 8, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Time W… Read More
June 4, 2020 Puffery Not Actionable Under Securities Laws
On May 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
June 3, 2020 Statute of Frauds Bars Claims Based on Alleged Oral 99-Year Lease
On May 13, 2020, the Second Department issued a decision in Roman Catholic Church of the Epiphany v.… Read More
June 2, 2020 Court Rejects Apex Doctrine Challenge to Executive's Deposition
On May 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.T. … Read More
June 1, 2020 Non-Recruitment Provision Reasonable, and Thus Enforceable
On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in Fi… Read More
May 31, 2020 Failure to Make Demand Dooms Conversion Claim
On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
May 30, 2020 Spoliation Sanctions Not Justified When Party Preserved Documents When it Became Aware That Litigation Was Probable
On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley … Read More
May 29, 2020 Liquidated Damages Provision Eliminates Need for Plaintiff to Mitigate Damages
On April 24, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 28, 2020 Providing Legal Advice to Person Accused of Fraud Insufficient to Support Aiding and Abetting Claim
On April 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Spa… Read More
May 27, 2020 Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue
On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Ha… Read More
May 26, 2020 Continuing Wrong Doctrine Does Not Save Plaintiff's Claims From Being Time-Barred
On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Mar… Read More
May 25, 2020 Court Analyzes Negligence and Fraud Claims Against Appraiser
On May 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shavol… Read More
May 24, 2020 To State a Conspiracy to Breach Fiduciary Duty Claim, All Alleged Conspirators Must Owe Fiduciary Duties
On May 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Sands… Read More
May 23, 2020 Account Stated Claim Dismissed As Duplicative of Breach of Contract Claim
On May 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in St.… Read More
May 22, 2020 Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely
On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag &… Read More
May 21, 2020 Legal Malpractice Claim Dismissed for Failure to Allege Facts Showing That Defendants' Alleged Negligence Damaged Plaintiff
On April 29, 2020, the Second Department issued a decision in Kahlon v. DeSantis, 2020 NY Slip Op. 0… Read More
May 20, 2020 New Case Filings to be Permitted in New York State Courts Starting Monday
On May 20, 2020, Chief Administrative Judge Marks announced that starting on Monday, May 25, 2020, "… Read More
May 20, 2020 Questions of Fact Regarding Defendant's Negligence Precluded Summary Judgment on Legal Malpractice Claim
On April 29, 2020, the Second Department issued a decision in Blumencranz v. Botter, 2020 NY Slip Op… Read More
May 19, 2020 Fact Questions Precluded Summary Judgment for Defendant Based on No Damages for Delay Clause
On April 30, 2020, the Third Department issued a decision in Framan Mech., Inc. v. State Univ. Const… Read More
May 18, 2020 Fraud Plaintiff's Due Diligence Sufficient When it Considered the Facts Reasonably Available to It
On February 19, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
May 16, 2020 Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechn… Read More
May 15, 2020 Accounts Receivable are Tangible Assets
On May 1, 2020, the Fourth Department issued a decision in Violet Realty, Inc. v. Amigone, Sanchez &… Read More
May 14, 2020 Court Voids Lien Law Lien Because of Exaggerated Claim
On April 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in GP… Read More
May 13, 2020 Party Whose Liability Was Only Vicarious Entitled to Common Law Indemnification
On April 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sha… Read More
May 12, 2020 Breach of Fiduciary Duty Claims Timely Even Though Alleged Breach Merely Renewed Earlier, Time-Barred Breaches
On May 7, 2020, the First Department issued a decision in Ganzi v. Ganzi, 2020 NY Slip Op. 02740, ho… Read More
May 11, 2020 Client's Mistaken Opinion on Law No Defense to Malpractice Claim
On April 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Am… Read More
May 10, 2020 Landlord's Acceptance of Rent from Entity Other Than Lessee Did Not Waive Lease's Non-Assignment Provisions
On May 6, 2020, the Second Department issued a decision in VRA Family L.P. v. Salon Mgt. USA, LLC, 2… Read More
May 9, 2020 Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. … Read More
May 8, 2020 Governor Extends Statute of Limitations Tolling to June 6, 2020
On May 7, 2020, Governor Cuomo issued Executive Order 202.28, which, among other things, extended th… Read More
May 7, 2020 Transcripts and Videos of Arguments in the Court of Appeals for March 2020 Now Available
On March 16, 2020, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
May 6, 2020 Arbitral Panel Can Reconsider Partial Award
On April 30, 2020, the Court of Appeals issued a decision in American Intl. Specialty Lines Ins. Co.… Read More
May 5, 2020 Litigant Not Entitled to Indemnification by Contractual Counter-Party Because Contract Was Not Unmistakably Clear
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Hu… Read More
May 4, 2020 New York State Courts Continue Slowly to Reopen
On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and … Read More
May 3, 2020 Legal Malpractice Claim Dismissed Based on the Attorney-Judgment Rule
On April 23, 2020, the First Department issued a decision in Lloyd's Syndicate 2987 v. Furman Kornfe… Read More
May 2, 2020 Court Excuses Defendants' Failure to Raise Statute of Limitations Defense in Initial Motion to Dismiss
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in HH… Read More
May 1, 2020 Lack of Due Diligence Dooms Fraudulent Inducement Claim
On April 16, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
April 30, 2020 Legal Malpractice and Breach of Fiduciary Duty Claims Found Not Duplicative
On April 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ha… Read More
April 29, 2020 Non-Compete Clause Covering All of United States and Canada Unenforceable
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in St… Read More
April 28, 2020 Demand Futility Allegations Fail to Overcome High Bar Where Outside Directors are Insulated from Monetary Liability
On April 13, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 27, 2020 Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute
On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
April 26, 2020 Acts in New York are Insufficient Basis for Personal Jurisdiction When The Claim is not Based on Those Acts
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
April 25, 2020 Failure to Serve Judgment Debtor Dooms Creditor's Attempts to Collect
On April 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ka… Read More
April 24, 2020 Account Stated Theory Provides Basis For Defense Based on Payment of Stated Account
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
April 23, 2020 Breach of Contract Claim Fails if Injury is Not Alleged
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
April 22, 2020 Scheduling Remote Conferences with Commercial Division Justices
The Commercial and Federal Litigation Section of the New York State Bar Association has compiled inf… Read More
April 21, 2020 NYSBA CLE: How To Seal Documents in the Commercial Division
On Wednesday April 22, 2020, the Commercial and Federal Litigation Section of the New York State Bar… Read More
April 20, 2020 Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial
On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Dar… Read More
April 19, 2020 Court Did Not Abuse Discretion in Dismissing Years-Old Action Without Prejudice
On April 16, 2020, the Third Department issued a decision in Green Tree Servicing LLC v. Shiow Fei J… Read More
April 18, 2020 Party That Did Not Sign Agreement Containing Arbitration Provision Not Required to Arbitrate Dispute
On April 16, 2020, the First Department issued a decision in Matter of KPMG LLP v. Kirschner, 2020 N… Read More
April 17, 2020 Existence of Contract Bars Claim for Equitable Indemnification
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Al… Read More
April 16, 2020 Breach of Contract Claim Dismissed for Failure to Identify Contract Terms that Were Breached
On April 2, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in I… Read More
April 15, 2020 Attorney Can Be Liable for Participating in a Client's Tortious Misconduct
On March 31, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
April 14, 2020 Current Financial Crisis Likely Will Lead to Events of Default in RMBS Trusts
Unlike our usual posts, which analyze recent Commercial Division decisions, this post is written to … Read More
April 13, 2020 GBL 349 Claim Cannot be Based on Failure to Disclose Illegal Conduct
On April 2, 2020, the Court of Appeals issued a decision in Collazo v. Netherland Prop. Assets LLC, … Read More
April 12, 2020 Cost of Litigation Does Not Satisfy Damages Element of Tort Claim
On April 9, 2020, the First Department issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt … Read More
April 11, 2020 Court Rejects Due Diligence Defense to Fraud Claim
On April 9, 2020, the First Department issued a decision in Knox, LLC v. Lakian, 2020 NY Slip Op. 02… Read More
April 10, 2020 Lack of Nexus to New York Weighs Heavily in Decision Granting Forum Non Conveniens Dismissal
On April 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
April 9, 2020 Judiciary Law 487 Does Not Cover Non-Meritorious Legal Arguments
On March 31, 2020, the Court of Appeals issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C… Read More
April 7, 2020 Court Upholds Claim Seeking Constructive Trust
On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. … Read More
April 6, 2020 Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action
On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Ca… Read More
April 5, 2020 Court Erred by Weighing Conflicting Evidence in Deciding Motion for Directed Verdict
On March 25, 2020, the Second Department issued a decision in Boriello v. Loconte, 2020 NY Slip Op. … Read More
April 4, 2020 Decision in Derivative Action by Different Shareholder Has Res Judicata Effect on Later Suit by Different Shareholder
On March 18, 2020, the Second Department issued a decision in Noor v. Mahmood, 2020 NY Slip Op. 0192… Read More
April 3, 2020 Unilateral Mistake Claim Fails in the Absence of Allegations of Fraud or Other Wrongdoing
On March 19, 2020, the First Department issued a decision in Quattro Parent LLC v. Rakib, 2020 NY Sl… Read More
April 2, 2020 Court of Appeals Strikes Down Part of Rent Control Law on Due Process Grounds
On April 2, 2020, the Court of Appeals issued a decision in Matter of Regina Metro. Co., LLC v. New … Read More
April 2, 2020 New York Courts Clarify E-Filing Rules for Essential Matters
The New York State courts have issued guidance and a new form relating to the filing of papers in es… Read More
April 2, 2020 Court Grants Forum Non Conveniens Motion Based on Parties' Limited Connection to New York
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in BSR… Read More
April 1, 2020 Substantial Completion of Contractual Duties Can Bar Termination for Breach
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in McC… Read More
March 31, 2020 SDNY and EDNY Further Limit Operations in Face of Coronavirus Crisis
The focus of this blog is the Commercial Division of the New York state courts. Still, many of our … Read More
March 31, 2020 Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim
On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 30, 2020 Statute of Repose Bars Securities Act Claims
On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
March 29, 2020 Securities Act Claims Based on Negligence Do Not Have to be Plead in Detail Under CPLR 3106
On March 9, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mat… Read More
March 28, 2020 Defendant Could Not Terminate Contractor Without Providing Contractually-Required Notice and Opportunity to Cure
On March 3, 2020, Justice Schecter of the New York County Commercial Division issued a decision in F… Read More
March 27, 2020 Fraud Claim Regarding Company's Legal Status Fails for Lack of Due Diligence; Status Was Available to Public on Government Website
On March 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in N… Read More
March 26, 2020 Absolute Privilege Applies to Contractual Non-Disparagement Clauses
On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mal… Read More
March 25, 2020 That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver
On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 24, 2020 Borrowing Statute Requires Use Not Just of Foreign State's Statute of Limitations But Also its Tolling Rules
On March 4, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in E… Read More
March 23, 2020 Upcoming Arguments in the Court of Appeals in April 2020
UPDATE: On April 6, 2020, the Court of Appeals cancelled arguments for the May/June session. Upcomin… Read More
March 22, 2020 New York Courts Prohibit Filings in Non-Essential Matters
On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no lon… Read More
March 22, 2020 Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord
On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 21, 2020 New York Tolls Statue of Limitations for 30 Days
On March 20, 2020, New York Governor Andrew Cuomo issued an Executive Order tolling statutes of limi… Read More
March 21, 2020 Conflict Not Disqualifying When Prior Representation Unrelated to Current One
On March 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sho… Read More
March 20, 2020 Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304
On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit … Read More
March 19, 2020 New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak
On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the… Read More
March 19, 2020 State Courts in Manhattan Further Restrict Operations
Today, the New York state courts in New York County (Manhattan) announced further limitations to the… Read More
March 19, 2020 Justices Schecter and Masley Announce Procedures Relating to COVID-19
New York County Commercial Division Justices Schecter and Masley have announced new part rules relat… Read More
March 19, 2020 Forum Non Conveniens Dismissal Upheld on Appeal
On February 25, 2020, the First Department issued a decision in Al Rushaid Parker Drilling Ltd. v. B… Read More
March 18, 2020 We are Open For Business (Just not in the Office)
We hope that all are well in these chaotic times. We want everyone to know that while our offices ar… Read More
March 18, 2020 First and Second Departments Suspend Deadlines
The First and Second Departments have announced that they are suspending most deadlines. They have p… Read More
March 18, 2020 Defamation Claim Cannot Be Based on Expressions of Opinion
On February 25, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 17, 2020 Labor Law 193 Does Not Apply to Wholesale Withholding of Pay
On February 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 16, 2020 Upcoming Arguments in the Court of Appeals in March 2020
Upcoming argument in the Court of Appeals in March 2020 that may be of interest to commercial litiga… Read More
March 16, 2020 New York Courts Further Restrict Operations in Response to Coronavirus
Following up on his March 13 memo announcing some limitations on operations in the New York state co… Read More
March 15, 2020 Securities Act Sections 11 and 12 Claims in State Court Not Required to be Plead with Particularity
On February 26, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 14, 2020 Expiration of Statute of Limitations Supports Grant of Motion to Extend Time to Serve
On February 26, 2020, the Second Department issued a decision in BAC Home Loans Servicing, L.P. v. H… Read More
March 13, 2020 New York State Courts Cancel Jury Trials, Impose Other Limitations in Response to Coronavirus
As other courts have done, the New York state courts have implemented procedures limiting courthouse… Read More
March 13, 2020 Appointment of Separate Counsel Intervening Cause Defeating Malpractice Claim
On February 25, 2020, the First Department issued a decision in Binn v. Muchnick, Golieb & Golie… Read More
March 12, 2020 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Rule 31 o… Read More
March 11, 2020 No Cause of Action for Anticipatory Breach When Plaintiff Already is in Material Breach
On February 27, 2020, the First Department issued a decision in Rapson Invs. LLC v. 45 E. 22nd St. P… Read More
March 10, 2020 Fiduciary With Unfettered Discretion Cannot Exercise That Discretion in Bad Faith
On February 27, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
March 9, 2020 Individual Owner Can be Held Liable Under Veil Piercing Claim for the Torts of Owner's Company
On February 21, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
March 9, 2020 S.D.N.Y Limits Courthouse Access in Response to Coronavirus
The S.D.N.Y. has issued an order limiting access to its courthouses in response to coronavirus conce… Read More
March 8, 2020 Late-Filed Motion to Amend Denied
On February 25, 2020, the First Department issued a decision in Ness Tech. SARL v. Pactera Tech. Int… Read More
March 7, 2020 Account Holder Does Not Have Standing to Move to Quash a Subpoena for its Bank Records
On February 26, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
March 6, 2020 Third-Party's Presence Did Not Waive Attorney-Client Privilege
On March 3, 2020, the First Department issued a decision in Spicer v. GardaWorld Consulting (UK) Ltd… Read More
March 5, 2020 New York Court Had Jurisdiction to Decide Derivative Claims Despite Operating Agreement's Delaware Choice of Law Clause
On March 3, 2020, the First Department issued a decision in Favourite Ltd. v. Cico, 2020 NY Slip Op.… Read More
March 4, 2020 Claim for Contrauctive Fraudulent Conveyance Does not Require Allegations of Scienter
On February 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 3, 2020 Employees' E-mails With Counsel Sent on Employer's Computer System Not Privileged
On February 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 2, 2020 Court Declines to Vacate Judgment Based on the "Injustice" of Applying Federal Law in State Court
On February 6, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
March 1, 2020 Commercial Tenant Claiming Constructive Eviction Liable for Rent Because it Remained in Possession of the Leased Premises
On February 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 29, 2020 Merger Clause Defeats Fraudulent Inducement Claim
On February 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
February 28, 2020 Material Misrepresentation Justified Rescission of Agreement
On February 18, 2020, the First Department issued a decision in Sabby Healthcare Master Fund Ltd. v.… Read More
February 27, 2020 Firm Disqualified From Representation Because Some Members of Firm Would be Trial Witnesses
On February 11, 2020, the First Department issued a decision in Matter of Diet Drug Litig. v. Wyeth-… Read More
February 26, 2020 Dismissal Based on Excluded Evidence Insufficient Basis for Malicious Prosecution Claim
On February 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
February 25, 2020 Plaintiff Not Entitled to Summary Judgment on Guaranty When it Could Not Be Authenticated by a Disinterested Witness
On February 13, 2020, the First Department issued a decision in Galpern v. Air Chefs, L.L.C., 2020 N… Read More
February 24, 2020 Transcripts and Videos of Arguments in the Court of Appeals for February 2020 Now Available
On January 31, 2020, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
February 23, 2020 Court Denies 3211(a)(1) Motion to Dismiss Based on E-mails
On February 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
February 22, 2020 Plaintiff Sufficiently Alleges Jurisdiction Over Foreign Defendant That Did Not Travel to New York
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
February 21, 2020 Court Vacates Late-Filed Notice of Discontinuance
On January 24, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 20, 2020 Third-Party Assessment of Product's Quality Provided by Contract Binding Even Where Assessment Do Not Cover All Quality Requirements
On February 3, 2020, Justice Cohen of the New York County Commercial Division issued a decision in C… Read More
February 19, 2020 LLC's Managing Members Owed Fiduciary Duties to Non-Managing Member
On January 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
February 18, 2020 Veil Piercing Claim Against Parent Fails Because Plaintiff Was Aware of Subsidiary's Financial Condition
On January 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 17, 2020 Defendant Liable for Breach of Term Sheet's Obligation to Negotiate Lease in Good Faith
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
February 16, 2020 Deceased Partner's Estate Does Not Have Standing to Seek Limited Partnership's Dissolution
On February 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 15, 2020 Court Declines to Apply Tax Estoppel on Summary Judgment
On January 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in S… Read More
February 14, 2020 Abuse of Process Claim Cannot be Based on Initiation of a Lawsuit
On January 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 12, 2020 Court Reinstates Claim for Tortious Interference with an At-Will Employment Contract
On February 7, 2020, the Fourth Department issued a decision in Conklin v. Laxen, 2020 NY Slip Op. 0… Read More
February 11, 2020 Veil Piercing Claim Upheld Based on Allegations of Fraudulent Inducement
On January 31, 2020, the Fourth Department issued a decision in Clark Rigging & Rental Corp. v. … Read More
February 10, 2020 Court Dismisses Declaratory Judgment Claim as Duplicative of Contract Claim
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in C… Read More
February 9, 2020 Promissory Estoppel Claim Can Survive Despite Statute of Frauds
On September 30, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in Par… Read More
February 8, 2020 Claimant Did Not Waive Arbitration Provision By Bringing An Action But Dismissing it Less Than a Month Later
On January 21, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 7, 2020 Court Rejects Attack on New York Choice of Law Clause Based on California Public Policy
On January 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 6, 2020 Party Sanctioned for Falsifying Document
On January 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 4, 2020 Contract's Definition of Term Controls, Not the Common Understanding of the Term's Meaning
On January 28, 2020, the First Department issued a decision in Condor Capital Corp. v. CALS Invs., L… Read More
February 2, 2020 Successor Company Liable Under De Facto Merger Doctrine
On January 29, 2020, the Second Department issued a decision in Bonanni v. Horizons Invs. Corp., 202… Read More
February 1, 2020 Provision Limiting Liability for Breach of Contract Enforceable
On January 29, 2020, the Second Department issued a decision in Astoria Generating Co., LP v. Riley … Read More
January 31, 2020 Upcoming Arguments in the Court of Appeals in February 2020
Upcoming arguments in the Court of Appeals in February 2020 that may be of interest to commercial li… Read More
January 30, 2020 Statute of Frauds Does Not Apply to Oral Contract to Create a Joint Venture
On January 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in L… Read More
January 29, 2020 Not All Misconduct Can Support an In Pari Delicto Defense
On January 21, 2020, the First Department issued a decision in U-Trend N.Y. Inv. L.P. v. US Suite LL… Read More
January 28, 2020 Garnishee Liable for Transfer of Restrained Funds
On January 22, 2020, the Second Department issued a decision in Matter of Bravado Intl. Group Mercha… Read More
January 27, 2020 First Department Endorses Sampling in RMBS Put-Back Litigation
On January 16, 2020, the First Department issued a decision in Ambac Assur. Corp. v. Countrywide Hom… Read More
January 26, 2020 Bare Assertion of Law Office Failure Insufficient to Justify Vacating Default Judgment
On January 15, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Fis… Read More
January 25, 2020 Plaintiff Liable for Damages Resulting from Breach of Contractual Notice and Cure Provision
On January 13, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
January 24, 2020 Discovery Sanction Reversed as Excessive
On January 14, 2020, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2… Read More
January 23, 2020 Promissory Estoppel Claim Dismissed for Failure Adequately to Allege a Promise and Reliance
On January 14, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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 T… Read More
January 21, 2020 Court Vacates Default Because Lawyer, Not Client, Was to Blame for Failure to Appear at Court Conferences
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in E… Read More
January 19, 2020 Statement That Counterclaimants Were "Scammers," "Con Artists" and "Thieves" Basis for Defamation Claim
On January 8, 2020, the Second Department issued a decision in Levy v. Nissani, 2020 NY Slip Op. 001… Read More
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… Read More
January 17, 2020 E-mails and Unsigned Documents Not Documentary Evidence Under CPLR 3211(a)(1)
On December 18, 2019, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Comme… Read More
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… Read More
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 … Read More
January 14, 2020 Law Firm Disqualified Based on Prior Representation in a Related Matter
On December 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
January 13, 2020 Veil Piercing Claim Rejected; Alleged Domination and Control Unrelated to Basis of Claim
On December 18, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
January 12, 2020 Alleged Lack of Documentary Evidence Referring to an Oral Contract Insufficient Basis for Dismissing Claim Alleging Such a Contract
On December 19, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
January 11, 2020 Three Year Statute of Limitations for Professional Malpractice Cannot be Extended by Re-characterizing Claims as Contract Claims
On December 26, 2019, the Third Department issued a decision in WSA Group, PE-PC v. DKI Eng'g & … Read More
January 10, 2020 Fraud Claim Dismissed; Plaintiff's Reliance on Alleged Misrepresentations was Unreasonable Due to Plaintiff's Failure to Exercise Due Diligence
On December 26, 2019, the First Department issued a decision in Unique Goals Intl., Ltd. v. Finskiy,… Read More
January 9, 2020 Questions of Fact Regarding Defendant's Alleged Misconduct Precluded Dismissal Based on Construction Contract's No Damages for Delay Clause
On December 26, 2019, the First Department issued a decision in Tyrek Hgts. Erectors, Inc. v. WDF, I… Read More
January 8, 2020 That Court Signed OSC Does Not Mean that Motion Was Not Frivolous
On December 19, 2019, the First Department issued a decision in Matter of Citigroup Global Mkts., In… Read More
January 7, 2020 Judgment Creditor Did Not Create Lien on Debtor's Property Because Debtor's Name Was Misspelled
On December 18, 2019, the Second Department issued a decision in Matter of Fischer v. Chabbott, 2019… Read More
January 6, 2020 PRESUMPTIVE ADR IN NEW YORK COURTS
The information below is from the City Bar Association regarding a program on the Chief Judge's pres… Read More
January 6, 2020 Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach
On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 U… Read More
January 5, 2020 Foreign Judgment Takes Precedence over Settlement Agreement That the Judgment Enforced
On December 24, 2019, the Second Department issued a decision in Bernardo v. Ramos, 2019 NY Slip Op.… Read More
January 4, 2020 Defendant's Incarceration Not Reasonable Excuse for Default When Defendant Was Represented by Counsel
On December 19, 2019, the First Department issued a decision in Matter of Wimbledon Fin. Master Fund… Read More
January 3, 2020 Defendant that Engaged in Wrongdoing Not Entitled to Common Law Indemnification
On December 20, 2019, the Fourth Department issued a decision in Board of Educ. of Palmyra-Macedon C… Read More
January 2, 2020 Corporate Officer May be Held Liable for Corporation's Tort in Which the Officer Participated
On December 20, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust … Read More
January 1, 2020 Justice Colaiacovo Updates Part Rules
Justice Emilio Colaiacovo of the Eighth Judicial District Commercial Division recently updated his i… Read More
December 31, 2019 Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
On December 13, 2019, Justice Sherwood of the New York County Division issued a decision in Citigrou… Read More
December 30, 2019 Justice Karalunas Updates Part Rules
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individ… Read More
December 29, 2019 Documents Prepared for Uses Other Than Litigation Cannot be Withheld for Production Even if They Also Were Prepared in Anticipation of Litigation
On December 20, 2019, the Fourth Department issued a decision in John Mezzalingua Assoc., LLC v. Tra… Read More
December 28, 2019 Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
December 27, 2019 That Loan Was Made from the Proceeds of Illegal Gambling Does Not Make Loan Contract Unenforceable
On December 19, 2019, the Court of Appeals issued a decision in Centi v. McGillin, 2019 NY Slip Op. … Read More
December 26, 2019 Court Analyzes Successor Liability Under the De Facto Merger Doctrine
On December 13, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 25, 2019 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Commercia… Read More
December 24, 2019 Interlocutory Arbitral Awards Not Subject to Judicial Review
On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dwo… Read More
December 23, 2019 Trial Court Properly Declined to Decide Issue of Reasonable Reliance on Summary Judgment
On December 17, 2019, the First Department issued a decision in Norddeutsche Landesbank Girozentrale… Read More
December 22, 2019 New York Court Lacked Jurisdiction to Enjoin Sale of Real Estate in Another State
On December 17, 2019, the First Department issued a decision in Clark Tower, LLC v. Wells Fargo Bank… Read More
December 21, 2019 Claims Found to Have Been Timely Asserted in Initial Complaint That Never Was Served Because of Lack of Objection
On December 17, 2019, the Court of Appeals issued a decision in Vanyo v. Buffalo Police Benevolent A… Read More
December 20, 2019 First Department Upholds Forum Non Conveniens Dismissal
On December 12, 2019, the First Department issued a decision in JTS Trading Ltd. v. Asesores, 2019 N… Read More
December 18, 2019 No Cause of Action for Loss of Prospective Economic Advantage
On October 31, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Pat… Read More
December 17, 2019 Trespass Claim Dismissed; Alleged Trespass was Required by Law
On December 10, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 15, 2019 Parties Bound by Unsigned Contract
On December 3, 2019, the First Department issued a decision in Lerner v. Newmark & Co. Real Esta… Read More
December 14, 2019 New York Action Properly Stayed in Favor of Prior Pending Action in New Jersey
On December 5, 2019, the First Department issued a decision in Dietz v. Linde Gas N. Am., LLC, 2019 … Read More
December 13, 2019 Quantum Meruit Claim Barred by Contract Covering Same Subject Matter Even Though Defendant Was Not Signatory
On December 5, 2019, the First Department issued a decision in J.T. Magen & Co., Inc. v. Nissan … Read More
December 12, 2019 Discovery on Defendant's Motive for Breaching Contract Denied
On December 3, 2019, the First Department issued a decision in Bersin Props., LLC v. Nomura Credit &… Read More
December 11, 2019 Court Refuses to Stay Securities Class Action in Favor of Later-Filed Federal Class Action
On November 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
December 10, 2019 Privilege Determined by Law of Location of Trial or of Proceeding Seeking Discovery
On November 27, 2019, the Second Department issued a decision in Askari v. McDermott, Will & Eme… Read More
December 9, 2019 Striking Answer and Dismissal of Counterclaims as Discovery Sanction Upheld
On November 27, 2019, the Second Department issued a decision in Sparakis v. Gozzer Corp., 2019 NY S… Read More
December 8, 2019 Plaintiff Prevails at Traverse Despite Process Server's Absence
On November 21, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 7, 2019 Counsel Disqualified from Representing LLC and its Members
On November 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 6, 2019 Statue of Limitations for Action Brought by Trustee is Based on the Trustee's Residence
On November 25, 2019, Justice Fahey of the Court of Appeals issued a decision in Deutsche Bank Natl.… Read More
December 5, 2019 Directing RMBS Certificateholder Not "Effective" Plaintiff Causing Suit to Fail for Lack of Standing Under PSA's No Action Clause
On November 21, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 4, 2019 Court Refuses to Consolidate Cases in Significantly Different Procedural Postures
On November 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
December 3, 2019 Court Grants Preliminary Injunction Enforcing Restrictive Covenants Pending Trial
On November 26, 2019, the First Department issued a decision in UAH-Mayfair Mgt. Group LLC v. Clark,… Read More
December 2, 2019 Court Looks to Substance of Agreement, Not How it is Styled, in Upholding Usury Claim
On November 19, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in McNi… Read More
December 1, 2019 Summons with Notice Provided Sufficient Notice to Satisfy Statute of Limitations
On November 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 30, 2019 Trustee Cannot Rely on CPLR 205 Relation Back When Trust Beneficiary, Not Trustee, Initially Brought Suit
On November 19, 2019, the First Department issued a decision in US Bank N.A. v. UBS Real Estate Sec.… Read More
November 29, 2019 Alleged Poor Administration or Planning Insufficient to Bar Defendant's Reliance on No Damages for Delay Clause
On November 19, 2019, the First Department issued a decision in WDF Inc. v Turner Constr. Co., 2019 … Read More
November 28, 2019 Liability for Aiding and Abetting Requires Affirmative Acts, Not Acquiescence
On November 20, 2019, the Second Department issued a decision in Land v. Forgione, 2019 NY Slip Op. … Read More
November 27, 2019 Retaliation Claims Barred by Noerr-Pennington Doctrine
On November 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
November 26, 2019 Discharge in Bankruptcy did not Automatically Accelerate Mortgage Debt, Affecting Statute of Limitations
On November 15, 2019, the Fourth Department issued a decision in Wilmington Sav. Fund Socy., FSB v. … Read More
November 25, 2019 Whether Non-Signatory of Arbitration Provision Bound By it is Question for Court, Not Arbitrator
On November 14, 2019, the First Department issued a decision in Matter of 215-219 W. 28th St. Mazal … Read More
November 24, 2019 Counsel Sanctioned for Bringing Frivolous Action
On November 13, 2019, Justice Garguillo of the Suffolk County Commercial Division issued a decision … Read More
November 23, 2019 Derivative Claims Allowed to go Forward; Demand Futility was Properly Alleged
On November 13, 2019, the Second Department issued a decision in Guzman v. Kordonsky, 2019 NY Slip O… Read More
November 22, 2019 Court Should Have Granted Source Code Attorneys' Eyes Only Protection
On November 12, 2019, the First Department issued a decision in BEC Capital, LLC v. Bistrovic, 2019 … Read More
November 21, 2019 Open Repudiation Toll Doctrine Inapplicable to Claim for Money Damages for a Breach of Fiduciary Duty
On November 14, 2019, the First Department issued a decision in Matter of Yin Shin Leung Charitable … Read More
November 20, 2019 Contract Term Allowing Defendant to Act in its Reasonable Judgment Required Defendant to Have a Reasonable Basis for its Actions
On November 8, 2019, the Fourth Department issued a decision in Scheer v Elam Sand & Gravel Corp… Read More
November 19, 2019 Moving to Dismiss for Failure to Serve Complaint Does Not Waive Right Later to Move to Dismiss for Lack of Jurisdiction
On October 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 18, 2019 Written Contract's Merger Clause Does Not Bar Parol Evidence Regarding an Alleged Agreement When Alleged Agreement was Collateral to the Written Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 17, 2019 Plaintiff Cannot Save Time-Barred Legal Malpractice Claims by Re-Characterizing Them as Fraud Claims
On November 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 16, 2019 Aiding and Abetting Fraud Claim Fails for Lack of Evidence of Substantial Assistance
On October 29, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 15, 2019 CLE Program: Practicing in NYS Supreme Court (Part 2)
On November 20, 2019, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at th… Read More
November 15, 2019 Non-Appealing Defendants Entitled to Benefit of Appealing Defendant's Successful Appeal
On September 6, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Gl… Read More
November 14, 2019 Conversion Claim Based on Alleged Right to Receive Shares Dismissed
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 13, 2019 CLE Program: Practicing in NYS Supreme Court
On November 13, 2019 , Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at t… Read More
November 13, 2019 Allegations Fail to Establish that Plaintiff Was Third-Party Beneficiary of Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 12, 2019 Contract Claim Barred by Voluntary Payment Doctrine
On October 30, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 11, 2019 Plaintiff Cannot Sue for both Rescission and Damages for Breach of Contract
On October 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 10, 2019 Constructive Trust Upheld
On October 30, 2019, the Second Department issued a decision in Galasso, Langione & Botter, LLP … Read More
November 9, 2019 Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 8, 2019 Upcoming Arguments in the Court of Appeals in November 2019
Upcoming argument in the Court of Appeals in November 2019 that may be of interest to commercial lit… Read More
November 7, 2019 Claims Barred by Release
On October 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 6, 2019 At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative
On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in S… Read More
November 5, 2019 CPLR 205 Relation Back Applies to Federal Claim Transferred to New York
On October 17, 2019, the First Department issued a decision in Federal Home Loan Bank of Boston v. M… Read More
November 4, 2019 Statute of Frauds Bars Claim Based on Oral Guarantee of Rent Obligations
On October 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 3, 2019 Suit Stayed in Favor of Prior Pending Federal Action
On October 15, 2019, Justice Borrok of the New York County Commercial Division issued a decision iss… Read More
November 2, 2019 Court May Not Vacate Arbitral Award Because Arbitrator Erred in Interpreting or Applying the Law
On October 24, 2019, the First Department issued a decision in Matter of Nexia Health Tech., Inc. v.… Read More
November 1, 2019 Fraudulent Conveyance Claims Dismissed for Insufficient Allegations of Fraud
On October 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 31, 2019 Tortious Interference Claim Dismissed Based on Economic Justification Defense
On October 22, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 30, 2019 Non-New York Statutes do not Invalidate Contracts that Chose New York Law
On October 24, 2019, the First Department issued a decision in ABB, Inc. v. Havtech, LLC, 2019 NY Sl… Read More
October 29, 2019 Court Rejects Claim for Aiding and Abetting Fraudulent Conveyance
On October 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
October 28, 2019 Transcripts and Videos of Arguments in the Court of Appeals for October 2019 Now Available
On October 17, 2019, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
October 28, 2019 Court Dismisses Claim for Lost Profits Damages
On October 9, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
October 27, 2019 Lack of Particularity Dooms Fraudulent Conveyance Claim
On October 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in G… Read More
October 26, 2019 Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling
On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in… Read More
October 25, 2019 Corporate Waste Claim Defeated by Business Judgment Rule
On October 9, 2019, the Second Department issued a decision in Witty v. Wallace, 2019 NY Slip Op. 07… Read More
October 24, 2019 Loans Not Identified in Timely RMBS Putback Notice Still Subject to Putback Based on Later Notices, Which Related Back to First Notice
On October 10, 2019, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, … Read More
October 23, 2019 Court Analyzes Adverse Interest Exception to in Pari Delicto Defense
On October 10, 2019, the First Department issued a decision in Conway v. Marcum & Kliegman LLP, … Read More
October 22, 2019 Plaintiff Waives Jury Trial Against all Defendants by Seeking Non-Incidental Equitable Claim Against one Defendant
On October 8, 2019, the First Department issued a decision in Errant Gene Therapeutics, LLC v. Sloan… Read More
October 21, 2019 Oral Joint Venture Agreement Barred by Statute of Frauds
On October 7, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 20, 2019 Constructive Eviction Suspends Obligation to Pay Rent
On October 8, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in B… Read More
October 19, 2019 Commercial Reasonableness of Creditor's Auction Disposing of Collateral Created Issue of Fact Regarding Damages
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
October 18, 2019 Text Relating to Negotiation of Agreement Is Not A Binding Agreement
On October 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in R… Read More
October 17, 2019 Upcoming Arguments in the Court of Appeals in October 2019
Upcoming argument in the Court of Appeals in October 2019 that may be of interest to commercial liti… Read More
October 17, 2019 Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
October 16, 2019 Court Erred in Awarding Damages That Were Not Proved or Requested
On October 8, 2019, the First Department issued a decision in Pastreich v. Pastreich, 2019 NY Slip O… Read More
October 15, 2019 Plaintiff May Not Move to Amend Complaint After Complaint Has Been Dismissed
On October 1, 2019, the First Department issued a decision in Tanner v. Stack, 2019 NY Slip Op. 0703… Read More
October 14, 2019 Faithless Servant Claim Requires Defendant to Have Acted Directly Against Employer's Interests as in Embezzlement, Improperly Competing or Usurping Business Opportunities
On October 1, 2019, the First Department issued a decision in Bluebanana Group v. Sargent, 2019 NY S… Read More
October 13, 2019 Fraud Claim Cannot be Based on Alleged Intention Not to Perform Contract
On September 25, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 12, 2019 Court Dismisses Federal Securities Fraud Claims
On September 26, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 11, 2019 Failure to Send Regular Invoices Defeats Account Stated Claim
On September 13, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 10, 2019 Court Refuses to Apply Apex Doctrine to Quash Subpoena
On September 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 9, 2019 Derivative and Individual Claims Based on Same Facts Cannot be Brought in Same Action
On September 23, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 8, 2019 Statute of Frauds Bars Claim Based on Alleged 99-Year Lease
On August 21, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Roman C… Read More
October 7, 2019 Sale of Bond Transfers All Claims Held by Previous Owner
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 6, 2019 Derivative Claims Against LLC's Non-Managing Members Dismissed
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 5, 2019 Default Judgment Denied Due to Failure to Prove Damages; Plaintiff Allowed to Take Discovery and Renew Motion
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
October 4, 2019 Action is Not First Filed Action for CPLR 3211(a)(4) Purposes if Summons With Notice is Not Followed by Complaint
On September 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
October 2, 2019 Court Dismisses Conversion Claim Based on Copying Electronic Files
On September 19, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
October 1, 2019 Defendant's Acknowledgement of Existence of Oral Contract Defeats Statute of Frauds Defense
On September 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 30, 2019 Defendant Fails to Provide Adequate Basis for Vacating Default
On September 25, 2019, the Second Department issued a decision in Redbridge Bedford, LLC v 159 N. 3r… Read More
September 28, 2019 Tenant Could Not Bring and Then Consolidate Two Actions to Avoid No Counterclaims Provision in Lease
On September 20, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 27, 2019 Yellowstone Injunction Denied Because Failure to Have Insurance Was Not Curable
On September 12, 2019. Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 26, 2019 Lender - Borrower Relationship Does Not Give Rise to Fiduciary Duty
On September 11, 2019, Justice Cohen of the New York County Commercial Division issued a decision in… Read More
September 25, 2019 Corporate Officer Liable for Business Tort Only to Extent of Personal Participation in and Knowledge of It
On September 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 24, 2019 Additional Notices of Claim Related Back to Original Summons With Notice
On September 17, 2019, the First Department issued a decision in HSBC Bank USA v. Merrill Lynch Mtge… Read More
September 23, 2019 First Department Recognizes Narrow Exception to Rule that Privilege Rules Applied to Evidence Are Those of Forum in Which Evidence Will Be Used
On September 17, 2019, the First Department issued a decision in Ambac Assur. Corp. v. Nomura Credit… Read More
September 22, 2019 Senior Lender Did Not Have Special Duty to Subordinated Junior Lender
On September 9, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 21, 2019 Court Erred in Vacating Default When There Was No Reasonable Excuse for the Default
On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY… Read More
September 20, 2019 Shareholder Agreement Provision Requiring Shareholders and Corporation to Agree on Shareholder's Compensation Unenforceably Vague
On September 11, 2019, the Second Department issued a decision in Osborne v. Williamson Law Book Co.… Read More
September 19, 2019 First Department Approves Sampling in RMBS Actions
On September 17, 2019, the First Department issued a decision in Home Equity Mtge. Trust Series 2006… Read More
September 18, 2019 Dismissal of Foreclosure Action for Failure to Prosecute Vacated
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2… Read More
September 17, 2019 Account Stated Claim Cannot Create Liability Where None Exists
On September 10, 2019, the First Department issued a decision in Cushman & Wakefield, Inc. v. Ka… Read More
September 16, 2019 General Obligations Law 5-1402 Bars Forum Non Conveniens Motion
On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 14, 2019 Initial Consultation Insufficient to Justify Counsel's Disqualification on Conflict Grounds
On September 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 13, 2019 Bank Holding Company Not Liable for Acts of its Banking Subsidiary
On September 5, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 11, 2019 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed rule changes. Firs… Read More
September 10, 2019 Placing Disputed Funds in Escrow Did Not Stop Liability for Post-Judgment Interest
On September 10, 2019, the First Department issued a decision in Triadou SPV S.A. v. CF 135 Flat LLC… Read More
September 9, 2019 Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money
On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 8, 2019 Court Grants Yellowstone Injunction, Noting Low Burden for Granting Such an Injunction
On July 11, 2019, Justice Livote of the Queens County Commercial Division issued a decision in US Ba… Read More
September 7, 2019 Court Grants Mandatory Injunction Requiring Defendant to Sign Document
On June 21, 2019, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mo… Read More
September 6, 2019 Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
September 5, 2019 Oral Agreement to Pay Employee's Legal Fees Barred by Statute of Frauds to the Extent it Related to Future Litigation
On August 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Co… Read More
September 4, 2019 Purchaser Had Constructive Notice of Easement Even Though Easement Was Not Indexed to Lot
On September 3, 2019, the First Department issued a decision in Akasa Holdings, LLC v. 214 Lafayette… Read More
September 2, 2019 Where Contract Has Choice of Law Provision, Substantive Law of Chosen Jurisdiction Controls Award of Prejudgment Interest
On August 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 1, 2019 That Deadlocked Corporation Continued to Operate at a Profit Not Grounds for Refusing to Dissolve Corporation
On August 22, 2019, the Fourth Department issued a decision in Matter of Cellino v Cellino & Bar… Read More
August 31, 2019 Filing Amended Complaint Did Not Moot Pending Motion to Dismiss
On August 22, 2019, the Fourth Department issued a decision in Paramax Corp. v. VoIP Supply, LLC, 20… Read More
August 30, 2019 Tortious Interference Claim Dismissed on Summary Judgment for Lack of Evidence That Defendant Intended to Cause Breach
On August 22, 2019, the Fourth Department issued a decision in Transpo Bus Servs., LLC v. New York B… Read More
August 29, 2019 Breach of Oral Contract Claim Barred by Statute of Frauds
On August 21, 2019, the Second Department issued a decision in Martin Greenfield Clothiers, Ltd. v. … Read More
August 28, 2019 Corporate Parent Not Liable Under Plaintiff's Employment Agreement With a Subsidiary
On August 16, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
August 27, 2019 Plaintiff That Did Not Sign Contract Lacked Standing to Bring Breach of Contract Claim
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Sp… Read More
August 26, 2019 Court Denies Motion to Compel Because Discovery Sought Not Material and Necessary
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in GC… Read More
August 25, 2019 Complaint Fails Because of Insufficient Affidavit of Service
On August 21, 2019, the Second Department issued a decision in Aurora Loan Servs., LLC v. Revivo, 20… Read More
August 24, 2019 Malpractice Claim Partially Barred by In Pari Delicto Defense
On August 21, 2019, the Second Department issued a decision in Gobindram v. Ruskin Moscou Faltischek… Read More
August 22, 2019 Documents Not Prepared in Anticipation of Litigation Not Entitled to Work-Product Protection
On August 7, 2019, Justice Borrok of the New York County Commerical Division issued a decision in Sp… Read More
August 21, 2019 Client's Failure Timely to Dispute Bills Entitles Law Firm to Summary Judgment on Account Stated Claim
On August 1, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Law… Read More
August 20, 2019 Economic Interest Defense Defeats Tortious Interference Claim
On August 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
August 19, 2019 Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary
On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
August 18, 2019 SLUSA Stay Applies Even in State Court Actions
On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
August 17, 2019 Plaintiff Adequately Alleged Breach of Covenant of Good Faith and Fair Dealing Notwithstanding Clause Granting Defendant Sole Discretion in Taking Certain Action
On July 30, 2019, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
August 16, 2019 Dismissal on Forum Non Conveniens Grounds Does Not Require the Existence of an Alternative Forum
On August 6, 2019, the First Department issued a decision in Primus Pac. Partners 1, LP v. Goldman S… Read More
August 15, 2019 Court Declines to Award Prejudgment Interest on Unjust Enrichment Damages Award
On July 27, 2019, Justice Friedman of the New York County Commercial Division issued a decision in O… Read More
August 14, 2019 Out-of-State Business's Failure to Register in New York Caused it to Lack Standing to Sue
On July 24, 2019 Justice Borrok of the New York County Commercial Division issued a decision in Inte… Read More
August 12, 2019 Attorney's Notice of Appearance Has Same Effect As An Answer for Purposes of Challenging Jurisdiction
On August 7, 2019, the Second Department issued a decision in Mid-Island Mtge. Corp. v. Johnson, 201… Read More
August 11, 2019 Court Need Not Determine Whether There is Personal Jurisdiction Before Dismissing on Forum Non Conveniens Grounds
On August 6, 2019, the First Department issued a decision in Kainer v. UBS AG, 2019 NY Slip Op. 0605… Read More
August 10, 2019 Discovery Sanctions Denied for Failure to Explain in Detail Movant's Efforts to Resolve the Dispute
On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 20… Read More
August 9, 2019 Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties
On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 8, 2019 Alleged Misrepresentation Regarding Future Performance Insufficient to Support Claim for Fraudulent Inducement
On July 8, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in G… Read More
August 7, 2019 Plaintiff Can Bring Suit as Third-Party Beneficiary of Contract
On July 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in HTRF … Read More
August 6, 2019 Law Firm Disqualified; Its Prior Representation of Opposing Party Was Substantially-Related to Current Dispute
On July 12, 2019, Justice Borrok of the New York County Commercial Division issued a decision in NL … Read More
August 5, 2019 Malpractice Claim Dismissed as Premature Because the Harm Arising from the Alleged Malpractice Has Not Yet Occurred
On July 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Y… Read More
August 4, 2019 Party That Fails to Close on Purchase Cannot Later Enforce Right of First Refusal
On July 15, 2019, Justice Schecter of the New York County Commercial Division issued a decision in V… Read More
August 3, 2019 Failure Timely to Move for Default Judgment Leads to Dismissal of Claim
On July 17, 2019, the Second Department issued a decision in U.S. Bank N.A. v. White, 2019 NY Slip O… Read More
August 2, 2019 Allegations That Complaint is Based on False Statement Basis for Judiciary Law Counterclaim
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Gera… Read More
August 1, 2019 Party Waived Right to Arbitrate By Asserting Claims in Litigation
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in WZ U… Read More
July 31, 2019 Plaintiff's Delay in Bringing Suit or Exercising Other Remedies Did Not Waive Right to Sue
On July 3, 2019, Justice Schecter of the New York County Commerical Division issued a decision in Ta… Read More
July 30, 2019 Merger Clause That Lacked Specificity Needed to Bar Fraud Claims
On July 15, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
July 29, 2019 Derivative Action Dismissed for Failure to Make Demand/Adequately Plead Demand Futility
On June 28, 2019, Justice Masley of the New York County Commercial Division issued a decision in Gam… Read More
July 28, 2019 Indenture's No Action Clause Cannot Bar Claim for Unpaid Payments
On July 5, 2019, Justice Masley of the New York County Commerical Division issued a decision in Pala… Read More
July 27, 2019 Court Explains Basis for Calculating Undertaking in Connection With An Injunction
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in East… Read More
July 26, 2019 Expert Report Excluded for Failure to Explain Basis for Opinions
On July 11, 2019, Justice Cohen of the New York County Commercial Division issued a decision in 30-3… Read More
July 25, 2019 Movant's Inability to Find Evidence in its Possession Insufficient Grounds for Renewal
On July 11, 2019, Justice Friedman of the New York County Commercial Division issued a decision in T… Read More
July 24, 2019 Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract
On July 17, 2019, the Second Department issued a decision in Did-it.com, LLC v. Halo Group, Inc., 20… Read More
July 23, 2019 Claim Dismissed as Derivative, Not Direct
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in 600-… Read More
July 22, 2019 Negligence Claim Cannot Be Based on Alleged Failure Adequately to Perform Contractual Duties
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Corn… Read More
July 21, 2019 Party Not Entitled to Fees on Fees
On July 8, 2019, Justice Scapulla of the New York County Commercial Division issued a decision in Pa… Read More
July 20, 2019 Shareholders Did Not Breach Duty to Company by Operating Competing Companies
On July 10, 2019, the Second Department issued a decision in Laffey v. Laffey, 2019 NY Slip Op. 0552… Read More
July 17, 2019 Common Interest Privilege Does Not Apply to Merger Transaction
On July 9, 2019, the First Department issued a decision in Telx-New York, LLC v. 60 Hudson Owner LLC… Read More
July 16, 2019 When There is Question Regarding Whether a Party Signed Agreement With Arbitration Clause, Question of Arbitrability is for Court, Not Arbitrator, to Decide
On June 27, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Sur… Read More
July 15, 2019 Fraud Claims Not Duplicative of Malpractice Claims
On June 27, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 14, 2019 Shareholders and Directors Not Liable for Breach of Company's Contractual Obligations
On June 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Town… Read More
July 13, 2019 Efforts to Mitigate Losses Did Not Affirm Contract After Breach
On July 2, 2019, the First Department issued a decision in Lantau Holdings Ltd. v. Orient Equal Intl… Read More
July 12, 2019 Legal Malpractice Claim Fails Without Allegations of Damages
On July 2, 2019, the First Department issued a decision in Miami Capital, LLC v. Hurwitz, 2019 NY Sl… Read More
July 11, 2019 Court Refuses to Impose PSLRA Stay on Securities Act Action Pending in Commercial Division
On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in M… Read More
July 10, 2019 Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney's Fees
On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Sli… Read More
July 9, 2019 Corporate Defendant's Mail Delivery Problems Not Basis for Vacating Default Judgment
On June 17, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fis… Read More
July 8, 2019 Policy Notices Submitted by Defendant Insurer Not 3211(a)(1) Documentary Evidence
On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. … Read More
July 7, 2019 Court Grants Specific Performance of Contract Because of Difficulty in Enforcing Judgment on Defendants' Foreign Assets
On June 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
July 6, 2019 Party Ordered to Pay Opponent's Cost of Compelling Discovery As Sanction for Failing to Obey Discovery Orders
On June 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in Bor… Read More
July 5, 2019 Commercial Division Justice Will Not Stay First-Filed Securities Act Case in Favor of Later-Filed Action in SDNY
On June 21, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in H… Read More
July 4, 2019 Party's Failure to State its Intent to Perform a Contract can Demonstrate Repudiation
On June 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Coo… Read More
July 3, 2019 Conviction Relating to Bribery of Defendant Does Not Bar Suit as a Matter of Law
On June 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision in A… Read More
July 2, 2019 Qui Tam Claim Not Subject to Particularity Requirements of CPLR 3106
On June 20, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in S… Read More
July 1, 2019 Failure to Give Required Notice Doomed Indemnification Claim
On June 24, 2019, Justice Risi of the Queens County Commercial Division issued a decision in Quantum… Read More
June 29, 2019 Subsequent Agreement Reducing Tenant's Rent Obligations Insufficient to Discharge Guarantor's Obligations Under Initial Contract
On June 18, 2019, the First Department issued a decision in SpringPrince, LLC v. Elie Tahari, Ltd., … Read More
June 28, 2019 Protected Purchaser Provision of UCC 8-303 Does Not Defeat Claims
On June 18, 2019, the First Department issued a decision in Black Diamond Capital Mgt., LLC v. Oppen… Read More
June 27, 2019 Communications Seeking Legal Advice Through Third-Parties Privileged
On June 18, 2019, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer,… Read More
June 26, 2019 Client Can Seek to Recoup Fees Paid to Counsel that had an Alleged Conflict of Interest
On June 19, 2019, the Second Department issued a decision in Baugher v. Cullen & Dykman, LLP, 20… Read More
June 25, 2019 Claim Barred by Election of Remedies
On June 13, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Infe… Read More
June 24, 2019 Court Refuses to Vacate Arbitration Award for Manifest Disregard of the Law
On June 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Wern… Read More
June 23, 2019 Non-Client Adequately Alleged Fiduciary Duty Claims Against Law Firm
On June 11, 2019, the First Department issued a decision in Devlin v. Greenberg Traurig, LLP, 2019 N… Read More
June 22, 2019 Changing a Draft Contract Proffered by Counterparty Extinguishes Offered Contract and Represents a Counteroffer
On June 13, 2019, the First Department issued a decision in Brown v. Cerberus Capital Mgt., L.P., 20… Read More
June 21, 2019 GBL 13 Claim for Malicious Service of Process on the Sabbath Dismissed for Lack of Allegations of Malice
On May 28, 2019 Justice Knipel of the Kings County Commercial Division issued a decision in Hargrove… Read More
June 20, 2019 Group Pleading Renders Fraud Claim Insufficient
On June 7, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Arent… Read More
June 19, 2019 Court Denies Default Judgment for Lack of Evidence Supporting Plaintiff's Claim
On June 6, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in St… Read More
June 16, 2019 Justice Friedman Updates Part Rules
Justice Marcy S. Friedman of the New York County Commercial Division recently updated her individual… Read More
June 15, 2019 Remedy for Motion Court's Refusal to Sign Order to Show Cause is Appeal, Not Re-submission to a Different Judge
On June 12, 2019, the Second Department issued a decision in Cypress Hills Mgt., Inc. v. Lempenski, … Read More
June 14, 2019 Continuous Representation Doctrine Allegations Insufficient to Save Professional Malpractice Claims
On June 3, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in B… Read More
June 13, 2019 Court Should Have Vacated Note of Issue Where Discovery Not Complete
On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng'g &a… Read More
June 13, 2019 Apparent Authority Created by Acts of the Principal, Not the Agent
On April 16, 2019, Justice Grays of the Queens County Commercial Division issued a decision in 45-34… Read More
June 12, 2019 Court Refused to Void Contract Because of Economic Duress
On June 4, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Sn… Read More
June 11, 2019 Public Policy Does Not Bar Indemnification for Prior Criminal Acts
On June 3, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Ar… Read More
June 10, 2019 Trademark Cannot be the Subject of a Conversion Claim
On May 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kim … Read More
June 9, 2019 Appellants Who Were Not Parties to Arbitration Waived Right to Challenge Award
On June 6, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman,… Read More
June 8, 2019 Despite Alleged Participation of New York Parties in Fraud, New York Found to be Inconvenient Forum
On June 4, 2019, the First Department issued a decision in Rodionov v Redfern, 2019 NY Slip Op. 0432… Read More
June 7, 2019 Tortious Interference Claim Fails When Defendants' Actions Motivated by Self-Interest and Other Economic Considerations
On June 5, 2019, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LL… Read More
June 6, 2019 Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended
On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo W… Read More
June 5, 2019 Action Properly Dismissed in Favor of Prior Pending Action
On May 29, 2019, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Luxama, 201… Read More
June 3, 2019 Defendant Fails to Overcome Presumption of Proper Service
On May 29, 2019, the Second Department issued a decision in Wells Fargo Bank, NA v. Burshstein, 2019… Read More
June 2, 2019 Non-Party May Appeal if it is Aggrieved By the Order Appealed From
On May 30, 2019, the First Department issued a decision in Mutual Benefits Offshore Fund, Ltd. v. Ze… Read More
June 1, 2019 Landlord Changing Locks Constitutes Eviction
On May 30, 2019, the First Department issued a decision in Mauray Realty Co. v. Advantage Plastics, … Read More
May 29, 2019 Agreement for a Referral Fee for Sale of Company's Shares Inapplicable to Sale of Company's Assets
On May 28, 2910, the First Department issued a decision in Sassoon v. CDx Diagnostics, Inc., 2019 NY… Read More
May 27, 2019 Court Dismisses Claims, Enforcing No Damages for Delay Clause
On May 23, 2019, the First Department issued a decision in Welsbach Elec. Corp. v. Judlau Contr., In… Read More
May 26, 2019 Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission
On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 040… Read More
May 24, 2019 Court Excuses Late Filing of Affidavit of Service
On May 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fur… Read More
May 23, 2019 Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Stea… Read More
May 22, 2019 Being Listed on the NYSE Insufficient to Confer Personal Jurisdiction
On May 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
May 21, 2019 Court Rejects Economic Duress Claim
On May 6, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kaye… Read More
May 20, 2019 Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 51… Read More
May 19, 2019 Based on FINRA Rules, Court Declines to Order Class Action Arbitration
On May 15, 2019, the Second Department issued a decision in Rutella v. National Sec. Corp., 2019 NY … Read More
May 18, 2019 Party Asserting Lack of Service as an Affirmative Defense Must Move for Judgment on that Defense Within 60 Days of Answering
On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op… Read More
May 17, 2019 Where Company Lacked a Principal Place of Business in Any One State, its Residence For Purposes of the Borrowing Statute Was Its State of Incorporation
On May 9, 2019, the First Department issued a decision in Interventure 77 Hudson LLC v. Falcon Real… Read More
May 16, 2019 Court Appoints Receiver to Perform Long-Delayed Winding Up
On April 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision in T… Read More
May 15, 2019 Joining Co-Defendants' Motion to Dismiss Tolled Party's Time to Answer
On May 2, 2019, the First Department issued a decision in Levine v Singal, 2019 NY Slip Op. 03438, … Read More
May 14, 2019 Disclaimers Protect Publisher From Liability for Alleged Inaccuracies in Treatise
On May 2, 2019, the First Department issued a decision in Himmelstein, McConnell, Gribben, Donoghue… Read More
May 13, 2019 List of Witnesses to be Interviewed Not Privileged
On May 2, 2019, the First Department issued a decision in Gottwald v. Sebert, 2019 NY Slip Op. 0347… Read More
May 12, 2019 Fraud in the Inducement Claim Not Duplicative of Breach of Contract Claim
On May 1, 2019, the Second Department issued a decision in 260 Mamaroneck Ave., LLC v. Guaraglia, 2… Read More
May 11, 2019 Unjust Enrichment Claim Dismissed for Failure to Aledge How the Defendant Was Unjustly Enriched
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ta… Read More
May 10, 2019 Justice Platkin Analyzes Enforcement of Forum Selection Clauses
On April 17, 2019, Justice Platkin of the Albany County Commercial division issued a decision in New… Read More
May 9, 2019 Contract Term Waiving Right to Seek Yellowstone Injunction Enforceable
On May 7, 2019, the Court of Appeals issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 20… Read More
May 7, 2019 Fraudulent Inducement Counterclaim Dismissed for Failure to Allege Out-of-Pocket Damages
On April 12, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
May 6, 2019 Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy
On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 5, 2019 Defendant Waives Standing Defense By Failing to Raise it in Answer or Motion to Dismiss
On March 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Fra… Read More
April 30, 2019 Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution
On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip … Read More
April 29, 2019 Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity
On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip … Read More
April 28, 2019 Court Upholds Unfair Competition Claim Based on Theft of Trade Secrets
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in We… Read More
April 27, 2019 Conduct Amounting to Nothing More than Common Business Practice Cannot Be Basis for Aiding and Abetting Breach of Fiduciary Duty Claim
On April 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 26, 2019 Questions of Fact Preclude Decision on Whether Tenant Held-Over By Leaving Office Furniture and Equipment in Premisis
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ro… Read More
April 25, 2019 Plaintiff has no Property Interest in Likeness Outside Civil Rights Law
On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jo… Read More
April 24, 2019 Questions of Fact Preclude Dismissal on Litigation Privilege Grounds of Claim Based on Defendant's Alleged Pre-Ligitation Defamatory Statement
On March 25, 2019, Justice Masley of the New York County Commercial Division issued a decision in P… Read More
April 23, 2019 Contract With Specific Term Not Renewed by Course of Conduct
On March 27, 2019, Justice Masley of the New York County Commercial Division issued a decision in M… Read More
April 22, 2019 Partnership Tax Returns Were Not Dispositive Evidence of Plaintiff's Status as a Partner
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
April 21, 2019 Anticipatory Repudiation Claim Dismissed For Failure Unequivocally to Allege a Refusal Further to Perform
On April 2, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 20, 2019 Court Grants Default Judgment; No Good Cause Shown for Failure Timely to Answer
On March 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
April 19, 2019 Court Cannot Rule on Whether Dispute is Arbitrable When Agreement Explicitly Assigns That Task to the Arbitrator
On March 26, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
April 18, 2019 Non-Signatory Bound By Forum Selection Clause
On March 26, 2019, Justice Masley of the New York County Commercial Divsion issued a decision in Kl… Read More
April 16, 2019 Failure to Seek Default Judgment Within One Year of Default Results in Dismissal of Claims
On March 13, 2019, Justice Knipel of the Kings County Commercial Division issued a decision in Matte… Read More
April 15, 2019 Court Analyzes Application of Saving Statue to Case That had Been Transferred Multiple Times
On March 25, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Fed… Read More
April 14, 2019 First Department Affirms Order Remanding Arbitration to New Arbitrator
On April 11, 2019, the First Department issued a decision in Policy Admin. Solutions, Inc. v. QBE Ho… Read More
April 12, 2019 Contra Proferentem Doctrine Does Not Apply When Contract is Unambiguous and the Parties are Sophisticated
On April 2, 2019, the First Department issued a decision in Churchill Real Estate Holdings LLC v. C… Read More
April 11, 2019 Counsel Waived Privilege by Forwarding E-mail Chain Containing Privileged Conversations to Opponent
On March 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
April 10, 2019 Questions of Fact Preclude Dismissal of Criminal Usury Defense
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in E… Read More
April 9, 2019 Oral Agreement to Sell Securities Enforceable Even if it Cannot Be Performed Within a Year
On March 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 8, 2019 Contractual Disclaimers Barred Fraud Claim
On March 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 7, 2019 Claimed Deception Among Jewelry Wholesales Supported General Business Law 349 Claim Because Alleged Fraud Ultimately Harmed Public
On March 18, 2019, Justice Scarpulla of the New York County Commercial Divsion issued a decision in… Read More
April 6, 2019 Statute of Frauds Bars Claim for Fee in Connection with Finding a Business Opportunity
On March 27, 2019, the Second Department issued a decision in Best Global Alternative, Ltd. v. FCIC… Read More
April 5, 2019 Defendant Waived Defense of Lack of Jurisdiction By Engaging in Significant Activity in the Action
On March 27, 2019, the Second Department issued a decision in HSBC Bank USA, N.A. v. Taub, 2019 NY … Read More
April 4, 2019 That Defendant Caused Plaintiff to Breach Contract With Third Party Cannot Be Basis of Tortious Interference Claim
On March 22, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust Co… Read More
April 3, 2019 Court Declines to Issue Declaratory Judgment on Default; Hearing Necessary
On March 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in W… Read More
April 2, 2019 Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in B… Read More
April 1, 2019 Single, Pre-Contract, Meeting and Telephone and E-mail Communications Insufficient to Establish Personal Jurisdiction in New York
On March 18, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 31, 2019 Fraud Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim
On March 19, 2019, the First Department issued a decision in Ohm NYC LLC v. Times Sq. Assoc. LLC, … Read More
March 30, 2019 Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts
On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros… Read More
March 29, 2019 Questions of Fact Preclude Dismissal of Gross Negligence Claim
On March 12, 2019, the First Department issued a decision in S.A. De Obras y Servicios, COPASA v. B… Read More
March 28, 2019 Fraud Claim Dismissed for Failure to Allege Who Made Misrepresentation and Where, When and How it was Made
On March 12, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
March 27, 2019 Claims Relating to Injury to LLC Permissible Direct Claims When They Also Relate to Separate Injury to Plaintiff
On March 12, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
March 26, 2019 Court Denies Motion to Dismiss Malpractice Claim Relating to Settlement Despite Plaintiff's Allocution to the Settlement Terms
On March 7, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ro… Read More
March 25, 2019 Once Claim on Principal is Time-Barred, Suit to Recover Post-Maturity Interest on Principal is Time-Barred as Well
On March 21, 2019, the Court of Appeals issued a decision in Ajdler v. Province of Mendoza, 2019 NY … Read More
March 24, 2019 Lack of Retainer Agreement Does Not Bar Counsel from Recovering For Work on Account Stated Theory
On March 12, 2019, the First Department issued a decision in Carling v. Peters, 2019 NY Slip Op. 01… Read More
March 23, 2019 Non-Signatories Not Bound by Agreement to Arbitrate
On February 25, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 22, 2019 Judicial Estoppel Bars Defendant From Taking Factual Position Different From That Taken in Earlier Actions or Proceedings
On February 28, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
March 21, 2019 Contract Claim Dismissed for Lack of Damages
On February 27, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 20, 2019 Court Grants Forum Non Conveniens Motion
On February 28, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 19, 2019 Common Law Indemnification Claims Dismissed For Lack of Vicarious Liability or Fault
On March 1, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
March 18, 2019 No Yellowstone Injunction Where Tenant Cannot Cure Breach of Lease
On March 5, 2019, the First Department issued a decision in Bliss World LLC v. 10 W. 57th St. Realty… Read More
March 17, 2019 Business Valuation Not Protected by Attorney-Client Privilege
On February 28, 2019, the Third Department issued a decision in Galasso v. Cobleskill Stone Prods.,… Read More
March 16, 2019 Claim Time-Barred Because it Was Not Assigned to Plaintiff Until After Statute of Limitations Had Run
On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019… Read More
March 15, 2019 Lease's Rent Credit Provision Unenforceable Penalty
On February 28, 2019, the First Department issued a decision in Free People of PA LLC v. Delshah 60… Read More
March 14, 2019 Qualified Privilege Bars Defamation Claim
On February 26, 2019, the First Department issued a decision in L.Y.E. Diamonds, Ltd. v. Gemological… Read More
March 13, 2019 Attorney Fee Provision Entitling Plaintiff to Fees Equaling One Third of Award Unenforceable
On February 20, 2019, Justice Cohen of the New York County Commercial Division issued a decision in… Read More
March 12, 2019 Stipulation to Support Class Action Settlement Unenforceable
On February 14, 2019, the First Department issued a decision in Cohen v. Saks Inc., 2019 NY Slip O… Read More
March 11, 2019 Court Clarifies Rules Regarding Accrual of RMBS "Failure to Notify" Put-Back Claims
On February 15, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
March 10, 2019 Defendant Waived Lack of Personal Jurisdiction Defense By Bringing Earlier, Related Action
On February 19, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 9, 2019 Defendant Granted Default Judgment on its Counterclaims Against Plaintiff
On February 8, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
March 8, 2019 Claims Not Barred by Collateral Estoppel or Res Judicata Because They Had Not Matured When First Action Brought
On February 13, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
March 7, 2019 Action Dismissed For Failure Timely to Serve Summons and Complaint
On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More
March 6, 2019 Claim Barred by Voluntary Payment Doctrine
On November 8, 2018, Justice Garguilo of the Suffolk County Commercial Division issued a decision in… Read More
March 5, 2019 Defamation Claim Dismissed; Alleged Defamatory Statements Subject to Qualified Privilege
On February 20, 2019, the Second Department issued a decision in Udeogalanya v. Kiho, 2019 NY Slip … Read More
March 4, 2019 Plaintiff Did Not Waive Privilege; Subpoena to Plaintiff's Counsel Should Have Been Quashed
On February 21, 2019, the First Department issued a decision in Henneberry v. Borstein, 2019 NY Sli… Read More
March 3, 2019 Tortious Interference Based on Defamation Must be Pleaded With Particularity
On February 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 2, 2019 Notice of Lease Renewal Ineffective Because Not Timely Sent
On February 12, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 1, 2019 Remedies Bar Prevented Holders of Subordinated Debt From Suing Debtor
On February 14, 2019, the First Department issued a decision in J-Bar Reinforcement, Inc. v. Crest H… Read More
February 28, 2019 First Department Affirms Discovery Sanction
On February 26, 2019, the First Department issued a decision in Transasia Commodities Inv. Ltd. v. N… Read More
February 27, 2019 Party That Did Not Sign Contract Can Invoke Contract's Forum Selection Clause Based on Close Relationship With Signatory
On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
February 26, 2019 Dissolved Corporation Can Bring Claim as Part of its Winding Up
On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 25, 2019 Court Appoints Temporary Receiver Over Deadlocked Corporation
On January 31, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
February 24, 2019 Lack of Consideration Defense Even to Unconditional Guaranty
On February 19, 2019, the First Department issued a decision in Moon 170 Mercer, Inc. v. Vella, 20… Read More
February 23, 2019 Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee
On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 … Read More
February 22, 2019 RMBS Trustee's Failure to Give With Notice to Cure Within Limitations Period Does Not Bar Trustee from Curing Failure and Refiling Suit
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
February 21, 2019 Fraud Claim Not Duplicative of Contract Claim Because it Was Alleged Misrepresentation Made Before Contract and Was Collateral to It
On February 5, 2019, the First Department issued a decision in Dynamic-Hakim, LLC v. Maloney, 2019 … Read More
February 20, 2019 RMBS Trustee's Untimely-Filed Complaint Cannot Relate Back to Certificateholder's Suit on Behalf of Trust, Which Was Barred by Trust's No Action Clause
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
February 19, 2019 Trade Secret Misappropriation Claim Dismissed for Failure Adequately to Describe the Alleged Trade Secrets
On February 5, 2019, the First Department issued a decision in Schroeder v. Cohen, 2019 NY Slip Op.… Read More
February 18, 2019 Even Though Home Improvement Contract Was Unenforceable for Failure to Provide Required Notice, Plaintiff Still Could Recover Value of Work Performed
On February 8, 2019, the Fourth Department issued a decision in Weiss v. Zellar Homes, Ltd., 2019 N… Read More
February 17, 2019 Fraud Claim Dismissed for Failure to Show Out-of-Pocket Damages
On February 8, 2019, the Fourth Department issued a decision in Southwestern Invs. Group, LLC v. JH … Read More
February 16, 2019 Prompt Payment Act's Arbitration Provisions Make Contract's Agreement to Litigate Disputes Covered by the Act Unenforceable
On January 30, 2019, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
February 15, 2019 Mechanic's Lien Unenforceable Because it Was Not Timely Filed
On January 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
February 14, 2019 A Lawyer's Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More
February 13, 2019 Account Stated Claim Fails Without Evidence that Defendant Received Invoices and Did Not Object Within a Reasonable Time
On December 4, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Si… Read More
February 12, 2019 Third-Party Complaint Improper When Third-Party Defendants Not Liable for all or Part of Plaintiff's Claims Against Defendant
On December 12, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Ru… Read More
February 12, 2019 Conspiracy to Breach Fiduciary Duty Claim Properly Dismissed for Failure to Allege Facts Relating to Acts in Support of Conspiracy
On February 1, 2019, the Fourth Department issued a decision in Cohen & Lombardo, P.C. v. Conno… Read More
February 11, 2019 Letter of Intent Binding Contract Requiring Parties to Negotiate and Consummate Sale Transaction
On January 28, 2019, Justice Ash of the Kings County Commercial Division issued a decision in A.J. … Read More
February 10, 2019 Plaintiff Allowed to Correct Caption When It Mistakenly Sued Under Incorrect Name
On January 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
February 9, 2019 Justices Scarpulla and Schecter Updates Part Rules
Justices Saliann Scarpulla and Jennifer Schecter of the New York County Commercial Division recently… Read More
February 8, 2019 Causes of Action for Books and Records Inspection Dismissed for Lack of Business Purpose
On January 31, 2019, the First Department issued a decision in Austin v. Gould, 2019 NY Slip Op. 00… Read More
February 7, 2019 Mixed Result Meant that Neither Plaintiff Nor Defendant Was Prevailing Party for Award of Attorneys' Fees Purposes
On January 31, 2019, the First Department issued a decision in Blue Sage Capital, L.P. v. Alfa Lava… Read More
February 6, 2019 Partnership Not Entitled to Recover Fees from Derivative Action Plaintiff When Security for Fees Not Posted
On January 31, 2019, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2019 N… Read More
February 5, 2019 Liquidated Damages Clause Found to be Unenforceable Penalty
On January 29, 2019, the First Department issued a decision in Trustees of Columbia Univ. in the Ci… Read More
February 4, 2019 Insurance Broker Liable for Negligence in Preparing Application
On January 25, 2019, Justice Bucaria of the Nassau County Commercial Division issued a decision in … Read More
February 3, 2019 Upcoming Arguments in the Court of Appeals in February 2019
Upcoming argument in the Court of Appeals in February 2019 that may be of interest to commercial lit… Read More
February 2, 2019 Second Department Affirms Jury's Lost Profits Damage Award
On January 23, 2019, the Second Department issued a decision in East Hampton Union Free Sch. Dist. … Read More
February 1, 2019 Complaint Found to State Aiding and Abetting Fraud Claim Against Law Firm
On January 24, 2019, the First Department issued a decision in Gansett One, LLC v. Husch Blackwell, … Read More
January 31, 2019 Failure to Serve Order to Show Cause as Directed Jurisdictional Defect
On January 23, 2019, the Second Department issued a decision in Boucan NYC Café, LLC v. 467 Rogers… Read More
January 30, 2019 Court Imposes Constructive Trust Over Proceeds of Fraud
On January 10, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Kliba… Read More
January 29, 2019 Party That Benefited from Agreement With Arbitration Provision Bound by That Provision
On January 18, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 27, 2019 Transcripts and Videos of Arguments in the Court of Appeals for January 2019 Now Available
On December 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
January 26, 2019 Party Waived Right to Arbitrate By Suing Rather Than Moving to Compel Arbitration
On January 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
January 25, 2019 Disrespectful and Disproportionate Treatment of Female Shareholder Oppression Justifying Dissolution Under BCL
On January 9, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in Matter… Read More
January 24, 2019 Undertaking Related to Injunction Released Because There Was No Finding That Plaintiff Was Not Entitled to Injunction
On January 16, 2019, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,… Read More
January 23, 2019 New York Choice of Law Provision Enforceable Even Though Contract Not Connected to New York
On January 9, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 22, 2019 Shareholder Fails to Meet Standard for Corporate Dissolution
On January 10, 2019, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
January 21, 2019 Even Though Contract Gave the Defendant Discretion to Calculate Losses on Sale, it Was Required to Exercise That Discretion Reasonably
On January 17, 2019, the First Department issued a decision in Lehman Bros. Intl. (Europe)(in admin… Read More
January 20, 2019 Appeal of Preliminary Injunction Moot Because Act Sought to be Enjoined Already Occurred
On January 17, 2019, the First Department issued a decision in AmBase Corp. v. Spruce Capital Partne… Read More
January 19, 2019 Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve
On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FC… Read More
January 18, 2019 Delay Not Fatal to Motion to Amend
On November 14, 2018, Justice Grays of the Queens County Commercial Division issued a decision in E… Read More
January 17, 2019 Court Rejects Defense That Arbitration Agreement Was Signed Under Duress
On January 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 16, 2019 Subcontractor Prevails on Lien Law Claim
On January 9, 2019, the Second Department issued a decision in C.C.C. Renovations, Inc. v. Victoria… Read More
January 15, 2019 Court Grants Summary Judgment in Lieu of Complaint on Notes
On January 2, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 14, 2019 Contract Term Shortening Statute of Limitations Must Be Clear, Unambiguous, Reasonable and Fair
On December 13, 2017, Justice Paris of the Onondaga County Commercial Division issued a decision in … Read More
January 13, 2019 Defendant Denied Dismissal of Tortious Interference Claim Based on Economic Interest Defense
On January 8, 2019, the First Department issued a decision in Normandy Real Estate Partners LLC v. … Read More
January 12, 2019 Reassignment to Different Justice Does Not Affect Effect of Prior Justice's Rulings
On January 8, 2019, the First Department issued a decision in R&R Capital LLC v. Merritt, 2019 … Read More
January 11, 2019 Breach of Fiduciary Duty Claim Dismissed Under Business Judgment Rule
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 10, 2019 Court Imposes Preclusion Sanction on Defendant for Spoliation of Evidence
On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
January 9, 2019 Questions of Fact Preclude Summary Judgment on Claim for Deletion of Work in Construction Contract
On December 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 8, 2019 Questions of Fact Preclude Dismissal Regarding Whether Plaintiff's Reliance on Alleged Misrepresentations Was Reasonable
On December 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision… Read More
January 7, 2019 Tortious Interference Claim Dismissed on Summary Judgment
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 6, 2019 Court Erred in Dismissing GBL Section 349 Claim
On January 3, 2019, the Third Department issued a decision in Belair Care Ctr., Inc. v. Cool Insurin… Read More
January 5, 2019 Justices Borrok and Cohen Post Part Rules
Newly-assigned New York County Commercial Division Justices Andrew Borrok and Joel M. Cohen have pos… Read More
January 4, 2019 Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment
On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 3, 2019 Action Dismissed for Failure Timely to Serve Defendants
On December 17, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 2, 2019 Belated Complaint About Invoice Does Not Defeat Account Stated Claim
On November 1, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in … Read More
January 1, 2019 Theft of Trade Secret Claims Dismissed Because Information Was Disclosed to the Public
On December 11, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Corp… Read More
December 31, 2018 Memorandum of Understanding Found to be Unenforceable Agreement to Agree in the Future on Terms Rather Than Binding Contract
On December 20, 2018, the Third Department issued a decision in Doller v. Prescott, 2018 NY Slip Op… Read More
December 30, 2018 Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier
On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance… Read More
December 29, 2018 Written Agreement Requirement of CPLR 2104 Does Not Apply to Pre-Litigation Settlements
On November 8, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in W… Read More
December 28, 2018 Upcoming Arguments in the Court of Appeals in January 2019
Upcoming arguments in the Court of Appeals in January 2019 that may be of interest to commercial lit… Read More
December 27, 2018 Court Dismisses Action, Enforcing Forum Selection Clause
On December 14, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
December 26, 2018 Idea Misappropriation Claims Dismissed on Summary Judgment for Lack of Novelty
On December 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
December 25, 2018 Defendant Did Not Waive Attorney-Client Privilege
On December 13, 2018, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone… Read More
December 24, 2018 Option Unenforceable Due to Unreasonable Delay in Exercising It
On December 12, 2018, the Second Department issued a decision in Breslin v. Frankel, 2018 NY Slip O… Read More
December 23, 2018 Court Affirms Order Dissolving Corporation Whose Shareholders Were Deadlocked
On December 12, 2018, the Second Department issued a decision in Matter of ANO, Inc. v. Goldberg, … Read More
December 22, 2018 Court Refuses to Consider Parol Evidence in Interpreting Document Granting Easement
On December 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 21, 2018 Defendant Ratified Settlement Agreement By Accepting Benefits Despite Failure to Satisfy Express Condition
On December 13, 2018, the First Department issued a decision in GEM Holdco, LLC v. RDX Tech. Corp., … Read More
December 20, 2018 Questions of Fact Preclude Summary Judgment on Mutual Mistake Claim
On December 11, 2018, the First Department issued a decision in Securitized Asset Funding 2011-2, Lt… Read More
December 19, 2018 Discharge in Bankruptcy Does Not Accelerate Mortgage Debt
On November 19, 2018, Justice Karalunas of the Onondaga County Commercial Division issued a decision… Read More
December 17, 2018 Contract's Liquidated Damages Clause Held to be an Unenforceable Penalty
On November 30, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 16, 2018 Disclaimers of Representations Not Specific Enough to Bar Fraud Claim
On November 19, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
December 15, 2018 Common-Law Indemnification Unavailable to Defendant Seeking a Recovery for its Own Wrongdoing
On November 30, 2018, Justice Sherwood of the New York County Commercial division issued a decision … Read More
December 14, 2018 Break in Representation Bars Attempt to Toll Statute of Limitations Under Continuous Representation Doctrine
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 13, 2018 Fraud Claim Survives Despite Failure to Differentiate Between Acts of Different Defendants
On December 4, 2018, the First Department issued a decision in 47-53 Chrystie Holdings LLC v. Thuan… Read More
December 12, 2018 Court Lacks Subject Matter Jurisdiction Over Claim Against Foreign Bank By Non-Resident
On November 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 11, 2018 Court Enforces Contract Clause Limiting Damages
On November 29, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 10, 2018 Doctrine of Respondeat Superior Imposes Liability on Employer, Not Supervisor
On November 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 9, 2018 Fraud Claim Dismissed Because Plaintiff's Alleged Reliance Was Not Reasonable
On November 28, 2018, Justice Schecter of the New York County Commercial Division issued a decision … Read More
December 8, 2018 Court Refuses to Vacate Arbitral Award for Arbitrator Bias
On November 28, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
December 7, 2018 Defendants Cannot Avoid Summary Judgment on Contract Claim by Arguing Oral Modification
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 6, 2018 Movant Need Not Prove Willful and Contumacious Conduct to Prevail on Civil Contempt Motion
On December 5, 2018, the Second Department issued a decision in Palmieri v. Town of Babylon, 2018 NY… Read More
December 5, 2018 Mere Theory as to the Board's Misconduct Insufficient to Plead Demand Futility With Particularity
On November 15, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
December 4, 2018 Plaintiff Liable to Defendant on Defendant's Counterclaim Based on Facts Pleaded in the Complaint
On November 26, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 3, 2018 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed rule "[e]nhanc[ing] at… Read More
December 2, 2018 Labor Law Provision Allowing Employees to Sue General Contractor as Third-Party Beneficiaries Trumps Contract's No Third-Party Beneficiary Clause
On November 27, 2018, the First Department issued a decision in Wroble v. Shaw Envtl. & Infrast… Read More
December 1, 2018 Court Stays Lawsuit in Favor of Earlier-Filed Federal Class Action
On November 14, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 30, 2018 Plaintiff Without Interest in Land Cannot File Lis Pendens
On November 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 29, 2018 Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract
On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
November 28, 2018 Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal
On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleu… Read More
November 27, 2018 Plaintiff Not Entitled to Stay of Arbitration
On November 27, 2018, the First Department issued a decision in New 110 Cipriani Units, LLC v. Board… Read More
November 27, 2018 Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbit… Read More
November 26, 2018 Joint Venture's Controlling Shareholder Liable for Aiding and Abetting Manager's Breach of Fiduciary Duty
On October 22, 2018, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
November 25, 2018 Court Erred in Vacating Order Discontinuing Action
On November 21, 2018, the Second Department issued an opinion in IndyMac Bank, FSB v. Izzo, 2018 NY … Read More
November 24, 2018 Plaintiff Without Interest in Land Cannot File Lis Pendens
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in M… Read More
November 23, 2018 Parties That Signed Agreement on Behalf of Non-Existent Entities Personally Bound By Contract
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in O… Read More
November 22, 2018 Contractor Working for Tenant Allowed to Place a Lien on Landlord's Property
On November 20, 2018, the Court of Appeals issued a decision in Ferrara v. Peaches Cafe LLC, 2018 NY… Read More
November 21, 2018 Plaintiff Should Have Been Granted Yellowstone Injunction
On November 20, 2018, the First Department issued a decision in 106 Spring St. Owner LLC v. Workspac… Read More
November 20, 2018 Court Finds Pooling and Servicing Agreement to be Ambiguous, Orders Discovery
On November 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 19, 2018 Allegations of Duress Insufficient to Overcome Voluntary Payment Doctrine
On November 15, 2018, the First Department issued a decision in Beltway 7 & Props., Ltd. v. Blackroc… Read More
November 18, 2018 General Release Bars Claim Relating to Settled Claims
On November 7, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 17, 2018 Valuation Prepared as Part of Joint Venture's Break Up Not Privileged
On November 9, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 16, 2018 City Department of Finance Not Entitled to Two Percent Payment Fee On Abandoned Funds Transferred to Comptroller
On October 25, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
November 15, 2018 Award of Lost Profits Upheld
On November 9, 2018, the Fourth Department issued a decision in Henderson Harbor Mariners' Mar., In… Read More
November 14, 2018 Because Court Allowed Plaintiff to Amend Complaint, Court Erred in Deciding Summary Judgment Motion Before Defendant Answered Amended Complaint
On November 7, 2018, the Second Department issued a decision in R&G Brenner Income Tax Consulta… Read More
November 13, 2018 Fraud Claim Dismissed Because of Sophisticated Investor's Lack of Due Diligence
On October 29, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 12, 2018 Dismissal With Prejudice of Federal Securities Law Claims Does Not Bar Common Law Fraud Claims
On October 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 11, 2018 Plaintiff Asserting Derivative Claims Must be Represented by Counsel
On November 1, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 10, 2018 Minority Shareholders Must Give Other Shareholders an Opportunity to Buy Their Shares
On October 24, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
November 9, 2018 Corporate Officer May Be Held Liable for Corporation's Conversion
On October 31, 2018, the Second Department issued a decision in Starr Indem. & Liab. Co. v. Glo… Read More
November 8, 2018 Waiver of Right to Proceed Against Debtor Did Not Waive Right to Enforce Guaranty
On October 31, 2018, the Second Department issued a decision in Pitsy, LLC v. Rindenow, 2018 NY Sli… Read More
November 7, 2018 Legal Malpractice Claim Properly Dismissed as Time-Barred
On October 30, 2018, the First Department issued a decision in Brean Murray, Carret & Co. v. Mor… Read More
November 6, 2018 Action Dismissed Because GBL 130 Violation Was Not Curable
On October 30, 2018, the First Department issued a decision in Robert v. Ringerjeans, LLC, 2018 NY… Read More
November 5, 2018 Court Enforces No Damages for Delay Clause in Construction Contract
On October 22, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 4, 2018 Party Sanctioned for Excessive Attorneys' Eyes Only Designations
On October 18, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 3, 2018 Court Appoints Receiver Over Judgment Debtor's Property
On October 15, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 1, 2018 Proceeding to Compel Arbitration Cannot be Initiated Until Opponent Begins Litigation
On October 16, 2018, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
October 31, 2018 Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims
On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 3256… Read More
October 30, 2018 Court Allows Defendant to File an Answer 600 Days Late
On October 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 29, 2018 Complaint Withstands Motion to Dismiss Based on In Pari Delicto/Illegality Defense
On October 22, 2018, Justice Fisher of the Kings County Supreme Court issued a decision in Juan Carl… Read More
October 28, 2018 Compliance with No-Action Clauses Excused in Suit Against RMBS Trustee
On October 18, 2018, the First Department issued a decision in Blackrock Balanced Capital Portfolio … Read More
October 27, 2018 Plaintiff Denied Summary Judgment on Note Because of Question of Fact Regarding Whether Note Was Part of an Illegal Fee-Splitting Agreement
On October 17, 2018, the Second Department issued a decision in Linchitz Practice Mgt., Inc. v. Daa… Read More
October 26, 2018 First Department Affirms Conditional Order Striking Complaint
On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Ei… Read More
October 26, 2018 Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law
On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in N… Read More
October 25, 2018 Recognition of Alleged Loans on Partnership Books Raises Issues of Fact Regarding Statute of Limitations Precluding Dismissal
On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
October 24, 2018 Allegations of Conspiracy to Breach Contract Do Not Bar Tortious Interference Claim
On October 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
October 23, 2018 Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester … Read More
October 22, 2018 Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
October 22, 2018 Saying "So Sue Me" Did Not Trigger Duty to Preserve Evidence
On September 28, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 21, 2018 Claim for Commission on Real Estate Purchase Dismissed: Plaintiff Did Not Establish That He Was the Procuring Cause of the Transaction
On October 2, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
October 20, 2018 Allegation that Defendant Rendered New York Business Insolvent Through Fraudulent Transfer Sufficient to Establish Personal Jurisdiction
On October 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 19, 2018 New York Law Applied to Question of Whether Tort Claims Passed to Belgian Assignee
On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanl… Read More
October 18, 2018 Tortious Interference Claim Cannot Relate to a Contract that is Terminable at Will
On October 5, 2018, the Fourth Department issued a decision in American Recycling & Mfg. Co., In… Read More
October 17, 2018 Levy Can Be Extended if Motion to Extend is Made Before its Original Expiration Date
On September 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 16, 2018 Arbitration Provision in Later-Signed U-4 Form Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement
On October 2, 2018, the First Department issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (U… Read More
October 15, 2018 When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return
On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie,… Read More
October 14, 2018 Contractual Right to Take Actions Cannot Shield Fiduciary From Breach of Fiduciary Duty Claim if Fiduciary Acted in Bad Faith
On September 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 13, 2018 Fact Questions Regarding Whether Contract Breach Was So Material As to Justify Rescission Preclude Summary Judgment
On September 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
October 12, 2018 Court Rejects Claims for Common Law Indemnification and Contribution
On September 25, 2018, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 11, 2018 Intention Not to Perform Contract Cannot Be Basis of Fraudulent Inducement Claim
On September 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 10, 2018 Shareholder Has Standing to Sue Corporation's Counsel for Malpractice
On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 9, 2018 Levy Does Not Expire After 90 Days if a Special Proceeding is Commenced Before the 90 Days Has Run
On September 21, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 8, 2018 No Appeal From Default Judgment; Appellant Should Have Moved to Vacate and Appealed The Denial
On September 28, 2018, the Fourth Department issued a decision in Montanaro v. Weichert, 2018 NY Sl… Read More
October 7, 2018 Upcoming Arguments in the Court of Appeals in October 2018
Upcoming argument in the Court of Appeals in October 2018 that may be of interest to commercial liti… Read More
October 6, 2018 Transcripts and Videos of Arguments in the Court of Appeals for September 2018 Now Available
On August 25, 2018, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
October 5, 2018 Court Denies Motion to Change Venue
On September 18, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 4, 2018 Defendant May Not Move to Dismiss Claims Against Other Defendants
On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 2, 2018 Partnership Not Terminable at Will if Partnership Agreement Provides Otherwise
On September 25, 2018, the First Department issued a decision in Wiener v. Weissman, 2018 NY Slip Op… Read More
October 1, 2018 Breach of Contract Claim Properly Dismissed for Lack of Evidence of Damages
On September 27, 2018, the First Department issued a decision in FranPearl Equities Corp. v. 24 W. 2… Read More
September 30, 2018 Where There is a Fiduciary Relationship, the Beneficiary Has a Right to an Accounting
On September 26, 2018, the Second Department issued a decision in Webster v. Forest Hills Care Ctr.,… Read More
September 29, 2018 Court Erred in Vacating Arbitral Award; High Standard for Manifest Disregard of the Law Not Met
On September 27, 2018, the First Department issued a decision in Matter of Daesang Corp. v. NutraSwe… Read More
September 27, 2018 Court Grants Plaintiff Judgment on Contract Claim Despite Lack of Damages
On August 21, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in C… Read More
September 26, 2018 Parties Should Have Been Allowed to Intervene on Eve of Summary Judgment Motions
On September 19, 2018, the Second Department issued a decision in Roman Catholic Diocese of Brookly… Read More
September 25, 2018 Time is of the Essence Letter Found Ineffective
On September 19, 2018, the Second Department issued a decision in Rodrigues NBA, LLC v. Allied XV,… Read More
September 24, 2018 Officer Not Liable For Contract Signed on Behalf of Company
On September 13, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 23, 2018 Former LLC Manager's Claims Regarding His Removal Must be Arbitrated
On September 17, 2018, Justice Schecter of the New York County Commercial Division issued a decision… Read More
September 22, 2018 Court Dismisses Claim for Equitable Accounting
On September 5, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 21, 2018 Claims Barred by Release
On September 12, 2018, the Second Department issued a decision in Miller v. Brunner, 2018 NY Slip … Read More
September 20, 2018 Court Declines to Dismiss Double-Derivative Action
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 19, 2018 Court Grants Adverse Inference on Summary Judgment for Assertion of Fifth Amendment Rights
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 18, 2018 No New York Personal Jurisdiction Over Student Loan Trust Trustee That Engaged New York Counsel
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 17, 2018 Shareholder Need Not Hold Share Certificates to Have Right to Assert Derivative Claims
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 16, 2018 Motion for Reargument Denied for Failure to Attach Prior Order and Papers
On August 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 15, 2018 Common Interest Privilege Covers Later Exchange of Privileged Documents Created Before the Privilege Existed
On August 30, 2018, Justice Schecter of the New York County Commercial Division issued a decision on… Read More
September 14, 2018 Plaintiff Allowed to Amend Complaint in Anticipation of Trial
On August 31, 2018, Justice Schecter of the New York Country Commercial Division issued a decision o… Read More
September 13, 2018 Failure to Pay Wages Cannot Be Basis of Labor Law Sec. 193 Claim for Improper Withholding of Wages
On August 22, 2018, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
September 12, 2018 Unjust Enrichment Claim Survives Dismissal Because of Questions of Fact Regarding Whether Contract Covers Claims
On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 11, 2018 Justices Masley, Sherwood and Paris Update Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
September 10, 2018 Court Threatens Contemnor With Arrest if He Does Not Purge the Contempt
On August 14, 2018, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
September 9, 2018 Court Refuses to Dismiss Common Law Dissolution Action Even Though Shareholder Lacked Standing to Bring Statutory Dissolution Action
On August 15, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 8, 2018 BCL §1312 Does Not Bar Action By Foreign Corporation That Did Not Do Business in New York
On August 14, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Radian… Read More
September 7, 2018 Court Dismisses Action to Dissolve LLC in Light of High Burden for LLC Dissolution Actions
On August 15, 2018, Justice Scarpulla issued a decision in Yu v. Guard Hill Estates, LLC, 2018 NY Sl… Read More
September 6, 2018 Action for Specific Performance of Real Estate Sales Contract Dismissed; Purchaser Was Not Ready, Willing and Able to Purchase on Closing Date
On August 22, 2018, the Second Department issued a decision in 130 Third St. Loft, LLC v. HKF, Inc.,… Read More
September 5, 2018 Dismissal for Failure to Prosecute Vacated for Failure to Give Required Notice
On August 22, 2018, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Bast… Read More
September 4, 2018 Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller… Read More
September 3, 2018 Proposed Amendment Fails to Allege a Joint Venture
On August 16, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 2, 2018 Negligent Supervision Claim Dismissed For Lack of Allegations of Prior Knowledge
On August 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 1, 2018 Common Law Dissolution Denied; No Evidence of Misconduct or Oppression
On August 22, 2018, the Fourth Department issued a decision in Feldmeier v. Feldmeier Equip., Inc., … Read More
August 31, 2018 Fraud Claim Dismissed for Lack of Reasonable Reliance
On August 15, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 30, 2018 Allegations of Account Stated Insufficient to Support Summary Judgment in Lieu of Complaint
On August 20, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 29, 2018 Court Declines to Dismiss Action Brought By Summons With Notice On Ground That it Was Insufficiently Detailed
On August 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2018 Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff's Exclusive Possession
On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Hor… Read More
August 27, 2018 Letter Agreement Binding Even Though it Envisioned a Further, More Formal Agreement
On August 10, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Vi… Read More
August 26, 2018 Town's Promissory Estoppel Claim Against LIPA Fails
On August 16, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in T… Read More
August 25, 2018 Upcoming Arguments in the Court of Appeals in September 2018
Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial l… Read More
August 24, 2018 Court Refuses to Vacate Arbitral Award Despite Respondent's Claim That She Did Not Receive Notice of Arbitration
On August 13, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
August 23, 2018 Judiciary Law Sec. 487 Claim Dismissed for Failure to Allege Intent to Deceive
On August 15, 2018, the Second Department issued a decision in Bill Birds, Inc. v. Stein Law Firm, P… Read More
August 22, 2018 Duress Defense Put Party's Communications With Counsel at Issue, Waiving Privilege
On August 5, 2018, Justice Nowak of the Erie County Commercial Division issued a decision in Jones v… Read More
August 21, 2018 Injunction Denied for Lack of Irreparable Harm; Money Damages Sufficient
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 20, 2018 Claims Barred by Contract's One-Year Limitations Period to Make Claims
On August 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 19, 2018 Court Orders Selective Redaction Rather Than Sealing
On August 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
August 18, 2018 Plaintiff Had Standing to Bring Proceeding to Dissolve LLC
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 17, 2018 Court Upholds Breach of Duty of Care Claim Against Trustee
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 16, 2018 Court Sanctions Litigant for Frivolous Litigation, Including Awarding Attorneys' Fees for Defending Frivolous Claims
On August 1, 2018, Justice Ramos of the New York County Commercial Division issued a decision in Cit… Read More
August 15, 2018 Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute
On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 14, 2018 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
August 13, 2018 Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding
On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 12, 2018 Fraud Claim Dismissed as Duplicative of Contract Claim: No Separate Damages Alleged
On August 6, 2018, Justice Masley of the New York County Commercial Division issued a decision in TJ… Read More
August 11, 2018 Court Reviews Law Governing Contract Interpretation on Summary Judgment
On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
August 10, 2018 Common Interest Privilege Barred Disclosure of Documents
On August 9, 2018, the First Department issued a decision in 21st Century Diamond, LLC v. Allfield T… Read More
August 9, 2018 Alleged Incompetent Project Management Does Not Excuse Enforcement of No Damages for Delay Clause
On August 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 8, 2018 Court Rejects Impossibility Defense Based on Change in Taxi Medallion Market
On July 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
August 7, 2018 Court Dismisses Third-Party Claim Seeking a Declaratory Judgment
On July 30, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 6, 2018 Party Waives Work Product Protection By Voluntarily Producing Documents to SEC
On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ant… Read More
August 5, 2018 Right to Appeal Decision on Summary Judgment Motion Terminated by Entry of Final Judgment
On August 1, 2018, the Second Department issued a decision in Emigrant Bank v. Wang Real Property, L… Read More
August 4, 2018 Appellate Division Refuses to Consider Legal Question Raised for the First Time on Appeal
On August 1, 2018, the Second Department issued a decision in Colonial Sur. Co. v. Advanced Conserva… Read More
August 3, 2018 Motion to Amend Brought at Close of Discovery Untimely
On July 24, 2018, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
August 2, 2018 Fraud Claim Held Untimely Even Under Two-Year Discovery Rule
On July 23, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Esse… Read More
August 1, 2018 Accounting Denied For Lack of Fiduciary or Confidential Relationship
On July 25, 2018, the Second Department issued a decision in Lake Overlook Partners, LLC v. Sosa, 20… Read More
July 31, 2018 Court Erred in Granting Summary Judgment on Dismissing Plaintiff's Claims Where Defendant Only Moved for Judgment on its Counterclaims
On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. … Read More
July 30, 2018 Dissolution Under BCL 1104 Unavailable to Owner of 49 Percent of Voting Stock
On July 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 29, 2018 Court Refuses to Order Deposition of Trial Counsel
On July 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 28, 2018 Defense Waived Because Not Asserted in Answer
On July 16, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
July 27, 2018 Provision Requiring Exercise of Reasonable Discretion Precludes Acting Arbitrarily, Irrationally, or Without Reasonable Basis
On July 18, 2018, the Second Department issued a decision in Grandfeld II, LLC v. Kohl's Department … Read More
July 26, 2018 No Waiver Clause Precludes Claim of Waiver Based on Prior Course of Conduct
On July 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
July 25, 2018 Questions of Fact Regarding Reasonableness of Calculations Under ISDA Master Agreement Preclude Summary Judgment
On July 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Le… Read More
July 24, 2018 Breach of Fiduciary Duty Claim Dismissed on Summary Judgment for Lack of Damages
On July 10, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
July 23, 2018 New Joint Appellate Division Practice Rules Change Time to Perfect Appeal in First Department From Nine Months to Six
The new Appellate Division Practice Rules (22 NYCRR Part 1250), which come into effect on September … Read More
July 22, 2018 Party's Death Stays Action and Orders Issued When Stay Should Have Been in Effect Are Void
On June 28, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Vizzini v… Read More
July 21, 2018 Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds
On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in A… Read More
July 20, 2018 Claim Based on Alter Ego Theory Survives Motion to Dismiss
On July 2, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
July 19, 2018 Plaintiff Sanctioned For Attempting to Relitigate Previously Decided Claims in New York Against Defendants Over Which Court Had No Jurisdiction
On July 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in K… Read More
July 18, 2018 Court Refuses to Enforce Attorney Fee-Sharing Agreement
On July 5, 2018, the Second Department issued a decision in Ballan v. Sirota, 2018 NY Slip Op. 05014… Read More
July 17, 2018 Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close
On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterpri… Read More
July 16, 2018 No Personal Jurisdiction Over Defendant Because Original Critical Events Did Not Take Place in New York
On July 3, 2018, the First Department issued a decision in Deutsche Bank AG v. Vik, 2018 NY Slip Op.… Read More
July 15, 2018 Integration Clause Bars Contract Claim Based on Alleged Oral Modification of Mortgage Documents
On June 26, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 14, 2018 Court Finds Claims Timely Under Fiduciary Tolling Doctrine
On June 27, 2018, Justice Schecter of the New York County Commercial Division issued a decision in M… Read More
July 13, 2018 Allocution of Settlement Terms on the Record Not Binding Settlement Agreement Because it Contemplated Agreement on Other Terms and Was Subject to Documentation
On July 5, 2018, the First Department issued a decision in Weksler v. Weksler, 2018 NY Slip Op. 0497… Read More
July 12, 2018 Derivative Claims Fail for Failure Adequately to Plead Demand Futility
On July 5, 2018, the First Department issued a decision in Epstein v. Ruane, Cunniff & Goldfarb Inc.… Read More
July 11, 2018 Justices Scarpulla and Jamieson Update Part Rules
Justice Saliann Scarpulla of the New York County Commercial Division recently updated her individual… Read More
July 11, 2018 Tortious Interference Claim Upheld; Defendant Did Not Establish Economic Interest Defense as a Matter of Law
On July 5, 2018, the First Department issued a decision in Normandy Real Estate Partners LLC v. 24 E… Read More
July 10, 2018 Employees Who did not Sign Agreement in Their Individual Capacities Nevertheless Entitled to Enforce Arbitration Provision
On July 3, 2018, the First Department issued a decision in Huntsman International LLC v. Albemarle C… Read More
July 9, 2018 State Qui Tam Action Dismissed Because Allegations Were Based on Public Information
On June 28, 2018, the First Department issued a decision in State of New York ex rel. Rasmusen v. Ci… Read More
July 8, 2018 Fraud Claim Does Not Invalidate Arbitration Provision Unless Fraud Relates to That Provision
On June 27, 2018, the Second Department issued a decision in Zafar v. Fast Track Leasing, LLC, 2018 … Read More
July 7, 2018 Crime-Fraud Exception Does Not Apply to Challenged Privilege Claims
On June 21, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ken… Read More
July 6, 2018 Mandatory Injunction Properly Denied Because There Were No Extraordinary Circumstances
On June 28, 2018, the First Department issued a decision in Spectrum Stamford, LLC v. 400 Atlantic T… Read More
July 5, 2018 Court Examines Rules Relating to Impleader in Complex Cases
On May 14, 2018, Justice Marcy Friedman of the New York County Commercial Division issued a Decision… Read More
July 4, 2018 Insurance Law 3105 Does Not Relieve RMBS Insurer of Obligation to Plead All Elements of Common Law Fraud Claim
On June 27, 2018, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Hom… Read More
July 3, 2018 Receiver May Be Liable For Distributing Funds In Violation Of Order; Lack Of Knowledge Immaterial Because Order Was E-Filed
On May 24, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in K… Read More
July 2, 2018 Court Should Have Transferred Case; Plaintiff Failed to Show That Chosen Venue Was Proper
On June 27, 2018, the Second Department issued a decision in Patiwana v. Shah, 2018 NY Slip Op. 0474… Read More
July 1, 2018 Court Rejects Unsigned Agreement Offered as Documentary Evidence Under 3211(a)(1)
On June 18, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in T… Read More
June 30, 2018 Court Upholds Common Interest Privilege Claim Relating to Documents That Did Not Relate Solely to Contemplation or Prosecution of Litigation
On June 21, 2018, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.P. … Read More
June 29, 2018 FTC Rule Does Not Preempt General Business Law Claims Against Broadband Providers
On June 21, 2018, the First Department issued a decision in People v. Charter Communications, Inc., … Read More
June 28, 2018 Breach of Fiduciary Claim Reinstated; it Was Not Duplicative of Contract Claim Because it Sought Separate and Distinct Relief
On June 20, 2018, the Second Department issued a decision in Slocum Realty Corp. v. Schlesinger, 201… Read More
June 27, 2018 Unjust Enrichment Claim Fails For Lack of Relationship Between Plaintiff and Defendant
On June 20, 2018, the Second Department issued a decision in Crescimanni v. Trovato, 2018 NY Slip Op… Read More
June 26, 2018 First Department Sanctions Appellant $10,000 for Making Frivolous Argument
On June 21, 2018, the First Department issued a decision in Matter of Del Monaco v. Diamond, 2018 NY… Read More
June 25, 2018 Insolvent Party's Transfer of Property to Insider Not Improper Where Insider is Secured Creditor
On June 19, 2018, Justice Schecter of the New York County Commercial Division issued a decision in E… Read More
June 24, 2018 Court Refuses to Dissolve LLC, Holding That Members' Disputes Were Insufficient to Justify Dissolution
On June 11, 2018, Justice Dufficy of the Queens County Commercial Division issued a decision in Matt… Read More
June 23, 2018 Answer Stricken as Sanction for Spoliation of Evidence
On June 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kamc… Read More
June 22, 2018 Statute of Frauds Exception for Contract to Pay Lawyer for Negotiating Sale of Business Does Not Require Attorney-Client Relationship
On June 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in W… Read More
June 21, 2018 Fraud Claim Dismissed as Duplicative of Contract Claim
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Bo… Read More
June 20, 2018 Borrowing Statute Applies When Contract Provides That it Will be Enforced According to New York Law
On June 12, 2018, the Court of Appeals issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Cor… Read More
June 19, 2018 Veil Piercing Claims Should Have Been Dismissed
On June 12, 2018, the First Department issued a decision in Shawmut Woodworking & Supply, Inc. v. AS… Read More
June 18, 2018 Inducing a Client to Switch Lawyers Cannot be Basis of Tortious Interference Claim
On June 6, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Go… Read More
June 17, 2018 Transcripts and Videos of Arguments in the Court of Appeals for June 2018 Now Available
On May 19, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in … Read More
June 16, 2018 Court Dismisses Claim, Enforcing No Damages for Delay Clause
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Sc… Read More
June 15, 2018 Martin Act Claims are Subject to Three-Year Statute of Limitations
On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, … Read More
June 14, 2018 Denial of Lease Renewal Option not an Unjust Forfeiture
On June 7, 2018, the First Department issued a decision in Robert B. Jetter, M.D., PLLC v. 737 Park … Read More
June 13, 2018 Plaintiff Not Prejudiced by Amendment to Answer
On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Le… Read More
June 12, 2018 Whether Trade Confirmation is Enforceable Agreement is Question of Fact
On June 7, 2018, the First Department issued a decision in Seaport Global Securities LLC v SB Group … Read More
June 11, 2018 City Damaged By Breach of Contract Even Though Mitigation Costs Paid by Federal Government
On June 7, 2018, the First Department issued a decision in City of New York v. Eastern Shipbuilding … Read More
June 10, 2018 Justice Schecter Posts Part Rules
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently pos… Read More
June 9, 2018 Civil Conspiracy Claim Survives When it is Tied to an Alleged Tort
On May 30, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Pa… Read More
June 7, 2018 Court Rejects 3211(a)(7) Motion That Relied on Documentary Evidence
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Te… Read More
June 6, 2018 Court Excuses Failure to Perform Condition Precedent to Bringing Suit
On June 5, 2018, the First Department issued a decision in Danco Electrical Contractors, Inc. v. Dor… Read More
June 5, 2018 Party Cannot Enforce Estoppel Certificates it Accepted Knowing that the Representations Were Not True
On June 5, 2018, the First Department issued a decision in Aerotek, Inc. v. 757 3rd Ave. Associates,… Read More
June 4, 2018 Insurance Broker Liable for Failure to Obtain Coverage
On May 17, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in 1015 70… Read More
June 3, 2018 Plaintiff Survives Summary Judgment on Quantum Meruit Claims Relating to Chinese Arena Football
On May 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Y… Read More
June 2, 2018 Plaintiff Cannot Avoid Arbitration Absent Allegations of Fraud Relating Specifically to Inclusion of Arbitration Clause
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Cu… Read More
June 1, 2018 Rejecting Official Exchange Rate, Court Finds That There is a Question of Fact Regarding Proper Exchange Rate Between Venezuelan Bolivars and US Dollars
On May 29, 2018, Justice Crane of the New York County Supreme Court issued a decision in Diaz v. Gal… Read More
May 31, 2018 Court Rejects Bid to Submit Expert Report a Year Late
On May 18, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in N… Read More
May 30, 2018 Communications With Press Agents Not Privileged
On May 29, 2018, the First Department issued a decision in Gottwald v. Sebert, 2018 NY Slip Op. 0381… Read More
May 28, 2018 Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference
On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip… Read More
May 27, 2018 Misstatements in Court Documents That Were Not Material and a Single Act of Deceit Insufficient Basis for Malicious Prosecution Claim
On May 22, 2018, the First Department issued a decision in Shawe v. Elting, 2018 NY Slip Op. 03644, … Read More
May 26, 2018 Justices Hudson and Garugilo Update Part Rules
Justice James Hudson of the Suffolk County Commercial Division recently updated his part rules. Just… Read More
May 25, 2018 Breach of Contract Action Barred by Contract's Mandatory Mediation Provision
On May 24, 2018, the First Department issued a decision in Korangy v. Malone, 2018 NY Slip Op. 03767… Read More
May 24, 2018 Order Vacating Default Judgment Reversed and Remanded for Traverse Hearing on Service
On May 17, 2018, the First Department issued a decision in Noah Bank v. Hudson Produce, Inc., 2018 N… Read More
May 23, 2018 Summary Judgment Inappropriate Where Conflicting Inferences Can be Drawn from Evidence and Issues of Credibility Exist
On May 16, 2018, the Second Department issued a decision in UB Distributors, LLC v. S.K.I. Wholesale… Read More
May 22, 2018 Court Erred in Considering Extrinsic Evidence in Interpreting an Unambiguous Agreement
On May 16, 2018, the Second Department issued a decision in World Ambulette Transportation, Inc. v. … Read More
May 21, 2018 Court Of Appeals Rejects “Avoided Costs” As Proper Measure Of Damages For Misappropriation Of Trade Secrets
On May 3, 2018, the Court of Appeals issued an opinion, E.J. Brooks Co. v Cambridge Sec. Seals, 2018… Read More
May 20, 2018 Derivative Action Dismissed for Failure to Plead Demand or Demand Futility
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Gla… Read More
May 19, 2018 Upcoming Arguments in the Court of Appeals in June 2018
Upcoming argument in the Court of Appeals in June 2018 that may be of interest to commercial litigat… Read More
May 18, 2018 Unjust Enrichment Claim Dismissed Because Contracts Governed Claims
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Pre… Read More
May 17, 2018 Justice Walsh Posts Part Rules
Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently pos… Read More
May 16, 2018 Transcripts and Videos of Arguments in the Court of Appeals for April/May 2018 Now Available
On April 29, 2018, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
May 15, 2018 Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
May 14, 2018 Justice Kornreich to Retire; Justice Schecter to Take Over Her Part
The Commercial Division has announced that: After many years of judicial service, the Honorable Shir… Read More
May 13, 2018 Court Dismisses Claim Based on Theory That Defendant Was a Third-Party Beneficiary of Contract
On May 7, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Lab… Read More
May 12, 2018 IAS Court Did Not Err in Striking Defendants' Pleadings as a Discovery Sanction
On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 034… Read More
May 11, 2018 Amendment to Name Defendant Did Not Relate Back to Date of Original Complaint
On May 3, 2018, the First Department issued a decision in Markov v. Stack's LLC (Delaware), 2018 NY … Read More
May 10, 2018 Claim Dismissed for Being "Conclusory and Lacking in Factual Specificity"
On May 3, 2018, the First Department issued a decision in Publications International, Ltd. v. Phoeni… Read More
May 9, 2018 New York Does Not Recognize "Holder Claims"
On April 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 8, 2018 Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants
On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring … Read More
May 7, 2018 Failure to Use Contract's Pre-Suit Dispute Resolution Process Dooms Claim
On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Syst… Read More
May 6, 2018 Transcripts and Videos of Arguments in the Court of Appeals for April 2018 Now Available
On April 7, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in… Read More
May 5, 2018 Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators
On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Foo… Read More
May 4, 2018 CLE Program: The "How To" of Successful Motion Practice: Practical Advice & Tips
On May 23, 2018, Schlam Stone & Dolan partner John Lundin will chair a CLE program at the New Yo… Read More
May 3, 2018 Specific Performance on Real Estate Contract Inappropriate Where No Evidence of Plaintiff's Ability to Close
On April 18, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Silversh… Read More
May 3, 2018 Justice Risi Posts Part Rules
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his … Read More
May 2, 2018 Whether Signature on Agreement Containing Arbitration Clause Was Forged is for Court to Determine
April 25, 2018, the Second Department issued a decision in Alam v. Uddin, 2018 NY Slip Op. 02763, ho… Read More
May 1, 2018 First Department Reaffirms Doctrine of Personal Jurisdiction Based on Acts of Co-Conspirators
On April 26, 2018, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v… Read More
April 30, 2018 Arbitral Award Vacated Based on Failure to Disclose that Arbitrator Was Party's Fact Witness and Was Under Indictment
On April 26, 2018, the First Department issued a decision in Policy Administration Solutions, Inc. v… Read More
April 29, 2018 Upcoming Arguments in the Court of Appeals in April/May 2018
Upcoming argument in the Court of Appeals in April/May 2018 that may be of interest to commercial li… Read More
April 28, 2018 Filing Interpleader Action Rather Than Choosing Which Claimant Was Entitled to Funds Not a Breach of Contract
On April 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 27, 2018 Choice of New York Law Provision Does Not Make Compliance With New York Statutory Law a Contractual Requirement
On April 26, 2018, the Court of Appeals issued a decision in Skanska USA Bldg. Inc. v. Atlantic Yard… Read More
April 26, 2018 Parties Waived Contract's Choice of Law Provision By Arguing New York Law Rather than Chosen Law
On April 13, 2018, Justice Masley of the New York County Commercial Division issued a decision in Du… Read More
April 25, 2018 Whether Metes and Bounds Description, Street Address or Tax Lot Numbers Determines What Property is Encumbered by Mortgage is a Question of Fact
On April 18, 2018, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Zhan Hua … Read More
April 24, 2018 Plaintiffs Waived Right to Arbitrate By Initiating Lawsuit
On April 17, 2018, the First Department issued a decision in Black Rhino Investments LLC v. Wilson, … Read More
April 23, 2018 Written Acknowledgment of Debt by Agent of Party Can Extend Statute of Limitations
On April 17, 2018, the First Department issued a decision in Nelux Holdings Intl., N.V. v. Dweck, 20… Read More
April 22, 2018 Fraudulent Inducement Claim Dismissed on Summary Judgment for Lack of Reasonable Reliance
On April 9, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 21, 2018 Conversion Claim Cannot be Based on Deleting E-Mail Absent Evidence That No Copies Remained
On April 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 20, 2018 Law Office Error Excused; Motion to Compel Plaintiff to Accept Answer Granted
On April 12, 2018, the First Department issued a decision in Naber Electric v. Triton Structural Con… Read More
April 19, 2018 Fraudulent Inducement Claim Against Lawyer Upheld; Client Was Reasonable in Relying on Counsel Rather Than Reading Agreement Closely
On April 10, 2018, the First Department issued a decision in Suttongate Holdings Ltd. v. Laconm Mana… Read More
April 18, 2018 Fraudulent Conveyance Claim Dismissed For Failure to Plead with Particularity
On April 10, 2018, the First Department issued a decision in Carlyle, LLC v. Quik Park 1633 Garage L… Read More
April 17, 2018 Continuous Representation Doctrine Applies Only to Representations Specifically Related to the Malpractice Claim
On April 12, 2018, the First Department issued a decision in Davis v. Cohen & Gresser, LLP, 2018 NY … Read More
April 16, 2018 Sexual Harassment of Employees is Not a Breach of an Executive's Fiduciary Duties to His Employer
On April 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 15, 2018 Counterclaims for Mutual Mistake and Unilateral Mistake Survive Summary Judgment
On April 3, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 14, 2018 Theft of Trade Secrets Claim Dismissed for Failure to Allege Wrongful Means
On April 3, 2018, the First Department issued a decision in BGC Partners, Inc. v. Avison Young (Cana… Read More
April 13, 2018 New York Not Inconvenient Forum Despite Dispute Having Much Stronger Connection to China
On April 5, 2018, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L… Read More
April 12, 2018 "Notwithstanding" Clause Trumps Potentially Contradictory Contract Provision
On April 5, 2018, the First Department issued a decision in Veneto Hotel & Casino, S.A. v. German Am… Read More
April 11, 2018 Oral Fee-Sharing Agreement With At-Will Employee Not Barred by Statute of Frauds
On April 5, 2018, the First Department issued a decision in Goldfarb v. Romano, 2018 NY Slip Op. 024… Read More
April 10, 2018 Court Cannot Consider Affirmative Defenses in Deciding Judgment by Default for Non-Appearance
On April 4, 2018, the Second Department issued a decision in Power Up Lending Group, Ltd. v. Cardina… Read More
April 9, 2018 Transcripts and Videos of Arguments in the Court of Appeals for March 2018 Now Available
On February 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
April 9, 2018 Claim for Common Law Indemnification Must Be Based on an Agent's Negligence, Not Breach of Contract
On March 29, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 8, 2018 Subcontractor's Breach of Liquidating Agreement Claim Against General Contractor Upheld
On March 28, 2018, the Second Department issued a decision in Rad & D'Aprile, Inc. v. Arnell Constru… Read More
April 7, 2018 Upcoming Arguments in the Court of Appeals in April/May
Upcoming argument in the Court of Appeals in April 2018 that may be of interest to commercial litiga… Read More
April 6, 2018 Guest Post: Data Show Cases in the Commercial Division Are Taking Longer to Resolve
This is the second in a series of posts presenting a quantitative description of the Commercial Divi… Read More
April 5, 2018 Defendant Waived Personal Jurisdiction Defense by Not Moving to Dismiss Within 60 Days of Answer
On March 28, 2018, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Cajas, 2018 … Read More
April 4, 2018 Close Friendship Insufficient to Create Fiduciary Relationship
On March 29, 2018, the First Department issued a decision in Benzies v. Take-Two Interactive Softwar… Read More
April 3, 2018 Computer-Generated Avatar May Constitute a "Portrait" Within the Meaning of Civil Rights Law Article 5
On March 29, 2018, the Court of Appeals issued a decision in Lohan v. Take-Two Interactive Software,… Read More
April 2, 2018 Contract Claim Based on Exchange of E-Mails Should Be Allowed to Go Forward
On March 29, 2018, the Court of Appeals issued a decision in Kolchins v. Evolution Markets, Inc., 20… Read More
April 1, 2018 Court Lacks Jurisdiction to Decide Motions Filed After Action Voluntarily Discontinued
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Nemir… Read More
March 31, 2018 Court Vacates Stipulation of Discontinuance Without Prejudice and Reinstates Claim Against Former Defendant
On March 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
March 30, 2018 Plaintiff Prevails on Money Had and Received Claim; Statutory Presumption of Joint Account Ownership Did Not Apply
On March 23, 2018, the Fourth Department issued a decision in Sweetman v. Suhr, 2018 NY Slip Op. 021… Read More
March 29, 2018 Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewa… Read More
March 28, 2018 Minority Discount Properly Applied When Valuing Minority Holder's Share of Ongoing Partnership
On March 27, 2018, the Court of Appeals issued a decision in Congel v Malfitano, 2018 NY Slip Op. 02… Read More
March 27, 2018 Motion to Amend Denied Because of Undue Delay
On March 9, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 26, 2018 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
March 25, 2018 Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because Condition Precedent For Suing on Note Not Met
On March 16, 2018, the Fourth Department issued a decision in Hogan v. Iskalo Off. Holdings III LLC,… Read More
March 24, 2018 If Mortgage Commitment Letter is Revoked, Question of Whether Mortgage Contingency Applies Depends on Reasons for Revocation
On March 16, 2018, the Fourth Department issued a decision in Md3 Holdings, LLC v. Buerkle, 2018 NY … Read More
March 23, 2018 Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant's Tenancy
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 20… Read More
March 22, 2018 Estate of Deceased LLC Member Lacked Standing to Bring Derivative Claims
On February 22, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 21, 2018 One In-Person Meeting in New York and E-mail and Phone Communications Sufficient Basis for Personal Jurisdiction
On February 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 20, 2018 Counsel Disqualified Because of Representation in Prior Related Action
On March 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Dollinger… Read More
March 19, 2018 Salesperson Supervised by a Broker Can Make Claim for Commission Based on Oral Contract
On February 20, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 18, 2018 Specific Forum Selection Clause in Broker's Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4
On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 16, 2018 First Department Declines to Bar Appeal Under the Fugitive Disentitlement Doctrine
On March 8, 2018, the First Department issued a decision in Gem Holdco, LLC v. Changing World Tech.,… Read More
March 15, 2018 Defendant Liable for Converting Money Belonging to Plaintiffs Even Though the Possession Was Only Temporary
On March 6, 2018, the First Department issued a decision in 135 Bowery LLC v. Beach Channel Shoppers… Read More
March 14, 2018 Internet Providers' Claims of Access Speed "Up To" A Certain Number Can Be Subject of Fraud Claim if They Cannot Achieve That Speed
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 13, 2018 Fair Report Privilege Bars Defamation Claim Against Law Firm
On February 16, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
March 12, 2018 Purchase Agreement is Documentary Evidence Despite Being Redacted
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 11, 2018 Commercial Negligence Claims Dismissed Because Defendant Had No Duty to Plaintiff
On February 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
March 10, 2018 Court Denies Stay Despite Necessary Party Being Bankrupt
On February 6, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
March 9, 2018 Alleged Oral Contract Not Void for Lack of Consideration
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
March 8, 2018 Proposed Amended Complaint Fails to Meet High Burden for Interference with Business Relations Claim
On February 8, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
March 7, 2018 Dismissal of Action for Failure to File Note of Issue Affirmed
On March 1, 2018, the First Department issued a decision in Austin v. Gould, 2018 NY Slip Op. 01404,… Read More
March 6, 2018 Plaintiff's Claims Tolled During Pendency of Earlier Federal Action
On February 22, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
March 5, 2018 Counterclaims Entitled to Benefit of Relation-Back Doctrine
On February 23, 2018, Justice Scarpulla of the New York County issued a decision in Sharbat v. AGS C… Read More
March 4, 2018 Libel Claim Based on Press Release Relating to Ongoing Litigation Dismissed
On March 1, 2018, the First Department issued a decision in FCRC Modular, LLC v. Skanska Modular LLC… Read More
March 3, 2018 Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract's Jury Waiver
On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Spor… Read More
March 2, 2018 Transcripts and Videos of Arguments in the Court of Appeals for February 2018 Now Available
On January 15, 2018, we noted seven cases of interest from the oral arguments before the Court of Ap… Read More
March 1, 2018 Court Of Appeals Holds That Res Judicata Effect Of Federal Judgment Extends To Unasserted Compulsory Counterclaims
On February 20, 2018, a divided Court of Appeals decided Paramount Pictures Corp. v. Allianz Risk Tr… Read More
February 28, 2018 Upcoming Arguments in the Court of Appeals in March
Upcoming argument in the Court of Appeals in March 2018 that may be of interest to commercial litiga… Read More
February 27, 2018 Indenture Trustee Can Bring Claims to Recover Losses Incurred by all Noteholders from Unpaid Notes
On February 20, 2018, the Court of Appeals issued a decision in Cortlandt St. Recovery Corp. v. Bond… Read More
February 26, 2018 Second Department Holds That Yellowstone Remedy Can Be Waived In A Commercial Lease
On January 31, 2018, the Second Department issued a decision in 159 MP Corp. v. Redbridge Bedford, L… Read More
February 24, 2018 Claim for Referral Fees Barred by Statute of Frauds
On February 6, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 23, 2018 All Risk Insurance Policy Did Not Cover Loss From Returning Property to Its Rightful Owner
On February 13, 2018, the First Department issued a decision in Dae Assoc., LLC v. AXA Art Ins. Corp… Read More
February 22, 2018 Shareholder's Failure to Help Run Company No Basis for Reducing His Shareholding
On February 13, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 21, 2018 Derivative Action Dismissed for Failure to Plead Demand Futility With Particularity
On February 13, 2018, the First Department issued a decision in Retirement Plan for Gen. Empls. of t… Read More
February 20, 2018 Defendant Not Required to Produce Tax Returns
On February 15, 2018, the First Department issued a decision in Weingarten v. Braun, 2018 NY Slip Op… Read More
February 19, 2018 Non-Party Properly Held in Contempt for Violating Stipulation and Order of Which He Had Knowledge
On February 6, 2018, the First Department issued a decision in Tishman Constr. Corp. v. United Hispa… Read More
February 18, 2018 Damages Award Thrown Out Because of Failure to Provide Competent, Non-Hearsay Evidence of Damages
On February 8, 2018, the First Department issued a decision in 345 E. 69th St. Owners Corp. v, Plati… Read More
February 17, 2018 Court Refuses to Enforce Forum Selection Clause in Internet Contract
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued decision in Swipe Ic… Read More
February 16, 2018 Court Refuses to Disqualify Counsel Based on Lawyer-Witness Rule
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Atlant… Read More
February 15, 2018 Professional Malpractice Claims Time-Barred
On February 1, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 14, 2018 Court Rejects Disclosure Only Class Action Settlement
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 13, 2018 Corporation's Former Counsel Cannot Represent One Shareholder Against Others
On February 7, 2018, the Second Department issued a decision in Deerin v. Ocean Rich Foods, LLC, 201… Read More
February 12, 2018 No Claim for Civil Conspiracy Without An Underlying Tort
On February 7, 2018, the Second Department issued a decision in McSpedon v. Levine, 2018 NY Slip Op.… Read More
February 11, 2018 Plaintiff Cannot Withstand Summary Judgment By Showing Question of Fact on One Element of Fraud Claim if it Fails on Another Element
On January 22, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 10, 2018 Integration Clause Bars Claim for Work Not Covered by Written Agreement
On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 9, 2018 Separate Cause of Action for Accounting Permissible Under Delaware Law
On January 23, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
February 8, 2018 Parties Not Allowed to Conduct Additional Relevance Review of Documents Found by ESI Search
On January 29, 2018, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
February 7, 2018 Court Upholds Tortious Interference with Prospective Business Relations Claim
On January 25, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 6, 2018 Court Enters Judgment Enforcing Foreign Judgment
On January 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 5, 2018 Fraud Claim Prevails; Plaintiff Not Required to Obtain Representations and Warranties From its Agent
On January 30, 2018, the First Department issued a decision in Schulhof v. Jacobs, 2018 NY Slip Op. … Read More
February 4, 2018 No Conversion Claim Based on Loans Made Into General Account
On January 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 3, 2018 Questions of Fact Regarding Dissension, Deadlock and Financial Viability Preclude Corporation's Summary Dissolution
On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Mat… Read More
February 2, 2018 Court Orders Specific Performance of Contract to Sell Real Estate
On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Spl… Read More
January 31, 2018 Claims Barred Above Amount Set by Limitation of Liability Provision
On January 23, 2018, the First Department issued a decision in Electron Trading, LLC v. Morgan Stanl… Read More
January 30, 2018 Documents Protected from Production Under Common Interest Privilege
On January 24, 2018, the Second Department issued a decision in Saint Annes Dev. Co. v. Russ, 2018 N… Read More
January 29, 2018 Court Properly Granted "Extreme" Remedy of Appointing Temporary Receiver
On January 24, 2018, the Second Department issued a decision in Meagher v. Doscher, 2018 NY Slip Op.… Read More
January 28, 2018 Transcripts and Videos of Arguments in the Court of Appeals for January 2018 Now Available
On December 24, 2017, we noted four cases of interest from the oral arguments before the Court of Ap… Read More
January 27, 2018 Yellowstone Injunction Denied; Tenant Did Not Show Ability or Intention to Cure Failure to Pay Rent
On January 16, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Serpin… Read More
January 26, 2018 Questions of Fact Precluded Dismissal on Summary Judgment of Action Based on Oral Contract Subject to Statute of Frauds
On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Too… Read More
January 25, 2018 Court Requires Parties to Arbitrate Some Claims and Have Others Decided by the Court
On January 11, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Lev… Read More
January 24, 2018 Trustee Had Right to Take Direction from the Majority of Bondholders
On January 11, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 23, 2018 Company Cannot Sue its President and Sole Shareholder for Fraud; Defendant's Knowledge of the Fraud is Imputed to the Company
On January 18, 2018, the First Department issued a decision in Doral Fabrics, Inc. v. Gold, 2018 NY … Read More
January 22, 2018 Corporate Officer Failed to Make Factual Showing Required to Receive Advancement for Defense of Criminal
On January 18, 2018, the Third Department issued a decision in Kaloyeros v. Fort Schuyler Mgt. Corp.… Read More
January 21, 2018 Contract Claim Should Not Have Been Dismissed for Lack of Consideration
On January 17, 2018. the Second Department issued a decision in Nassau County v. New York State Urba… Read More
January 20, 2018 Limited Record Before Trial Court Did Not Justify Striking Answer as Discovery Sanction
On January 17, 2018, the Second Department issued a decision in PAL Envtl. Servs., Inc. v. LJC Disma… Read More
January 19, 2018 Court Declines to Order Accounting Given Burden and Absence of Other Claims
On January 11, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 18, 2018 Complaint May Include Allegations of Facts Disclosed in Settlement Discussions
On January 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
January 18, 2018 Action Should Have Been Dismissed for Failure to Comply With Indenture's No Action Clause
On January 16, 2018, the First Department issued a decision in Rimrock High Income Plus (Master) Fun… Read More
January 17, 2018 Plaintiff Was At Will Employee Because His Written Employment Agreement Did Not Have a Definite Term of Service
On January 8, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Mo… Read More
January 16, 2018 Schlam Stone & Dolan LLP Launches Insurance Coverage Blog
Schlam Stone & Dolan LLP is pleased to announce the launch of a new Insurance Coverage Blog. Edited… Read More
January 16, 2018 Court of Appeals Grants Leave to Appeal in Case Involving Dismissal of Action Filed By Counsel That Does Not Maintain An Office in New York
On January 11, 2017, the Court of Appeals granted leave to appeal in Arrowhead Capital Fin., Ltd. v.… Read More
January 15, 2018 Upcoming Arguments in the Court of Appeals in February
Upcoming arguments in the Court of Appeals in February 2018 that may be of interest to commercial li… Read More
January 14, 2018 Court Grants Motion to Compel Arbitration Brought By Corporate Officers Not Signatories to Arbitration Agreement
On January 3, 2018, Justice Masley of the New York County Commercial Division issued a decision in H… Read More
January 13, 2018 Court Refuses to Enjoin Spin-Off of Assets from Defendant
On January 3, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 12, 2018 Malpractice Claims Barred by Collateral Estoppel Based on Earlier Action Against Co-Counsel
On January 11, 2018, the First Department issued a decision in Guidance Endodontics, LLC v. Olshan G… Read More
January 12, 2018 Defamation Claim Barred by Fair and True Report Privilege
On January 11, 2018, the First Department issued a decision in Highland Capital Management, L.P. v. … Read More
January 10, 2018 Question of Fact Regarding Plaintiff's Constructive Notice of Misrepresentation Precluded Dismissal
On January 9, 2018, the First Department issued a decision in Macquarie Capital (USA) Inc. v. Morris… Read More
January 9, 2018 Action Brought in Improper Venue Transferred to Proper Venue
On November 6, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in B… Read More
January 7, 2018 Insurance Law Section 3420 Applies Only to Policies Covering Both Insureds and Risks in New York
On November 20, 2017, the Court of Appeals issued a decision in Carlson v. American International Gr… Read More
January 7, 2018 Summary Judgment Denied; Affidavit that Contradicts a Contemporaneous Document is Not a Sham Affidavit
On January 2, 2018, the First Department issued a decision in Kärst v. W.P. Carey Inc., 2018 NY Sli… Read More
January 6, 2018 No Improper Influence; Arbitrator's Potential Retention by Affiliate of Party Was On Unrelated Matter and Was Disclosed
On January 2, 2018, the First Department issued a decision in Matter of Mexvalo, S. De R.L. De C.V. … Read More
January 5, 2018 Fiduciary Duty Claim Against Former Counsel Based on Conflict Timely Even Though Malpractice Claim Untimely
On December 28, 2017, the First Department issued a decision in Palmeri v. Willkie Farr & Gallagher … Read More
January 4, 2018 Court Refuses to Dismiss Action for Dissolution of an LLC
On December 15, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
January 1, 2018 Allegations of Badges of Fraud Sufficient to Support Actual Fraudulent Conveyance Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 31, 2017 Investment Advisors Are Not Professionals That Can be the Subject of a Professional Malpractice Claim
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 30, 2017 Contract Based on Misrepresentation Voidable, Not Void
On November 27, 2017, Justice Livote of the Queens County Commercial Division issued a decision in H… Read More
December 29, 2017 Defendant's Failure to Disclose its Business Plans Cannot be Basis for Fraud Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 28, 2017 No Conversion Claim When Plaintiff Was Not Deprived of Use of Property
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 27, 2017 Failure Strictly to Comply With Service Requirements of LLC Law 304 Makes Service Ineffective
On December 22, 2017, the Fourth Department decided in Chan v. Onyx Capital, LLC, 2017 NY Slip Op. 0… Read More
December 26, 2017 Prior Representation Not Shown to be Substantially Related so as to Justify Attorney Disqualification
On December 21, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-insuranc… Read More
December 25, 2017 Questions of Fact Preclude Dissolution of Partnership on Summary Judgment
On December 12, 2017, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 24, 2017 Upcoming Arguments in the Court of Appeals in January
Upcoming arguments in the Court of Appeals in January 2018 that may be of interest to commercial lit… Read More
December 23, 2017 Transcripts and Videos of Arguments in the Court of Appeals for November 2017 Now Available
On November 6, 2017, we noted four cases of interest from the oral arguments before the Court of App… Read More
December 22, 2017 General Provisions of Delaware LLC Law Do Not Trump Specific Provisions of LLC Agreement
On December 14, 2017, the First Department issued a decision in Estate of Calderwood v. ACE Group In… Read More
December 21, 2017 Motion to Dismiss Defamation Claims Granted Based on Qualified Privilege
On December 7, 2017, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
December 20, 2017 Split Court of Appeals Holds that RMBS Trusts Cannot Get General Contract Damages for Claims Covered by Sole Remedy Provision
On December 12, 2017, the Court of Appeals issued a decision in Nomura Home Equity Loan, Inc., Serie… Read More
December 19, 2017 CPLR 908 Requirement for Class Notice and Court Approval Applies to Not-Yet-Certified Class Actions
On December 12, 2017, the Court of Appeals issued a decision in Desrosiers v. Perry Ellis Menswear, … Read More
December 18, 2017 Court Declines to "Create Insurance Coverage Where None Exists" Based on Waiver Argument
On November 14, 2017, the First Department issued a decision in Illinois Union Insurance Co. v. Gran… Read More
December 17, 2017 Party That Agreed That Arbitrator Did Not Have to Hold Hearing Cannot Vacate Award For Failure to Hold Hearing
On December 1, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 16, 2017 Court Explains Calculation of Undertaking on Attachment
On November 22, 2017, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 15, 2017 Fraud Claim Dismissed for Failing to Plead Scienter With Particularity
On December 12, 2017, the First Department issued a decision in Fried v. Lehman Brothers Real Estate… Read More
December 14, 2017 Holder of Promissory Notes Payable to Another Must Establish How It Came to Possess Them to Enforce Them
On December 5, 2017, the First Department issued a decision in 26th LS Series Ltd. v. Brooks, 2017 N… Read More
December 13, 2017 Fraud Claim Should Not Have Been Dismissed as Time-Barred; Question of Fact Existed Regarding When Fraud Should Have Been Discovered
On December 5, 2017, the First Department issued a decision in Berman v. Holland & Knight, LLP, 2017… Read More
December 12, 2017 Cause of Action for Damage to RMBS Trust Occurs Where Trust is Located
On December 5, 2017, the First Department issued a decision in Deutsche Bank Natl. Trust Co. v. Barc… Read More
December 11, 2017 Derivative Action Plaintiff Loses Standing--And Action Must Be Dismissed--If It Sells Its Ownership Interest
On December 6, 2017, the Second Department issued a decision in Jacobs v. Cartalemi, 2017 NY Slip Op… Read More
December 10, 2017 Claim for Misappropriation of Ideas Dismissed on Summary Judgment
On November 14, 2017 Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
December 9, 2017 Conversion Claim Cannot be Based on Money Owed By Contract
On November 22, 2017, Justice Masley of the New York County Commercial Division issued a decision in… Read More
December 8, 2017 50% Shareholder Must Bring Derivative Action, Not Action in Name of Corporation, Against Other 50% Shareholder
On November 9, 2017, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
December 7, 2017 Court Awards Fees to Prevailing Party But Refuses to Award Fees on Fees
On November 22, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 6, 2017 Court Denies Motion to Disqualify Counsel Because Prior Representation Was Not Substantially Related to Present One
On November 21, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 5, 2017 Plaintiff Without Standing to Bring Derivative Action Not Entitled to Fee Award Under BCL Sec. 626
On November 29, 2017, the Second Department issued a decision in Sakow v. Waldman, 2017 NY Slip Op. … Read More
December 4, 2017 No Jurisdiction Over Defendants If Proper Service Under the CPLR Is Not Made, Even if Defendants Received the Documents
On November 29, 2017, the Second Department issued a decision in Josephs v. AACT Fast Collections Se… Read More
December 3, 2017 Party Cannot Be Held in Contempt for Failing to Pay a Fee Award
On November 29, 2017, the Second Department issued a decision in Liang v. Yi Jing Tan, 2017 NY Slip … Read More
December 2, 2017 Implied Covenant of Good Faith Cannot be Used to Create New Contract Rights
On November 16, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 1, 2017 Litigation Privilege Bars Defamation Claim
On November 28, 2017, the First Department issued a decision in Peters v. Coutsodontis, 2017 NY Slip… Read More
November 30, 2017 Court Erred in Converting Motion to Dismiss into Motion for Summary Judgment
On November 28, 2017, the First Department issued a decision in Island Intellectual Prop. LLC v. Rei… Read More
November 29, 2017 K-1s Not Dispositive Proof of Partnership Interests
On November 28, 2017, the First Department issued a decision in Rakosi v. Sidney Rubell Co., LLC, 20… Read More
November 28, 2017 Jury Trial Waiver in Escrow Agreement Governed Suit on Related Purchase Agreement
On November 21, 2017, the First Department issued a decision in Highbridge House Ogden LLC v. Highbr… Read More
November 27, 2017 No Claim Against Insurer for Breach of the Covenant of Good Faith and Fair Dealing Absent “Foreseeable Consequential Damages”
On October 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 26, 2017 Court Refuses to Award Fees for Almost 100 hours of Work on Motion to Compel
On November 3, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 25, 2017 Tenant Must Seek Yellowstone Injunction Before Cure Period Ends
On November 22, 2017, the Second Department issued a decision in Riesenburger Properties, LLLP v. Pi… Read More
November 24, 2017 Cayman Islands Procedural Law Does Not Apply to Derivative Claims of Cayman Entity in New York Lawsuit
On November 20, 2017, the Court of Appeals issued a decision in Davis v. Scottish Re Group Ltd., 201… Read More
November 23, 2017 If a Debtor Controls Funds Escrowed to Pay Specific Creditors, Those Funds Are Subject to Other Creditors' Claims
On November 15, 2017, the Second Department issued a decision in Freedman v. Hason, 2017 NY Slip Op.… Read More
November 22, 2017 Mere Error in Judgment Cannot Be Basis for Malpractice Claim
On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Te… Read More
November 21, 2017 Expert Testimony Required to Support Claim for Architectural Malpractice
On November 15, 2017, the Second Department issued a decision in Herman v. Franke, Gottsegen, Cox Ar… Read More
November 20, 2017 Fraud Claim Time-Barred; Plaintiffs Failed Timely to Take Action After They Had Inquiry Notice of Claim
On November 14, 2017, the First Department issued a decision in Moses v. Dunlop, 2017 NY Slip Op. 07… Read More
November 19, 2017 Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
November 18, 2017 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Administrative Board of the Courts has asked for public comment on a proposed change to the Comm… Read More
November 17, 2017 Party Not Entitled to Commission for Out-of-State Deposition
On November 16, 2017, the First Department issued a decision in Matter of Part 60 RMBS Put-Back Liti… Read More
November 16, 2017 Non-Party With Knowledge of Order Held in Contempt for Violating It
On November 14, 2017, the First Department issued a decision in Tishman Construction Corp. v. United… Read More
November 15, 2017 Resolving Split, Third Department Rules That Motion to Amend Requires No Showing of Merit
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
November 14, 2017 Successor Judge Should Have Adhered to Prior Judge's Holdings Under Law of Case Doctrine
On November 9, 2017, the First Department issued a decision in Glaze Teriyaki, LLC v. MacArthur Prop… Read More
November 13, 2017 Reports Prepared by Consultant During Investigation of Claims Held Not Privileged or Work Product
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
November 12, 2017 Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues
On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 11, 2017 Court Allows Contract Claim Based on Defendant's Alleged Control of Contracting Party
On October 24, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 10, 2017 Agreement Binding Even Though Parties Envisioned Further Negotiations Over Non-Material Terms
On November 9, 2017, the Fourth Department issued a decision in RES Exhibit Services, LLC v. Genesis… Read More
November 9, 2017 Transcripts and Videos of Arguments in the Court of Appeals for October 2017 Now Available
On October 3, 2017, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
November 8, 2017 Representation of Business Owners Not Representation of Business for Conflict Purposes
On October 23, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 7, 2017 Fiduciary Duty Claim Dismissed as Duplicative of Contract Claim
On November 2, 2017, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.… Read More
November 6, 2017 Upcoming Arguments in the Court of Appeals in November
Upcoming arguments in the Court of Appeals in November 2017 that may be of interest to commercial li… Read More
November 6, 2017 Contract That Did Not Recite Past Consideration Upon Which it Was Based Unenforceable
On November 2, 2017, the First Department issued a decision in Korff v. Corbett, 2017 NY Slip Op. 07… Read More
November 5, 2017 Bank Not Allowed to Amended its Answer to Change Statement It Claims Was Mistaken
On October 23, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
November 4, 2017 New York Attorney Rates Found Reasonable in Nevada Litigation
On October 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 3, 2017 Arbitrability of Claim Determined by the Arbitrator Where Agreement Incorporates Rules of the London Court of International Arbitration
On October 12, 2017, the Court of Appeals issued a decision in Garthon Bus. Inc. v. Stein, 2017 NY S… Read More
November 2, 2017 Valid Threats of Patent Litigation Against Customers Not Tortious Interference
On October 24, 2017, the First Department issued a decision in Lotes Co., Ltd. v. Hon Hai Precision … Read More
November 1, 2017 Breach of Contract May be Breach of Fiduciary Duty, But Only for Professionals
On October 19, 2017, the First Department issued a decision in Panattoni Development Co., Inc. v. Sc… Read More
October 31, 2017 Fee Award Vacated Due to Trial Court's Failure to Consider All Relevant Factors In Awarding Fees
On October 19, 2017, the First Department issued a decision in EVUNP Holdings LLC v. Frydman, 2017 N… Read More
October 30, 2017 Regardless of Merits, Court Should Not Have Granted Injunction When Money Damages Sufficient
On October 19, 2017, the First Department issued a decision in JSC VTB Bank v. Mavlyanov, 2017 NY Sl… Read More
October 29, 2017 Fraud Plaintiff Was Unreasonable in Relying on Representation Contradicted by Term Sheet
On October 13, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
October 28, 2017 Court Refuses to Issue Injunction Enforcing Restrictive Covenants
On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
October 27, 2017 Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud
On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY … Read More
October 26, 2017 Action Dismissed Because Plaintiff's Counsel Did Not Maintain Office in New York
On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Ch… Read More
October 25, 2017 Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute
On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden,… Read More
October 24, 2017 Action Dismissed for Failure Timely to Serve Complaint
On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 … Read More
October 23, 2017 Bringing Action for Rescission/Reformation of Contract Not Anticipatory Breach of That Contract
On October 19, 2017, the Court of Appeals issued a decision in Princes Point LLC v. Muss Development… Read More
October 22, 2017 Default Judgment Vacated Because of Possible Misrepresentations in Complaint
On October 10, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Dea… Read More
October 21, 2017 Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward
On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 20, 2017 Question of Fact Regarding Whether Time Was of the Essence Precludes Summary Judgment
On October 2, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Scott R… Read More
October 19, 2017 Plaintiff Lacked Standing to Assert Claims for Damage to Affiliate
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More
October 18, 2017 Court of Appeals Grants Leave to Appeal in Case Involving Enforceability of Deed Covenant to Provide Free Electricity
On October 17, 2017, the Court of Appeals granted leave to appeal in Niagara Mohawk Power Corp. v. A… Read More
October 17, 2017 Foreign Defendants Found Not to Be Subject to Personal Jurisdiction in New York
On October 10, 2017, the First Department issued a decision in IMAX Corp. v. Essel Group, 2017 NY Sl… Read More
October 16, 2017 Appeal Timely Notwithstanding That Notice of Appeal Was Rejected by Clerk
On October 10, 2017, the First Department issued a decision in Perlbinder v. Board of Managers of th… Read More
October 15, 2017 Res Judicata Effect of Prior Award is For Arbitrator, Not Court, to Decide
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Gi… Read More
October 14, 2017 Construction-Related Claims Barred by "No Damages for Delay" Clause
On September 28, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in P… Read More
October 13, 2017 Clear and Convincing Standard of Proof Not Applied at Summary Judgment
On September 28, 2017, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 12, 2017 RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas
On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 11, 2017 LLC Does Not Owe Fiduciary Duties to its Members
On September 28, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
October 10, 2017 Plaintiff Fails to Provide Evidence Showing Jurisdiction Over Foreign Shipping Company
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 9, 2017 CPLR 205(a) Statute of Limitations Extension Does Not Apply to Voluntarily Discontinued Action
On October 4, 2017, the Second Department issued a decision in EB Brands Holdings, Inc. v. McGladrey… Read More
October 8, 2017 Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 7, 2017 Reaching Out to New York Bank to Negotiate Loan Agreements Created Personal Jurisdiction
On September 25, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
October 6, 2017 Breach of Contract Claim Dismissed for Failure to Identify Particular Provision That was Breached
On October 6, 2017, the Fourth Department issued a decision in Barrett v. Grenda, 2017 NY Slip Op. 0… Read More
October 5, 2017 Destroyed Evidence Presumed Relevant When it is Intentionally Deleted
On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Cor… Read More
October 4, 2017 Unsigned Employment Agreement Void Under Statute of Frauds
On September 20, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
October 3, 2017 Upcoming Arguments in the Court of Appeals in October
Upcoming argument in the Court of Appeals that may be of interest to commercial litigators include: … Read More
October 2, 2017 Commercial General Liability Insurance Policy Did Not Cover Breach of Contract Claim
On September 27, 2017, the Second Department issued a decision in J.W. Mays, Inc. v. Liberty Mutual … Read More
October 1, 2017 Transcripts and Videos of Arguments in the Court of Appeals for September 2017 Now Available
On August 11, 2017, we noted three cases of interest from the oral arguments before the Court of App… Read More
September 30, 2017 Term Sheet Not a Binding Contract
On September 26, 2017, the First Department issued a decision in Keitel v. E*TRADE Financial Corp., … Read More
September 29, 2017 Fraudulent Inducement Claims Dismissed on Summary Judgment: No Reasonable Reliance
On September 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 28, 2017 Unreasonably Lengthy and Frivolous Investigation Sufficient Basis for Breach of Implied Covenant of Good Faith and Fair Dealing
On September 15, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 27, 2017 Court Rejects Allegations of Conspiracy-Based Personal Jurisdiction
On September 8, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 26, 2017 Plaintiff's Voluntary Payment of Disputed Sum and Delay in Bringing Suit Dooms Claims
On September 18, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 25, 2017 Veil Piercing Claim Not Incompatible with Indemnification Claim
On September 7, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 24, 2017 Economic Interest Holders Did Not Have Standing to Dissolve Partnership
On August 7, 2017, Justice Livote of the Queens County Commercial Division issued a decision in BV I… Read More
September 23, 2017 On Reargument, Court Finds Motion Timely and Grants Summary Judgment
On September 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in 531 … Read More
September 22, 2017 Legal Malpractice Claim Dismissed for Failure Adequately to Allege Damages
On September 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 21, 2017 Fraud Claim Based on Promise to Perform Under the Parties' Contract Dismissed
In September 19, 2017, a divided First Department issued a decision in Cronos Group Ltd. v. XComIP, … Read More
September 21, 2017 Turnover Order Can Relate to Out-of-State Property
On September 1, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 20, 2017 Alleged Breach by Plaintiff Insufficient to Prevent Judgment on Contract Claim
On September 11, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
September 19, 2017 Defendant Cannot Amend Answer to Assert Defense of Lack of Personal Jurisdiction
On September 11, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 18, 2017 Client Bound by Counsel's Agreements, Even if Counsel Lacked Authority to Agree
On September 12, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 17, 2017 Manager of Delaware LLC Must Exercise Rights Granted to it in Good Faith
On September 8, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 16, 2017 Indemnification Provision Applies to Litigation Between Parties
On September 5, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
September 15, 2017 Parties Waived Right to Arbitrate By Participating in Litigation
On September 6, 2017, Justice Bransten of the New York County Commercial division issued a decision … Read More
September 13, 2017 First Department Arguments to be Broadcast Live Over the Internet
Presiding Justice Rolando T. Acosta has announced that effective Tuesday, September 12, 2017, oral a… Read More
September 7, 2017 Appellate Court's Costs Award Does Not Bar Application for Fees Under Contract
On August 31, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
September 6, 2017 CLE Program: Practicing in NYS Supreme Court
On September 13, 2017, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at t… Read More
September 5, 2017 Party May Invoke Forum Selection Clause Against Non-Signatory Closely Related to a Signatory
On August 29, 2017, the First Department issued a decision in Universal Investment Advisory SA v. Ba… Read More
September 4, 2017 Celebrity Attorney Criticized for Deposition Misconduct
On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 3, 2017 Fraud Claim Cannot be Based on Statement Contradicted by Unambiguous Term of Contract
On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 2, 2017 Claim for Money Had and Received Dismissed
On August 17, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 31, 2017 Plaintiff Cannot Get Attorneys’ Fees Under CPLR 3220 Unless Action Goes to Trial
On August 30, 2017, the Second Department issued a decision in Saul v. Cahan, 2017 NY Slip Op. 06391… Read More
August 30, 2017 Court Erred in Granting Preliminary Injunction Without Ordering Plaintiff to Give Undertaking
On August 23, 2017, the Second Department issued a decision in Mobstub, Inc. v. www.staytrendy.com, … Read More
August 29, 2017 Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence
On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2017 No Breach of Covenant of Good Faith and Fair Dealing; Plaintiff Received Benefits of Contract
On August 23, 2017, the Second Department issued a decision in Rayham v. Multiplan, Inc., 2017 NY Sl… Read More
August 27, 2017 Court Rejects Expert Reports That Opined on the Law of Legal Ethics
On August 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 26, 2017 Questions of Fact on Whether LLC Could Fulfill its Purpose Barred Dissolution Claim's Dismissal
On August 16, 2017, the Second Department issued a decision in Mace v. Tunick, 2017 NY Slip Op. 0617… Read More
August 25, 2017 Motion Court Should Not Have Denied Motion to Amend
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
August 24, 2017 Letters, Affidavits and Transcripts Not 3211(a)(1) Documentary Evidence
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
August 23, 2017 Justices Scheinkman and Garguilo Recently Updated Their Part Rules
Justice Scheinkman of the Westchester County Commercial Division recently updated his Practice Guide… Read More
August 22, 2017 Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony
On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Plann… Read More
August 21, 2017 Court Should Not Have Vacated Default Judgment Where There Was No Reasonable Excuse for Default
On August 16, 2017, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2017 NY … Read More
August 20, 2017 Insurer Owed Pre-Judgment Interest From Date of Wrongful Disclaimer of Coverage
On August 7, 2017, Justice Ramos of the New York County Commercial Division issued a decision in J.P… Read More
August 19, 2017 Limited Liability Company Cannot Appoint Non-Member to Evaluate Derivative Claims
On August 15, 2017, the First Department issued a decision in LNYC Loft, LLC v. Hudson Opportunity F… Read More
August 17, 2017 Court Should Not Have Removed Member from LLC Management Without Hearing
On August 15, 2017, the First Department issued a decision in Crabapple Corp. v. Elberg, 2017 NY Sli… Read More
August 16, 2017 Motion to Amend Filed After Note of Issue Date Denied Due to Prejudice to Plaintiff
On August 2, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in JB… Read More
August 15, 2017 Court Excludes Parol Evidence Despite Lack of Merger Clause
On August 9, 2017, the Second Department issued a decision in Hoeg Corp. v. Peebles Corp., 2017 NY S… Read More
August 14, 2017 Court Orders Dissolution of Family-Owned Corporation
On August 3, 2017, following a 6-day bench trial, Justice Dufficy of the Queens County Commercial Di… Read More
August 13, 2017 Two-Year Discovery Rule Does Not Save Fraud Claim from Being Time-Barred
On August 7, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 12, 2017 Plaintiff Awarded Damages on Conversion Claim Even Though Converted Funds Returned
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
August 11, 2017 Upcoming Arguments in the Court of Appeals in September
Upcoming arguments in the Court of Appeals that may be of interest to commercial litigators include:… Read More
August 10, 2017 Lost Profits Found to be Recoverable as General, Not Consequential, Damages
On August 3, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 9, 2017 Insured Not Entitled to Indemnification Because It Settled Claims Without Insurer's Permission
On August 8, 2017, the First Department issued a decision in Bovis Lend Lease (LMB), Inc. v. Arch In… Read More
August 8, 2017 Merger Clause Bars Fraud Claim
On July 31, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in R… Read More
August 7, 2017 Intermediary Was Not Agent With Authority to Bind Trust
On August 1, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 6, 2017 Party Need Not Produce Documents Relating to Settlement Discussions
On July 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Five… Read More
August 5, 2017 Property Owner Not Liable to Subcontractor for General Contractor's Obligations
On July 26, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Cou… Read More
August 4, 2017 Request for Indemnification Under BCL Denied on Procedural Grounds
On July 13, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Fed… Read More
August 3, 2017 Court Enforces Warranty Waiver, Dismissing Claim
On August 2, 2017, the Second Department issued a decision in Joka Industries, Inc. v. Doosan Infrac… Read More
August 2, 2017 First Department Reaffirms Indenture Trustee's Fiduciary Duties
On August 1, 2017, the First Department issued a decision in Cece & Co. Ltd. v. U.S. Bank N.A., 2017… Read More
August 1, 2017 Court Denies Summary Judgment Motion Due to Defendant's Failure to Attend Deposition
On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Z… Read More
July 31, 2017 Fact Issues Do Not Preclude Issuance of a Yellowstone Injunction
On June 9, 2017, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mon… Read More
July 30, 2017 Justice Masley Posts Part Rules
Justice Andrea Masley, newly-assigned to the New York County Commercial Division, recently posted he… Read More
July 28, 2017 Court Refuses to Dismiss New York Action in Favor of Later-Filed California Action
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 27, 2017 Actual Notice Insufficient to Meet Contract's Strict Contractual Notice Requirement
On July 27, 2017, the Third Department issued a decision in Ridley Electric Co., Inc. v. Dormitory A… Read More
July 26, 2017 Breach of Fiduciary Duty Claim Based on Law Firm's Conflicted Representation Timely
On July 25, 2017, the First Department issued a decision in Palmeri v. Wilkie Farr & Gallagher LLP, … Read More
July 25, 2017 Justice Masley Assigned to Commercial Division
Justice Andrea Masley, previously assigned to Part 25, has been reassigned to the New York County Co… Read More
July 24, 2017 Court Declines to Award Attachment Due to Lack of Evidence of Intent to Defraud
On July 17, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Del Forte… Read More
July 23, 2017 Plaintiff Awarded Fees Based on Unmistakably Clear Language in Contract
On July 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 21, 2017 Alleged Faulty Notice of Lease Renewal States Breach of Implied Covenant Claim
On July 13, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 20, 2017 Class Action Waiver Violated National Labor Relations Act
On July 18, 2017, the First Department issued a decision in Gold v. New York Life Insurance Co., 201… Read More
July 19, 2017 Plaintiff's Failure to Read Policy No Bar to Claim for Failure to Obtain Proper Insurance
On July 11, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in 386 3r… Read More
July 18, 2017 Corporate Officers Can Enforce Arbitration Provision in Corporation's Contract
On July 12, 2017, the Second Department issued a decision in Degraw Construction Group, Inc. v. McGo… Read More
July 17, 2017 Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument
On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Ener… Read More
July 16, 2017 Plaintiff's Amended Claims Found to Relate Back to Date of Original Complaint
On June 29, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Seidler v… Read More
July 15, 2017 Movant Failed to Meet High Burden of Showing That Opponent's Conduct Was Frivolous
On July 5, 2017, the Second Department issued a decision in West Hempstead Water District v. Buckeye… Read More
July 14, 2017 Non-Parties Bound by Contract's Forum Selection Clause
On June 27, 2017, Justice Scarpulla of the New York County Commercial division issued a decision in … Read More
July 13, 2017 Time-Barred Claims Could be Used as Counterclaims Under Equitable Recoupment Doctrine
On June 29, 2017, the First Department issued a decision in California Capital Equity, LLC v. IJKG, … Read More
July 12, 2017 Quantum Meruit Claim for Work Done Based on Promise of Contract Award in Future Upheld
On June 29, 2017, the First Department issued a decision in H. & L. Electric Inc. v. Midtown Equitie… Read More
July 11, 2017 Partnership Agreement's Arbitration Provision Governs Later Agreement to Sell Partnership Assets
On June 27, 2017, the First Department issued a decision in Matter of Capital Enterprises Co. v. Dwo… Read More
July 10, 2017 Failure to Comply With Discovery Orders Warranted Dismissal and Monetary Sanctions
On June 21, 2017, the Second Department issued a decision in 150 Centreville, LLC v. Lin Associates … Read More
July 9, 2017 Insurers' Repudiation of Liability Relieves Insured of Obligation to Cooperate
On June 27, 2017, the First Department issued a decision in J.P. Morgan Securities Inc. v. Vigilant … Read More
July 8, 2017 Counsel Sanctioned for Making Multiple Motions for the Same Relief
On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tric… Read More
July 7, 2017 Fraud Claims Subject to Broad Arbitration Clause
On June 27, 2017, the First Department issued a decision in New York Marine and General Insurance Co… Read More
July 6, 2017 Theft of Trade Secrets Claim Fails; Customer Lists Were Not Shown to be Secret
On June 28, 2017, the Second Department issued a decision in Tri-Star Lighting Corp. v. Goldstein, 2… Read More
July 5, 2017 Schlam Stone & Dolan LLP Partners Present CLE on Commercial Division Rules
On Friday, July 21, 2017, from 3:00 PM - 5:00 PM New York time, Schlam Stone & Dolan partners Jeffre… Read More
July 4, 2017 Court Upholds Implied Covenant Claim Based on Frustration of Plaintiff's Efforts to Recover Funds
On June 22, 2017, the First Department issued a decision in Tillage Commodities Fund, L.P. v. SS&C T… Read More
July 3, 2017 Unconscionability Can be Basis for Disregarding Statute of Frauds But Standard is Demanding
On June 29, 2017, the Court of Appeals issued a decision in Matter of Hennel, 2017 NY Slip Op. 05266… Read More
July 2, 2017 Complaint Dismissed for Impermissibly Mixing Direct and Derivative Claims
On June 15, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Guindi… Read More
July 1, 2017 Affidavit With E-mails and Account Analysis Not Documentary Evidence
On June 13, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in N… Read More
June 30, 2017 Court of Appeals Accepts Certified Questions Regarding Calculation of Damages and Prejudgment Interest in Trade Secret Cases
On June 27, 2017, the Court of Appeals accepted two certified questions from the Second Circuit in E… Read More
June 30, 2017 Derivative Lawsuits Stayed In Favor of Related Suits in Federal Court
On June 7, 2017, Justice Singh of the New York County Commercial Division issued a decision in Reave… Read More
June 29, 2017 Telephone and E-mail Communications to New York Insufficient to Create Personal Jurisdiction
On June 22, 2017, the First Department issued a decision in Ripplewood Advisors, LLC v. Callidus Cap… Read More
June 28, 2017 Leave to Appeal Granted in Case Involving Effect of New York Choice of Law Clause on Applicability of Borrowing Statute
On June 22, 2017, the Court of Appeals granted leave to appeal in 2138747 Ontario, Inc. v. Samsung C… Read More
June 27, 2017 Dismissal for Failure to Prosecute Vacated Because No 90-Day demand to File Note of Issue Made
On June 21, 2017, the Second Department issued a decision in Atmara, Inc. v. Panoramic Ace Propertie… Read More
June 26, 2017 Attorney for 50% Shareholder Had No Fiduciary Duty to Other Shareholder
On June 7, 2017, the Second Department issued a decision in Gall v. Colon-Sylvain, 2017 NY Slip Op. … Read More
June 25, 2017 Claim Against Trust Dismissed for Lack of Jurisdiction Over Trustee
On June 9, 2017, Justice Singh of the New York County Commercial Division issued a decision in Deuts… Read More
June 24, 2017 Summons With Notice Provided Sufficient Notice of Plaintiff's Claims
On June 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in L… Read More
June 23, 2017 Tolling Provision of CPLR 205(a) Does Not Apply to Out-of-State Actions
On June 15, 2017, the First Department issued a decision in Deadco Petroleum v. Trafigura AG, 2017 N… Read More
June 22, 2017 Court Refuses to Enforce No-Challenge Clause in Patent License
On June 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
June 21, 2017 Failure to Set Standards For Award of Stock Options Breach of Implied Covenant of Good Faith
On June 15, 2017, the First Department issued a decision in Zakrzewski v. Luxoft USA, Inc., 2017 NY … Read More
June 20, 2017 Dissolved Corporation May Sue or be Sued Until its Affairs are Fully Adjusted
On June 14, 2017, the Second Department issued a decision in Greater Bright Light Home Care Services… Read More
June 19, 2017 Undertaking Vacated Because Not Related to Potential Damages That Might Result from Injunction
On June 14, 2017, the Second Department issued a decision in Olympic Ice Cream Co., Inc. v. Sussman,… Read More
June 18, 2017 Fraud Claim Can Be Based on Breach of Contractual Warranties
On May 31, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in A… Read More
June 17, 2017 Claim Fails Heightened Tortious Interference Pleading Standard for Corporate Officers
On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in TC Tra… Read More
June 16, 2017 Insurer Denied Summary Judgment for Failure to Show Material Misrepresentations by Insured
On June 7, 2017, the Second Department issued a decision in Indian Harbor Insurance Co. v SP&K Const… Read More
June 15, 2017 Exchange of E-mails Did Not Create Binding Contract
On June 7, 2017, the Second Department issued a decision in Saul v. Vidokle, 2017 NY Slip Op. 04485,… Read More
June 14, 2017 Insurance Policy Covering Injury Caused by Insured Requires Proximate Causation
On June 6, 2017, the Court of Appeals issued a decision in Burlington Insurance Co. v. NYC Transit A… Read More
June 13, 2017 Whether Subsequent Agreement Between the Insurance Company and the Insured Affected Arbitrability of Dispute Is A Question for the Arbitrator
On June 1, 2017, the Court of Appeals issued a decision in Town of Amherst v. Granite State Insuranc… Read More
June 12, 2017 Spanish Defendant's Travel to, and Failure to Pay Commissions in, New York Creates Jurisdiction
On June 8, 2017, the Court of Appeals issued a decision in D&R Global Selections, S.L. v. Bodega Ole… Read More
June 11, 2017 Court Finds Subject Matter Waiver of Attorney-Client Privilege
On June 5, 2017, Justice Oing of the New York County Commercial Division issued a decision in Siras … Read More
June 10, 2017 Questions of Fact Preclude Summary Judgment on Reformation Claim
On June 8, 2017, the First Department issued a decision in Warberg Opportunistic Trading Fund L.P. v… Read More
June 9, 2017 Legal Malpractice Claim Based on Allegedly Faulty Tax Advice Survives Summary Judgment
On June 1, 2017, the First Department issued a decision in Leggiadro, Ltd. v. Winston & Strawn, LLP,… Read More
June 8, 2017 Complaint States Claim for Wrongful Eviction Based on Intent to Revive Lease
On June 1, 2017, the First Department issued a decision in Mephisto Management, LLC v. Moon 170 Merc… Read More
June 7, 2017 Fraud Claim Dismissed as Time-Barred; Plaintiffs Were on Inquiry Notice
On June 1, 2017, the First Department issued a decision in MBI International Holdings Inc. v. Barcla… Read More
June 6, 2017 Promise Made With Preconceived Intention of Not Performing Supports Fraudulent Inducement Claim
On May 30, 2017, the First Department issued a decision in White v. Davidson, 2017 NY Slip Op. 04219… Read More
June 5, 2017 Questions of Fact Precluded Dismissal of Duress Defense on Summary Judgment
On May 25, 2017, the First Department issued a decision in Yoon Jung Kim v. An, 2017 NY Slip Op. 042… Read More
June 4, 2017 Release Did Not Bar Derivative Claims, But Bringing Claims Might Violate Covenant Not to Sue
On May 23, 2017, the First Department issued a decision in Ridinger v. West Chelsea Development Part… Read More
June 3, 2017 Derivative Claims Fail; Alleged Individual Harm Embedded in Harm to Corporation
On May 24, 2017, the Second Department issued a decision in Patterson v. Calogero, 2017 NY Slip Op. … Read More
June 2, 2017 Second Department Upholds Sanction Enjoining Party From Bringing New Actions Without Permission
On May 24, 2017, the Second Department issued a decision in DiSilvio v. Romanelli, 2017 NY Slip Op. … Read More
June 1, 2017 Broker Entitled to Commission if Sellers Wrongfully Prevent Completion of Deal
On May 24, 2017, the Second Department issued a decision in CS Empire Realty, LLC v. Hussain, 2017 N… Read More
May 31, 2017 In Deciding Privilege Issues, Court Applies Law of Place of Trial
On May 23, 2017, the First Department issued a decision in Matter of People of the State of New York… Read More
May 30, 2017 When Plaintiffs Sold Bonds Their Tort Claims Automatically Transferred to the Purchaser
On May 15, 2017, Justice Bransten of the New York County Commercial Division issued a decision in On… Read More
May 29, 2017 25% Owner of Corporation Not Entitled to Dissolution
On May 17, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Matter of … Read More
May 28, 2017 Under AAA Rules, Question of Arbitrability is for Arbitrator in First Instance
On May 23, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Po… Read More
May 27, 2017 Broker's Claim Dismissed; it Was Not Procuring Cause of Transaction
On May 8, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Br… Read More
May 26, 2017 Trustee Lacked Standing to Bring Derivative Action on Behalf of Trust
On May 2, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in 19… Read More
May 25, 2017 Restrictive Covenant Reasonable on Facts Alleged
On May 16, 2017, Justice Singh of the New York County Commercial Division issued a decision in Dougl… Read More
May 24, 2017 Questions of Fact Preclude Summary Judgment on De Facto Merger Successor Liability Claims
On May 16, 2017, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide Home… Read More
May 23, 2017 Court Upholds Jurisdiction Based on Conspiracy
On May 16, 2017, the First Department issued a decision in FIA Leveraged Fund Ltd. v. Grant Thornton… Read More
May 22, 2017 Insurance Law § 3105 Does Not Dispense with Requirement of Proving Reliance and Loss Causation
On May 16, 2017, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide Home… Read More
May 21, 2017 Unfair Competition Damages Not Recoverable Under Computer Fraud and Abuse Act
On May 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in S… Read More
May 20, 2017 Fraud Claim Dismissed As Duplicative of Contract Claim
On May 5, 2017, Justice Singh of the New York County Commercial Division issued a decision in Solar … Read More
May 19, 2017 First Department Recognizes Multiple Theories For RMBS Trustee
On May 11, 2017, the First Department issued a decision in Bank of N.Y. Mellon v. WMC Mortgage, LLC,… Read More
May 18, 2017 Court Will Ignore Corporate Form When it is Used to Perpetrate a Fraud
On April 7, 2017, Justice Dufficy of the Queens County Commercial Division issued a decision in Nand… Read More
May 17, 2017 First-Filed New York Action Dismissed in Favor of More Comprehensive Texas Action
On May 9, 2017, the First Department issued a decision in IRX Therapeutics, Inc. v. Landry, 2017 NY … Read More
May 15, 2017 Demand of Complaint May Be Made Before Proof of Service is Filed
On May 4, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v. … Read More
May 14, 2017 Fraud Claim Dismissed for Lack of Reasonable Reliance
On April 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 13, 2017 Sole Remedy for Fraud on Court in Prior Proceeding is Motion to Vacate Under CPLR 5015(a)(3)
On April 28, 2017, the Fourth Department issued a decision in MAA-Sharda, Inc. v. First Citizens Ban… Read More
May 12, 2017 Declaratory Judgment Claim Justiciable Even Though Option Had Not Yet Been Exercised
On April 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 11, 2017 No-Oral-Modification Clause Precluded Defense That Bank Said it Would Refinance
On April 27, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 10, 2017 Oral Contract Barred by Statute of Frauds
On May 4, 2017, the First Department issued a decision in Galopy Corp. Intl., N.V. v. Deutsche Bank,… Read More
May 9, 2017 Fiduciary Tolling Applied to Claim Seeking Both Legal and Equitable Relief
On April 20, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 8, 2017 Short-Term, Worldwide Restrictive Covenant Enforced
On April 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 7, 2017 Even if Statutory Basis for Attachment Met, Must be Showing Judgment Will Not Be Paid
On April 21, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
May 6, 2017 No Veil Piercing Jurisdiction Unless Defendant Used Corporate Form to Harm or Defraud
On April 25, 2017, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More
May 5, 2017 Court of Appeals Affirms Dismissal of Fraudulent Inducement Claim for Failure to Plead "Actual Pecuniary Loss"
On May 2, 2017, the Court of Appeals issued a decision in Connaughton v. Chipotle Mexican Grill, Inc… Read More
May 4, 2017 Collateral Holder's Disposition of Collateral Was Reasonable
On April 27, 2017, the First Department issued a decision in Bank Leumi USA v. GM Diamonds, Inc., 20… Read More
May 3, 2017 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the Comme… Read More
May 3, 2017 Court Enforces Settlement Agreement Where Defendants Accepted the Benefits Despite Parties’ Non-Compliance With a Contract Provision
On April 6, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
May 2, 2017 Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
May 2, 2017 Arbitration Provisions in Agreements Enforced Despite Claim That Agreements Were Invalid
On April 14, 2017, Justice Singh of the New York County Commercial Division issued a decision in Sou… Read More
May 1, 2017 Justices Chimes and Nowak Post Part Rules
Justices Deborah Chimes and Henry J. Nowak of the Eighth Judicial District Commercial Division recen… Read More
May 1, 2017 Settlement Agreement's Release and Integration Clause Barred Fraudulent Inducement Claims
On April 18, 2017, Justice Singh of the New York County Commercial Division issued a decision in Glo… Read More
April 30, 2017 Breach of Contract Claim Dismissed: Counteroffer Extinguished Offer
On April 17, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Kei… Read More
April 29, 2017 Fraudulent Inducement Claim Dismissed For Failure to Allege Due Diligence
On April 7, 2017, Justice Bransten of the New York County Commercial Division issued a decision in D… Read More
April 28, 2017 Continuous Representation Doctrine Inapplicable if Limitation Period Set By Contract, Not Statute
On April 20, 2017, the First Department issued a decision in Aaron v. Deloitte Tax LLP, 2017 NY Slip… Read More
April 27, 2017 Motion Extending Time to Serve Made 18 Months After Service Was Contested Not Improperly Granted
On April 20, 2017, the First Department issued a decision in Deutsche Bank, AG v. Vik, 2017 NY Slip … Read More
April 26, 2017 Insurer Required to Provide Coverage Because of Flaws in its Letter Disclaiming Coverage
On April 19, 2017, the Second Department issued a decision in Unified Window Systems, Inc. v. Endura… Read More
April 25, 2017 Communications With Insurance Brokers Not Privileged
On April 17, 2017, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
April 24, 2017 Defendant Need Not Make Misrepresentations to be Liable for Aiding and Abetting Fraud
On April 13, 2017, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
April 23, 2017 Action Dismissed for Failure Timely to Respond to Demand for Complaint
On February 21, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
April 22, 2017 Collateral Estoppel Does Not Bar Claims Regarding Painting's Ownership
On April 18, 2017, the First Department issued a decision in Reif v. Nagy, 2017 NY Slip Op. 02920, h… Read More
April 21, 2017 Court Rejects Late-Filed Opposition to Motion
On April 3, 2017, Justice Whelan of the Suffolk County Commercial Division issued a decision in Nati… Read More
April 20, 2017 Plaintiff Lacked Standing to Bring Derivative Claims on Behalf of LLC
On April 12, 2017, Justice Oing of the New York County Commercial Division issued a decision in Poko… Read More
April 19, 2017 Plaintiff And Defendant’s Counsel Both Disqualified Due To Simultaneous Conflicted Representations
On March 3, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in G… Read More
April 18, 2017 Extrinsic Evidence May be Admitted Prior to Exclusion Being Strictly Construed Against Insurer
On April 13, 2017, the First Department issued a decision in Heartland Brewery, Inc. v. Nova Casualt… Read More
April 17, 2017 RMBS Plaintiff's Claims Dismissed Because of Failure Properly to Assign Tort Claims
On April 12, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Roy… Read More
April 16, 2017 Appeal Dismissed Because Notice of Appeal Filed More Than 30 Days After Notice of Entry
On April 11, 2017, the First Department issued a decision in Hill Dickinson LLP v. Il Sole Ltd., 201… Read More
April 15, 2017 Striking Answer as Discovery Sanction Upheld
On April 12, 2017, the Second Department issued a decision in Mears v. Long, 2017 NY Slip Op. 02782,… Read More
April 14, 2017 Full Amount of Defense Costs in Underlying Action Recoverable as Damages for Wrongful Attachment
On April 11, 2017, the First Department issued a decision in Citibank, N.A. v. Keenan Powers & Andre… Read More
April 13, 2017 Upcoming Arguments of Interest in the Court of Appeals
Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators inc… Read More
April 12, 2017 No Conspiracy to Breach Fiduciary Duty Claim When Underlying Tort Not Alleged
On March 29, 2017, Justice Oing of the New York County Commercial Division issued a decision in Sira… Read More
April 11, 2017 Collateral Manager Not Entitled to Expense Payments Greater Than Provided by Contract
On March 31, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 10, 2017 Transfer Agent Not Bound By Forum Selection Clause in Notes
On March 30, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
April 9, 2017 Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed
On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 8, 2017 Person Who Signed Agreement on Behalf of LLC Before LLC Was Formed Can Be Held Personally Liable
On April 6, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc. v.… Read More
April 7, 2017 Negligent Representation Claim Fails; No Special Relationship
On April 4, 2017, the First Department issued a decision in Coöperative Centrale Raiffeisen-Boerenl… Read More
April 6, 2017 Questions of Fact Regarding When Representation Ended Precluded Dismissal of Malpractice Claim
On April 5, 2017, the Second Department issued a decision in Stein Industries, Inc. v. Certilman Bal… Read More
April 5, 2017 RMBS Settlement Proceeds Must Be Distributed As Provided By Terms of Agreements
On March 31, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 3, 2017 Court Approves Disclosure-Only Class Action Settlement
On March 24, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 2, 2017 Preliminary Injunction Issued Requiring Defendant to Record Mortgages in Plaintiff's Favor
On March 22, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Sut… Read More
April 1, 2017 Acquiror of Judgment Debtor's Assets Not Liable as Debtor's Successor
On March 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Kolo… Read More
March 31, 2017 Claims Barred by in Pari Delicto Doctrine
On March 28, 2017, the First Department issued a decision in Romanoff v. Romanoff, 2017 NY Slip Op. … Read More
March 29, 2017 Contract Claim Fails for Lack of Contractually-Required Notice and Opportunity to Cure
On March 20, 2017, Justice Kornreich issued a decision in Gottwald v. Sebert, 2017 NY Slip Op. 30521… Read More
March 28, 2017 Defendant Who Was Party to Contract Liable Even Though His Employer Also Had Contract With Plaintiff
On March 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Lord… Read More
March 27, 2017 Plaintiff Bound by Terms Incorporated by Reference into Purchase Order
On March 24, 2017, the Fourth Department issued a decision in Auburn Custom Millwork, Inc. v. Schmid… Read More
March 26, 2017 Ownership Interest in LLC is Intangible Property Not Subject to Conversion
On March 23, 2017, the First Department issued a decision in Saleeby v. Remco Maintenance, LLC, 2017… Read More
March 25, 2017 IM's Did Not Create Contract Because Deal Was "Subject To" Further Documentation
On March 23, 2017, the First Department issued a decision in Luxor Capital Group, L.P. v. Seaport Gr… Read More
March 24, 2017 Parties' Course of Conduct Trumps No-Oral-Waiver Clause
On March 22, 2017, the Second Department issued a decision in Kamco Supply Corp. v. On the Right Tra… Read More
March 23, 2017 Judiciary Law § 478 Claim Cannot Be Based on Attorney Conduct in Arbitration
On March 16, 2017, the First Department issued a decision in Doscher v. Mannatt, Phelps & Phillips, … Read More
March 22, 2017 Defendant Waived Forum Selection Clause By Failing Timely to Object to Forum
On March 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 21, 2017 Vacatur Based on Releases Denied; Defendant Failed Timely to Raise Issue
On March 7, 2017, the First Department issued a decision in Grinshpun v. Borokhovich, 2017 NY Slip O… Read More
March 20, 2017 Statute of Limitations Runs From When Contract is Signed, Not When it is Dated
On March 9, 2017, the First Department issued a decision in Natixis Real Estate Capital Trust 2007-H… Read More
March 19, 2017 Assignment of Claim"Of Any Nature Whatsoever" Sufficient to Assign Tort Claims
On March 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 18, 2017 Insurer Entitled to Judgment as a Matter of Law Based on Plaintiff's Misrepresentations
On March 1, 2017, the Second Department issued a decision in Estate of Gen Yee Chu v. Otsego Mutual … Read More
March 17, 2017 Court Properly Granted Default Judgment; No Reasonable Excuse for Default
On March 1, 2017, the Second Department issued a decision in Jing Shan Chen v. R & K 51 Realty, Inc.… Read More
March 16, 2017 Attorney Release in Agreement Insufficient to Bind Attorney to Agreement's Arbitration Clause
On March 2, 2017, the First Department issued a decision in Matter of Kramer Levin Naftalis & Franke… Read More
March 15, 2017 RMBS Fraud Claim Dismissed for Inability to Tie Losses to Misrepresentations
On March 2, 2017, the First Department issued a decision in Basis PAC-Rim Opportunity Fund (Master) … Read More
March 14, 2017 Past Consideration Received and Acknowledged Sufficient Consideration Under Contract
On February 28, 2017, the First Department issued a decision in Neo Universe Inc. v. Ito, 2017 NY Sl… Read More
March 13, 2017 Whether Insurer Waived Limitations Period By Seeking Information Creates Question of Fact
On March 2, 2017, Justice Singh of the New York County Commercial Division issued a decision in Anth… Read More
March 13, 2017 Allegations of Malicious Prosecution and Defamation Based on Allegations in Complaint Upheld
On February 28, 2017, the First Department issued a decision in Thomas v. G2 FMV, LLC, 2017 NY Slip … Read More
March 12, 2017 Art Dealer Forfeits Commission Under Faithless Servant Doctrine
On February 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
March 11, 2017 No Waiver as a Matter of Law Found Where Contract Had Non-Waiver Clause
On March 1, 2017, the Second Department issued a decision in Sunoce Properties, Inc. v. Bally Total … Read More
March 10, 2017 First Department Examines Scope of Covenant of Good Faith and Fair Dealing
On February 28, 2017, the First Department issued a decision in Transit Funding Associates, LLC v. C… Read More
March 9, 2017 Prior Judgment From English Court Barred New Suit in New York
On February 28, 2017, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche… Read More
March 8, 2017 Continuing Wrong Doctrine Does Not Save Plaintiff's Claims Against Credit Card Issuer
On February 23, 2017, the First Department issued a decision in Henry v. Bank of America, 2017 NY Sl… Read More
March 7, 2017 No Dismissal Because of Prior Pending Action; Relief Sought Not Substantially the Same
On February 23, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Lt… Read More
March 6, 2017 Trial Court Ordered to Determine Undertaking Based on Evidentiary Submissions
On February 23, 2017, the First Department issued a decision in Spivak v. Bertrand, 2017 NY Slip Op.… Read More
March 5, 2017 Court Vacates Order Granting Motion to Dismiss Based on Plaintiff’s Counsel’s Failure to Appear at Oral Argument – a Cautionary Tale on the Importance of Using eTrack!
On February 17, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Le… Read More
March 4, 2017 Motion to Correct Judgment Cannot be Used to Litigate New Issues
On February 15, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
March 3, 2017 No Fraud Claim for Lost Profits
On February 23, 2017, the First Department issued a decision in Norcast S.ar.l. v. Castle Harlan, In… Read More
March 2, 2017 Fraud Claim Survives Split Decision Regarding When Plaintiff Could Have Discovered Claim
On February 23, 2017, the First Department issued a decision in Norddeutsche Landesbank Girozentrale… Read More
March 1, 2017 Terms and Conditions Sent to Party Several Days After Parties' Agreement Part of Contract
On February 21, 2017, the First Department issued a decision in Lion Copolymer, LLC v. Kolmar Americ… Read More
February 28, 2017 Arguments of Interest in the Court of Appeals in March 2017
Upcoming arguments in the Court of Appeals of interest to commercial litigators in March 2017 includ… Read More
February 28, 2017 Contract Claim Dismissed; Definition of Defined Term Governed, Not Usual Understanding
On February 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 27, 2017 Equitable Subrogation Not Available Against Third Party Whose Liability Arises By Contract; Case Remanded For Consideration of Contractual Subrogation Claim
On January 17, 2017, the First Department issued a decision in Millennium Holdings LLC v. Glidden Co… Read More
February 26, 2017 Discord Between LLC Members so Severe That it Justified LLC's Dissolution
On February 16, 2017, Justice Dufficy of the Queens County Commercial Division issued a decision in … Read More
February 25, 2017 Insurer Adequately Pleads Reliance on RMBS Issuer's Representations
On December 19, 2016, Justice Friedman of the New York County Commercial Division issued a decision … Read More
February 24, 2017 Default Judgment Denied For Failure to Allege or Provide Facts Showing Liability
On February 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 23, 2017 Party Waived Right to Seek Objected-To Discovery By Not Making Timely Motion to Compel
On February 14, 2017, Justice Oing of the New York County Commercial Division issued a decision in N… Read More
February 22, 2017 Court Erred in Vacating Undertaking Before Determining Damages Suffered From TRO
On February 16, 2017, the First Department issued a decision in Canales v. Finger, 2017 NY Slip Op. … Read More
February 21, 2017 Failure to Agree Does Not Violate Obligation in Term Sheet to Negotiate in Good Faith
On February 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 20, 2017 First-in-Time Analysis Under CPLR 3211(a)(4) Based on Filing of Summons With Notice
On January 12, 2017, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in… Read More
February 19, 2017 Dismissal of Fraudulent Misrepresentation Claim Based on Respondeat Superior Theory Affirmed
On February 14, 2017, the First Department issued a decision in VFP Investments I LLC v. Foot Locker… Read More
February 18, 2017 Court Rejects Claim Based on Term Sheet for Later-Memorialized Agremeent
On February 6, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
February 17, 2017 Guarantee of Borrower's Obligations Under Agreement Not Document Amenable to CPLR 3213 Action
On February 14, 2017, the First Department issued a decision in PDL Biopharma, Inc. v. Wohlstadter, … Read More
February 16, 2017 Broad Coverage Exclusion Does Not Render Insurance Policy "Illusory" Where Some Coverage Is Afforded
On February 14, 2017, the Court of Appeals issued a decision in Lend Lease (US) Construction LMB Inc… Read More
February 15, 2017 Fraud Plaintiff Was Reasonable in Relying on Opinion Letter Without Doing Independent Appraisal
On February 10, 2017, the First Department issued a decision in Remediation Capital Funding LLC v. N… Read More
February 14, 2017 First Department Affirms Dismissal of Investor Claims Against Rating Agencies as Time-Barred
On February 10, 2017, the First Department issued a decision in Varga v. McGraw Hill Financial, Inc.… Read More
February 13, 2017 Court Finds Service of Information Subpoena/Restraining Notice on Party's Counsel Adequate
On February 3, 2017, Justice Singh of the New York County Commercial Division issued a decision in D… Read More
February 12, 2017 Contract Claim Dismissed as Vague and Conclusory
On February 1, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
February 11, 2017 Dismissal for Lack of Standing Does Not Have Res Judicata Effect on Merits
On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
February 10, 2017 Failure to Inform Client of Retention of Co-Counsel Does Not Render Retainer Unenforceable
On February 9, 2017, the Court of Appeals issued a decision in Marin v. Constitution Realty, LLC, 20… Read More
February 9, 2017 Court of Appeals Accepts Certified Question on Interpretation of Reinsurance Contracts
On January 10, 2017, the Court of Appeals accepted a certified question from the Second Circuit in G… Read More
February 8, 2017 Reargument Denied When Motion Was Based On New Arguments
On January 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Bo… Read More
February 7, 2017 First Department Expands Factors Governing Approval of Nonmonetary Class Action Settlements
On February 2, 2017, the First Department issued a decision in Gordon v. Verizon Communications, Inc… Read More
February 6, 2017 LLC Member Does Not Owe Fiduciary Duty To Managing Member Or To The LLC Itself
On January 31, Justice Singh of the New York County Commercial Division issued a decision in Landes … Read More
February 5, 2017 Agreements' Forum Selection Clauses Did Not Bind Non-Signatories
On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in S… Read More
February 4, 2017 Court Issues Injunction Enforcing Covenant Not to Compete
On January 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Shimon… Read More
February 3, 2017 No Personal Jurisdiction Found Over Defendant Based on Actions of His Agents
On January 26, 2017, the First Department issued a decision in Coast to Coast Energy, Inc. v. Gasarc… Read More
February 2, 2017 Strategic Decisions, Even Flawed Ones, Generally Do Not Support a Malpractice Claim
On January 26, 2017, the First Department issued a decision in Brookwood Companies, Inc. v Alston & … Read More
February 1, 2017 Court Orders Production of Pre-Litigation Work Product
On January 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 31, 2017 Court Did Not Abuse Discretion in Precluding Expert on Interpretation of ISDA Agreement
On January 24, 2017, the First Department issued a decision in Good Hill Master Fund L.P. v Deutsche… Read More
January 30, 2017 Error of Law by Arbitrator Insufficient Basis to Vacate Award
On January 24, 2017, the First Department issued a decision in Matter of Yarmak v. Penson Financial … Read More
January 29, 2017 Plaintiff Fails to State Claim for Reporter's Failure to Publish Article Based on Plaintiffs' Exclusive Information
On January 13, 2017, Justice Ramos of the New York County Commercial Division issued a decision in R… Read More
January 28, 2017 Pre-Action Discovery Not Available to Revive Already-Dismissed Action
On January 11, 2017, Justice Oing of the New York County Commercial Division issued a decision in Cu… Read More
January 27, 2017 Derivative Action Dismissed; Demand Insufficient and Futility Not Shown (New York Count
On January 17, 2017, Justice Singh of the New York County Commercial Division issued a decision in S… Read More
January 26, 2017 Test Under Statute of Frauds Is Not Whether Verbal Contract Lasted More Than a Year
On January 11, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
January 25, 2017 Broker Entitled to Fee Under Agreement Even Though Not Procuring Cause of Sale
On January 19, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc.… Read More
January 24, 2017 Inquiry Notice of Fraud Existed When Party Received PPM That Contradicted Oral Promises
On January 19, 2017, First Department issued a decision in Hamrick v. Guralnick, 2017 NY Slip Op. 00… Read More
January 23, 2017 Court of Appeals Grants Leave to Appeal in Case Involving Valuation of Minority Partner’s Interest
On January 10, 2017, the Court of Appeals granted leave to appeal in Congel v. Malfitano, a case inv… Read More
January 22, 2017 Corporate Officer Not Bound by Corporation's Contracts
On January 12, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 21, 2017 Broad Force Majeure Clause Enforced
On January 17, 2017, the First Department issued a decision in Constellation Energy Services of New … Read More
January 20, 2017 No Dismissal on Foreign Statute of Limitations: Insufficient Evidence of Foreign Law
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 19, 2017 Party Waived Right to Serve Discovery Demands by Disregarding Case Management Order Deadlines
On January 17, 2017, the First Department issued a decision in Vandashield Ltd v. Isaacson, 2017 NY … Read More
January 18, 2017 Term Sheet Found to be Binding Contract
On January 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
January 17, 2017 Court Confirms Arbitration Award Despite Party's Misconduct
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 16, 2017 Fraudulent Inducement Claim Fails for Failure to Prove Out-of-Pocket Damages
On January 12, 2017, the First Department issued a decision in Kumiva Group, LLC v. Garda USA Inc., … Read More
January 15, 2017 Foreign Entity's Designation of Location With Secretary of State Controls for Venue Purposes
On December 21, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Simsh… Read More
January 14, 2017 Court Will Not Enforce Unreasonable Forum Selection Clause
On January 12, 2017, the First Department issued a decision in Prospect Funding Holdings L.L.C v. Ma… Read More
January 13, 2017 No Implied Ratification Where Party Received no Benefit
On January 10, 2017, the First Department issued a decision in La Candelaria E. Harlem Community Cen… Read More
January 12, 2017 Court Had Jurisdiction to Hear Motion for Time to Serve Despite Failure to Serve Within 120 Days
On January 10, 2017, the First Department issued a decision in Zegelstein v. Faust, 2017 NY Slip Op.… Read More
January 11, 2017 Court May Grant Any Relief, Demanded or not, Within its Jurisdiction Appropriate to the Proof
On January 10, 2017, the First Department issued a decision in A&F Hamilton Heights Cluster, Inc. v… Read More
January 10, 2017 Negligent Misrepresentation Claim Against Accountants Fails For Lack of Link to Plaintiff's Use
On January 5, 2017, the First Department issued a decision in GSP Finance LLC v. KPMG LLP, 2017 NY S… Read More
January 9, 2017 RMBS Issuer's Obligation to Cure Triggered by its Discovery of Defects; Notice Unnecessary
On December 29, 2016, the First Department issued a decision in U.S. Bank N.A. v GreenPoint Mortgage… Read More
January 8, 2017 CLE Program: Amendments to the Statewide Commercial Division Rules
On January 11, 2017, Lupkin & Associates partner Jonathan D. Lupkin and associate Rebecca C. Smithwi… Read More
January 7, 2017 No Breach of Contract Claim or Right to Rescind Where Alleged Breach Not Material
On December 8, 2016, Justice Walker of the Erie County Commercial division issued a decision in Matt… Read More
January 6, 2017 Conveyances Fraudulent Under Debtor Creditor Law
On December 22, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
January 5, 2017 Defamation Action Based on Claims Made in Fight to Control Co-op Board Dismissed
On December 28, 2016, the Second Department issued a decision in Holliswood Owners Corp. v. Rivera, … Read More
January 4, 2017 Absent Fraud, Board's Judgment as to Value of Consideration Received for Shares is Conclusive
On December 28, 2016, the Second Department issued a decision in KNET, Inc. v. Ruocco, 2016 NY Slip … Read More
January 3, 2017 Argument of Interest in the Court of Appeals on January 11, 2017
On Wednesday, January 11, 2017, the Court of Appeals will hear oral argument in the following insura… Read More
January 2, 2017 If Party Has No Way of Discovering Problem, Specific Disclaimer May Not Bar Claim
On December 20, 2016, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 31, 2016 That Non-Party Witness is a Commercial Division Judge Does Not Justify Change of Venue
On December 22, 2016, the First Department issued a decision in United States Fidelity & Guaranty C… Read More
December 29, 2016 Court Dismisses Both Complaint and Counterclaims for Discovery Abuses
On December 14, 2016, Justice Oing of the New York County Commercial Division issued a decision in L… Read More
December 28, 2016 No New York Common Law Right to Control Public Performances of Copyrighted Recordings
On December 20, 2016, the Court of Appeals issued a decision in Flo & Eddie, Inc. v. Sirius XM Radio… Read More
December 27, 2016 Affirmative Defense Not in Answer Not Waived Because it Was Subsequently Raised and Responded to
On December 15, 2016, the First Department issued a decision in American Stevedoring, Inc. v. Red Ho… Read More
December 26, 2016 Court Agrees to Decide Late-Filed Motion to Dismiss
On December 8, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
December 25, 2016 Court Awards Fees-on-Fees, But Drastically Cuts Referee's Award
On December 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
December 24, 2016 Insurance Law § 3404 Does Not Bar Policy Condition That Insured Building Have Sprinklers
On December 9, 2016, Justice Oing of the New York County Commercial Division issued a decision in Il… Read More
December 23, 2016 Acceptance of Bid at Auction Created Binding Agreement Notwithstanding Lack of Final Writing
On December 20, 2016, the Court of Appeals issued a decision in Stonehill Capital Management, LLC v.… Read More
December 22, 2016 Situs of Injury for Economic Damage is Where Original Critical Events Took Place
On December 7, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 21, 2016 Escrow Agent Has Fiduciary Duty to Persons With a Beneficial Interest in the Escrowed Property
On December 14, 2016, the Second Department issued a decision in Sasidharan v. Piverger, 2016 NY Sli… Read More
December 20, 2016 Update of Educational Film About the Commercial Division Released
The Commercial Division Advisory Council recently issued an updated version of its educational film … Read More
December 20, 2016 Domination, Without Fraud or Bad Act, Insufficient to Prove Veil Piercing Claim
On December 14, 2016, the Second Department issued a decision in Vivir of L I, Inc. v. Ehrenkranz, 2… Read More
December 19, 2016 AG's Statutory Fraud Claims Relating to RMBS Sales Timely
On December 13, 2016, the First Department issued a decision in People v. Credit Suisse Sec. (USA) L… Read More
December 18, 2016 Default Judgment Based on Refusal to Provide Discovery Has Collateral Estoppel Effect
On December 13, 2016, the First Department issued a decision in Metro Foundation Contractors, Inc. v… Read More
December 15, 2016 Irreparable Injury Presumed From Breach of Non-Compete Made In Connection With Sale of Business
On November 29, 2016, the First Department issued a decision in BDC Management Services, LLC v. Sing… Read More
December 14, 2016 Law Firm Equitably Estopped from Asserting Defense Against Former Client
On December 6, 2016, the First Department issued a decision in Deep Woods Holdings LLC v. Pryor Cash… Read More
December 13, 2016 Broker Not Entitled to Commission for Transaction That Did Not Close
On November 29, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
December 12, 2016 Claim for Material Misrepresentation in the Inducement of an Insurance Contract Does Not Require Submission of a Written Application for Insurance
On November 29, 2016, the First Department issued a decision in CIFG Assur. N. Am., Inc. v. J.P. Mor… Read More
December 11, 2016 Court Rejects Veil Piercing Claim; Notes That Law Enforces Both Good Deals and Bad
On November 28, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 10, 2016 Claim Based on Oral Promise to Pay Employee Fails Where Employee Handbook Required Writing
On December 1, 2016, the First Department issued a decision in Newmark & Co. Real Estate, Inc. v. Fr… Read More
December 9, 2016 Covenant of Good Faith and Fair Dealing Did Not Prevent Contract Termination
On November 30, 2016, the Second Department issued a decision in ELBT Realty, LLC v. Mineola Garden … Read More
December 8, 2016 Accounting Malpractice Claim Properly Dismissed for Lack of Privity
On November 30, 2016, the Second Department issued a decision in Weinstein v. CohnReznick, LLP, 2016… Read More
December 7, 2016 Default Judgment Reversed; Law Office Failure Sufficient Excuse
On November 29, 2016, the First Department issued a decision in Cheri Restaurant Inc. v. Eoche, 2016… Read More
December 6, 2016 Strict Compliance With Notice Provision Not Required In Real Estate Case
On November 28, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
December 5, 2016 First Department Reverses Trial Court Approval of Derivative Action Settlement
On November 29, 2016, the First Department issued a decision in Company v. Clayton Dubilier & Rice, … Read More
December 4, 2016 Court Excuses Untimely Motion for Default Judgment
On November 21, 2016, Justice Hudson of the Suffolk County Commercial division issued a decision in … Read More
December 3, 2016 Disagreement Over LLC Management Insufficient Grounds for Dissolution
On November 18, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Matte… Read More
December 2, 2016 Amended Operating Agreement Not Documentary Evidence Proving Plaintiff Was Not an LLC Member
On November 22, 2016, Justice Knipel of the Kings County Commercial Division issued a decision in Cu… Read More
December 1, 2016 Court of Appeals Grants Leave to Appeal in Case Regarding Application of Res Judicata to Unasserted Compulsory Counterclaims in Prior Federal Action
On November 22, 2016, the Court of Appeals granted leave to appeal in Paramount Pictures Corp. v. Al… Read More
November 30, 2016 Board Did Not Breach Fiduciary Duty By Entering Into Management Contract With Former Employees
On November 22, 2016, the First Department issued a decision in Doppelt v. Denahan, 2016 NY Slip Op.… Read More
November 29, 2016 Party Could Not Raise Illegality Defense After Other Party Had Performed
On November 16, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
November 28, 2016 Insurance Law § 3420 Does Not Apply to Investment Losses
On November 15, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
November 27, 2016 Party Who Agreed to Be Tie-Breaker Vote for LLC Members Had Fiduciary Duty to Members
On November 21, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
November 26, 2016 Warranty of Habitability Does Not Include Right to Create Additional Habitable Space
On November 22, 2016, the First Department issued a decision in Seigel v. Dakota, Inc., 2016 NY Slip… Read More
November 25, 2016 Transcripts and Videos of Arguments in the Court of Appeals for November 2016 Now Available
On November 7, 2016, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
November 24, 2016 Personal Jurisdiction Found Based on Use of New York Correspondent Banks to Launder Funds
On November 22, 2016, the Court of Appeals issued a decision in Rushaid v. Pictet & Cie, 2016 NY Sli… Read More
November 23, 2016 Former Employees Can be Ordered to Repay Salaries under Faithless Servant Doctrine
On November 22, 2016, the First Department issued a decision in Beach v. Touradji Capital Management… Read More
November 22, 2016 RMBS Fraud Claims Upheld; Plaintiff Was Justified in Relying on Misrepresentations
On November 17, 2016, the First Department issued a decision in Phoenix Light SF Ltd. v. Credit Suis… Read More
November 21, 2016 Failure to Give Notice and Opportunity to Defend Fatal to Indemnification Claim
On November 17, 2016, the First Department issued a decision in Conergics Corp. v. Dearborn Mid-West… Read More
November 20, 2016 At-Will Sales Employee Not Entitled to Post-Termination Commissions
On November 18, 2016, the Fourth Department issued a decision in Moore-Haarr v. Z-AXIS, Inc., 2016 N… Read More
November 19, 2016 Quasi-Contract and Tort Claims Cannot Revive Contract Claims Barred by Statute of Frauds
On November 15, 2016, the First Department issued a decision in Komolov v. Segal, 2016 NY Slip Op. 0… Read More
November 18, 2016 Once Wire Transfer Request is Accepted, Funds Become Property of the Beneficiary
On November 15, 2016, the First Department issued a decision in Bayerische Hypo-Und Vereinsbank AG v… Read More
November 17, 2016 Clothing Designs Other Than Trademarked Logos are Not Protected Intellectual Property
On November 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
November 16, 2016 Malpractice Claim Arises When Malpractice Occurs Not When Malpractice Becomes Apparent
On October 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 15, 2016 Surety Awarded Summary Judgment Against Bonded Party
On October 28, 2016, Justice Ramos of the New York County Commercial Division issued a post-trial de… Read More
November 14, 2016 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
November 13, 2016 Discovery Sanction Precluding Party From Offering Testimony or Evidence at Trial Upheld
On November 2, 2016, the Second Department issued a decision in Hasan v. 18-24 Luquer St. Realty, LL… Read More
November 12, 2016 Inability to Read English Does Not, Without More, Excuse Failure to Understand Contract
On November 2, 2016, the Second Department issued a decision in Nerey v. Greenpoint Mortgage Funding… Read More
November 11, 2016 Signer of Contract on Behalf of Later-Dissolved Corporation Not Liable on Contract
On October 26, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 10, 2016 CDO Fraud Claim Upheld; Disclaimers Did Not Shield Defendant from Liability
On November 3, 2016, the First Department issued a decision in Aozora Bank, Ltd. v. J.P. Morgan Secu… Read More
November 9, 2016 Arbitral Award Vacated for Failure to Disclose Witness's Criminal Plea Agreement
On October 21, 2016, Justice Ramos of the New York County Commercial Division issued a decision in P… Read More
November 8, 2016 No Cause of Action for Accounting Where Demand for Accounting Not Made and Refused
On November 1, 2016, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2016 N… Read More
November 8, 2016 Legal Malpractice Claims Arising in Oregon Untimely Under New York Borrowing Statute
On October 21, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 7, 2016 Argument of Interest in the Court of Appeals in November
On Monday, November 14, 2016 at 2 p.m., the Court of Appeals will hear argument in the following cas… Read More
November 7, 2016 When Party Requires that Information it Sells Be Kept Confidential, Information Still Protected
On October 25, 2016, the First Department issued a decision in BitSight Technologies, Inc. v. Securi… Read More
November 6, 2016 Dispute Covered by Arbitration Agreement Subject to Arbitration Regardless of Relief Sought
On October 26, 2016, the Second Department issued a decision in Sutphin Retail One, LLC v. Sutphin A… Read More
November 5, 2016 Court Upholds Liquidated Damages Clause
On October 26, 2016, the Second Department issued a decision in Markham Gardens, L.P. v. 511 9th, LL… Read More
November 4, 2016 Dismissal of Subsequent New York Action Under First-in-Time Rule Proper
On October 26, 2016, the Second Department issued a decision in Seneca Specialty Insurance Co. v. T.… Read More
November 3, 2016 Action Should Have Been Dismissed Under First-to-File Rule
On October 27, 2016, the First Department issued a decision in Wachtell, Lipton, Rosen & Katz v. CVR… Read More
November 2, 2016 Texas Accountant-Client Privilege Does Not Cover Response to NY AG Subpoena
On October 26, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
November 1, 2016 Additional Insured Endorsement Only Covered Parties That General Contractor Was Required By Written Contract to Name As Additional Insureds
On October 6, 2016, the First Department issued a decision in Three Boroughs, LLC v. Endurance Ameri… Read More
November 1, 2016 Managing Member of LLC Has Fiduciary Duty to Both LLC and Other Members
On October 11, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
October 31, 2016 Acquisition of Notes Champertous; Purchaser Lacks Standing to Assert Claims
On October 27, 2016, the Court of Appeals issued a decision in Justinian Capital SPC v. WestLB AG, 2… Read More
October 31, 2016 In Pari Delicto Defense Can Be Asserted Against Bankruptcy Trustee
On October 18, 2016, the First Department issued a decision in New Greenwich Litigation Trustee, LLC… Read More
October 30, 2016 Defendant's RMBS Breach Analyses Not Protected Work Product
On October 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 29, 2016 Family Relationship of Majority of Managers Does Not Excuse Demand in Derivative Suit
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 28, 2016 Attorney Properly Disqualified Under Attorney-Witness Rule
On October 19, 2016, the Second Department issued a decision in Bajohr v. Berg, 2016 NY Slip Op. 067… Read More
October 27, 2016 Argument Barred by Judicial Estoppel
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 26, 2016 Claim That Invoices Were Disputed Orally Defeats Summary Judgment on Account Stated Claim
On October 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in B… Read More
October 25, 2016 Decision to Disqualify Counsel in Arbitration is for Court, Not Arbitrator
On October 14, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 24, 2016 Allegations of Deceit or Wrongdoing Necessary for Veil Piercing Claim
On October 20, 2016, the First Department issued a decision in Pensmore Investments, LLC. v Gruppo, … Read More
October 23, 2016 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the Comme… Read More
October 21, 2016 Party That Frustrates Performance of Condition Cannot Claim Breach Based on Non-Performance
On October 4, 2016, Justice Oing of the New York County Commercial Division issued a decision in Nes… Read More
October 20, 2016 Stipulated Facts at Trial Not Actually Litigated And So Have No Collateral Estoppel Effect
On October 12, 2016, the Second Department issued a decision in Douglas Elliman, LLC v. Silver, 2016… Read More
October 19, 2016 Shareholders Had Common-Law Right to Inspect Books and Records of Corporate Subsidiary
On October 11, 2016, the First Department issued a decision in Matter of Pokoik v. 575 Realties, Inc… Read More
October 18, 2016 Return of Files One Day Later Than Called for in Settlement Agreement Not Material Breach
On October 11, 2016, the First Department issued a decision in Madison Ave. Diamonds LLC v. KGK Jewe… Read More
October 17, 2016 Broad Choice-of-Law Provision Does Not Preclude Application of Borrowing Statute (CPLR 202)
On October 11, 2016, the First Department issued a decision in 2138747 Ontario, Inc. v. Samsung C&T … Read More
October 16, 2016 Plaintiff Bound by Arbitration in Partnership Agreement Even Though He Had Not Signed Agreement
On October 11, 2016, the First Department issued a decision in Gibbs v. Holland & Knight, LLP, 2016 … Read More
October 15, 2016 Breach of Contract Claim Accrues Anew for Each Breach of a Recurring Duty to Pay
On October 4, 2016, the First Department issued a decision in Lebedev v. Blavatnik, 2016 NY Slip Op.… Read More
October 14, 2016 Tortious Interference Claims Dismissed; No Wrongful or Unjustified Conduct
On September 30, 2016, Justice Bransten of the New York County Commercial Division issued a decision… Read More
October 13, 2016 Court Orders Joinder of Prior Tenant as Necessary Party
On October 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Al… Read More
October 12, 2016 Court Properly Enjoined Litigation in Venue Other Than That Provided in Forum Selection Clause
On October 4, 2016, the First Department issued a decision in Madden International, Ltd. v. Lew Foot… Read More
October 11, 2016 Demand Futility Allegations in Amended Complaint Judged Based on Facts at Time of Amendment
On October 4, 2016, the First Department issued a decision in Korsinsky v. Winkelreid, 2016 NY Slip … Read More
October 10, 2016 Insured Not Entitled To Recover Attorneys’ Fees in Coverage Action
On September 30, 2016, the Fourth Department issued a decision in Zelasko Constr., Inc. v. Merchants… Read More
October 9, 2016 Arguments of Interest in the Court of Appeals in October
Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include: Flo &… Read More
October 8, 2016 Transcripts and Videos of Arguments in the Court of Appeals for September 2016 Now Available
On August 25, 2016, we noted two cases of interest from the oral arguments before the Court of Appea… Read More
October 7, 2016 No Contract Claim Where Plaintiff Did Not Give Required Notice and Opportunity to Cure
On September 27, 2016, the First Department issued a decision in Safka Holdings, LLC v. 220 W. 57th … Read More
October 6, 2016 Antitrust Violation Defense to Contract Claim Only if Contract Memorializes the Violation
On September 20, 2016, Justice Oing of the New York County Commercial Division issued a decision in … Read More
October 5, 2016 Non-Party Did Not Waive Common Interest Privilege
On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfie… Read More
October 4, 2016 Additional Insured Clause Covers Only Those With Written Contracts Directly With Named Insured
On September 15, 2016, the First Department issued a decision in Gilbane Building Co./TDX Constructi… Read More
October 2, 2016 No Irreparable Harm Justifying Injunction When Damages Calculable
On September 27, 2016, the First Department issued a decision in Cityfront Hotel Assoc. Ltd. Partner… Read More
October 1, 2016 Lanham Act/GBL Causes of Action Based on False Claim of Having Founded Company Dismissed
On September 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in … Read More
September 30, 2016 Plaintiff Fails to Show That it Was Additional Insured
On September 19, 2016, Justice Marks of the New York County Commercial Division issued a decision in… Read More
September 29, 2016 RMBS Suit Stayed in Favor of Prior Pending Action in Wisconsin
On September 20, 2016, Justice Friedman of the New York County Commercial Division issued a decision… Read More
September 28, 2016 Work Other than Negotiating Business Opportunity Not Barred by Statute of Frauds
On September 22, 2016, the First Department issued a decision in Dorfman v. Reffkin, 2016 NY Slip Op… Read More
September 27, 2016 Contract Entitled Prevailing Party to Fees, But Not Fees on Fees
On September 8, 2016, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
September 26, 2016 Implied Covenant of Good Faith and Fair Dealing Claim Should Have Been Dismissed
On September 14, 2016, the Second Department issued a decision in 1357 Tarrytown Road Auto, LLC v. G… Read More
September 25, 2016 Claim Alleging Partial Performance of Oral Modification of Written Contract Adequate
On August 18, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Ob… Read More
September 24, 2016 Broker Not Entitled to Commission Where Closing Was a Condition And There Was No Closing
On September 15, 2016, the First Department issued a decision in NRT N.Y. LLC v. Johnson, 2016 NY Sl… Read More
September 23, 2016 If Defendant Fails to Make Prima Facie Case, Court Need Not Consider Plaintiff's Opposition
On September 14, 2016, the Second Department issued a decision in Katz v. Beil, 2016 NY Slip Op. 059… Read More
September 22, 2016 Assignee Lacked Standing; Assignment of Right to Pursue Remedies on Notes Did Not Transfer Claims
On September 15, 2016, the First Department issued a decision in Cortlandt St. Recovery Corp. v. Hel… Read More
September 20, 2016 Constructive Eviction Claims Survive Motion to Dismiss
On September 6, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
September 19, 2016 Promissory Note's Reference to Sales Contracts Does Not Defeat Summary Judgment
On September 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in K… Read More
September 18, 2016 Use of Unjustly Received Information Can be Basis for Unjust Enrichment Claim
On September 12, 2016, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
September 17, 2016 CLE Program: Practicing in NYS Supreme Court
On October 5, 2016, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the … Read More
September 16, 2016 Late Notice Defense Not Waived as a Matter of Law by Failing to Include it in Disclaimer Letters
On September 15, 2016, the Court of Appeals issued a decision in Estee Lauder Inc. v. OneBeacon Insu… Read More
September 15, 2016 Fraudulent Conveyance Claim Against Arm's Length Transaction OK Where Badges of Fraud Alleged
On September 8, 2016, the First Department issued a decision in 172 Van Duzer Realty Corp. v. 878 Ed… Read More
September 14, 2016 Claims Against RMBS Sponsor Survive Despite Time-Barred Claims Against Originator
On September 7, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
September 13, 2016 NYC Not Obligated to Pay for Work Done Under Improperly-Granted Contract
On August 26, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 12, 2016 Public Contract Procured by Fraud Unenforceable and Amounts Paid Recoverable as Damages
On August 25, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 11, 2016 Fraud Claim Sufficient if Allegations Create a Reasonable Inference of Alleged Conduct
On August 29, 2016, Justice Singh of the New York County Commercial Division issued a decision in Ah… Read More
September 10, 2016 Untimely Motion for Default Judgment Dismissed
On August 24, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
September 9, 2016 Lease Not Terminated Due to Failure Strictly to Comply With Notice Provisions
On August 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 8, 2016 Civil Rights Law § 51 Claims For Misuse Of Likeness Against Grand Theft Auto V Dismissed On Appeal
On September 1, 2016, the First Department issued a decision in Gravano v. Take-Two Interactive Soft… Read More
September 7, 2016 Plaintiff With Access to Corporate Records Was Not Reasonable in Relying on Misrepresentations
On September 1, 2016, the First Department issued a decision in MP Cool Investments Ltd. v. Forkosh,… Read More
September 6, 2016 Where Loss From Environmental Damage Is Subject to Pro Rata Allocation, Insured Is Responsible For Periods When Insurance Was Unavailable
On September 1, 2016, the First Department issued a decision in Keyspan Gas East Corp. v. Munich Rei… Read More
September 5, 2016 For Relation Back Under CPLR 205, "Prior Action" Must Have Been in New York
On August 26, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
September 4, 2016 Continuous Representation Tolls Statute of Limitations, Not Accrual of a Claim Itself
On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 3, 2016 Legal Malpractice Claim Based on Later-Reversed Ruling Upheld
On August 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 2, 2016 Party’s Sale of Server During Lawsuit Leads to Adverse Inference As Sanction for Spoliation
On August 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 1, 2016 New York’s Borrowing Statute Applies Even Where Parties’ Contract Contains Mandatory New York Forum Selection Clause
On August 24, 2016, Justice Oing of the New York County Commercial Division issued a decision in All… Read More
August 31, 2016 Plaintiff Required to Replead Alleged Oral Agreement With More Detail
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 30, 2016 GBL 349 Claim By Law Firm Against Lender Dismissed
On August 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Cit… Read More
August 29, 2016 When Corporate Dissolution is Annulled it Retroactively Validates Contracts
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 28, 2016 An Interested Person May be Allowed to Intervene in Special Proceeding to Recover Debt
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 27, 2016 Motion to Amend Denied for Failure to Show or Explain and Justify Changes
On August 17, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 26, 2016 Contract Claim Based On Oral Agreement Regarding Investment Upheld
On August 18, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 24, 2016 “Made Whole Rule,” Which Limits An Insurer’s Recovery in Subrogation Claim, Does Not Apply to Salvage Recovery
On August 8, 2016, Justice Oing of the New York County Commercial Division issued a decision in Pote… Read More
August 23, 2016 Claims Against Insurer Dismissed Where Allegations Fail to Tie it to Policy at Issue
On August 11, 2016, Justice Oing of the New York County Commercial Division issued a decision in Cha… Read More
August 22, 2016 Publicity Agent's Negative E-Mails Constitute Breach of Covenant of Good Faith and Fair Dealing
On August 18, 2016, the First Department issued a decision in Rebecca Broadway L.P. v. Hotton, 2016 … Read More
August 21, 2016 Claims Not Subject to Arbitration Stayed Pending Arbitration of Related Claims
On August 16, 2016, Justice Oing of the New York County Commercial Division issued a decision in Moy… Read More
August 21, 2016 Service on Corporate Officer Found Insufficient When Officer Was Adverse Party
On August 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 20, 2016 Law Firm Records Ordered Produced Under Crime-Fraud Exception
On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 19, 2016 Corporate Officer Who Personally Commits Tort May be Held Independently Liable
On August 10, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 18, 2016 Company Policy Manual That Could be Amended or Withdrawn Unilaterally Found Not Binding
On August 17, 2016, the Second Department issued a decision in Cohen v. National Grid USA, 2016 NY S… Read More
August 17, 2016 Inquest Required in Default if Insufficient Evidence of Damages
On August 3, 2016, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
August 16, 2016 First Department Reinstates Contract Claims for Gross Negligence Against RMBS Securitizer
On August 11, 2016, the First Department issued a decision in Morgan Stanley Mortgage Loan Trust 200… Read More
August 15, 2016 Accrual Provision Extending Time to Bring Breach of Contract Claim Unenforceable
On August 11, 2016, the First Department issued a decision in Deutsche Bank National Trust Co. v. Fl… Read More
August 14, 2016 Designation of Party As Agent Did Not Make it a Fiduciary
On August 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 13, 2016 No Defamation Claim for Failure to Allege Place Where the Defamatory Statement Was Made
On August 11, 2016, the First Department issued a decision in Beach v. Touradji Capital Management, … Read More
August 12, 2016 First Department Clarifies Fraud Pleading Standards
On August 11, 2016, the First Department issued a decision in IKB International, S.A. v. Morgan Stan… Read More
August 10, 2016 Not Maintaining Security Deposit in New York Bank Branch Violates GOL § 7-103; No Damages
On August 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
August 9, 2016 Disagreements With Counsel's Professional Decisions on Trial Strategy Not Actionable
On July 28, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 8, 2016 Failure Timely to Object to Discovery Demands Waives Objections
On August 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Sta… Read More
August 7, 2016 "Sole Discretion" Provision Must Be Exercised in Good Faith
On July 29, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 6, 2016 Court Explains Limits to Claim for Unjust Enrichment
On July 29, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 5, 2016 Fact Questions Regarding Board's Good Faith Valuation of Shares Precludes Dismissal
On July 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in Sale… Read More
August 3, 2016 Fraud Claim Survives Despite Merger Clause Disclaiming Extra-Contractual Representations
On July 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in 438 … Read More
August 1, 2016 Contract Claim Dismissed on Summary Judgment for Failure to Prove Damages
On July 19, 2016, Justice Bransten of the New York County Commercial Division issued a decision in M… Read More
July 31, 2016 Shareholder Agreement's Buy-Out Terms Not Applicable in Dissolution Proceeding
On July 21, 2016, Justice Knipel of the Kings County Supreme Court issued a decision in Matter of Pi… Read More
July 30, 2016 Continuous Representation Doctrine Saves Claims Against Auditor from Dismissal
On July 25, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in Jef… Read More
July 29, 2016 Agreement Contemplating Later Execution of a More-Detailed Agreement Is Still Binding Contract
On July 28, 2016, the First Department issued a decision in Moshan v. PMB, LLC, 2016 NY Slip Op. 056… Read More
July 28, 2016 Court Distinguishes Clauses Relating to a Party's Subjective or Objective Satisfaction
On June 29, 2016, Justice Bransten of the New York County Commercial Division issued a decision in I… Read More
July 27, 2016 Complaint Dismissed, Fees Awarded, for Disclosing Confidential Settlement Negotiations
On July 12, 2016, Justice Ramos of the New York County Commercial issued a decision in Board of Mana… Read More
July 26, 2016 Res Judicata Bars Assertion of Claim That Was Compulsory Counterclaim in Prior Federal Action
On July 21, 2016, the First Department issued a decision in Paramount Pictures Corp. v. Allianz Risk… Read More
July 25, 2016 Agent for a Principal with no Legal Status Is Personally Liable for Contract
On July 12, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 24, 2016 Insurer's Disclaimer of Coverage Excused Insured from Obtaining Its Consent to Settlement
On July 7, 2016, Justice Ramos of the New York County Commercial Division issued a decision in J.P. … Read More
July 23, 2016 Tax Estoppel Prevents Claim That Payment Was Earnings After Reporting it as a Gift
On July 7, 2016, Justice Singh of the New York County Commercial Division issued an opinion in Glikl… Read More
July 21, 2016 Actions Dismissed on Standing Grounds May be Refiled Pursuant to CPLR 205
On July 7, 2016, the First Department issued a decision in U.S. Bank N.A v. DLJ Mortgage Capital, In… Read More
July 20, 2016 Modification of Agreement Cannot Increase Obligation of Guarantor, But Does Not End It
On June 27, 2016, Justice Bransten of the New York County Commercial Division issued a decision in T… Read More
July 19, 2016 Inquiry into Commercial Reasonableness Only Permitted Where Contract is Ambiguous
On July 7, 2016, Justice Friedman of the New York County Commercial Division issued a decision in Bl… Read More
July 18, 2016 Continuing Violation Doctrine Not Applicable Where Plaintiff Suffers Discrete Harms
On June 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in I… Read More
July 17, 2016 Assignee of LLC Membership Interest Lacked Standing to Bring Derivative Action
On June 24, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 16, 2016 Court Should Have Valued Shares at Time They Should Have Been Transferred
On July 5, 2016, the First Department issued a decision in Moore v. IGPS Co. LLC, 2016 NY Slip Op. 0… Read More
July 15, 2016 Guest Post: Doing the Numbers on the Commercial Division: Episode One: How Big Is It, Anyway?
This is the first in a series of posts presenting a quantitative description of the Commercial Divis… Read More
July 15, 2016 Prior to Default, RMBS Trustees Owe Note Holders Extracontractual Duty to Perform Basic Functions
On July 5, 2016, the First Department issued a decision in Commerce Bank v. Bank of N.Y. Mellon, 201… Read More
July 14, 2016 Communications by Defendant's Counsel to Defendant's Agents Held to be Privileged
On July 5, 2016, the First Department issued a decision in BEW Parking Corp. v. Apthorp Associates L… Read More
July 13, 2016 Plaintiffs Not Entitled to Equitable Tolling Despite Auction House's Refusal to Discuss Dispute
On July 7, 2016, the First Department issued a decision in Kainer v. Christie's Inc., 2016 NY Slip O… Read More
July 12, 2016 Dismissing Complaint Warranted Only if Spoliated Evidence Was Sole Means of Establishing Defense
On June 28, 2016, the First Department issued a decision in Arbor Realty Funding, LLC v. Herrick, Fe… Read More
July 11, 2016 Collateral Estoppel Bars Plaintiff from Litigating Factual Issues Determined in Prior Arbitration
On June 30, 2016, the First Department issued a decision in Advanced Aerofoil Technologies AG v. Mis… Read More
July 10, 2016 Derivative Complaint Dismissed for Failure Adequately to Allege Demand Futility
On June 27, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Guzman v.… Read More
July 9, 2016 Purchaser Cannot Rely on Tenant Estoppel Certificate it Knows to Be Contrary to Fact
On June 27, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Flatbush … Read More
July 8, 2016 Communications Regarding Ethical Obligations Not Subject to Disclosure Under Fiduciary Exception
On June 30, 2016, the First Department issued a decision in Stock v. Schnader Harrison Segal & Lewis… Read More
July 7, 2016 Arbitral Award Must be Confirmed if Not Irrational
On June 29, 2016, the Second Department issued a decision in Structure Tek Construction, Inc. v. Wat… Read More
July 6, 2016 Defendants' E-Mails Confirming Material Elements of Oral Agreement Satisfy Statute of Frauds
On June 28, 2016, the First Department issued a decision in Josephberg v. Crede Capital Group, LLC, … Read More
July 5, 2016 Justices Oing and Scarpulla Update Part Rules
Justice Jeffrey K. Oing of the New York County Commercial Division recently updated his part practic… Read More
July 5, 2016 Plaintiff Cannot Establish Reliance Element of Fraud Claim by Showing Only Third Party Reliance
On June 30, 2016, the Court of Appeals issued a decision in Pasternack v. Laboratory Corp. of Americ… Read More
July 4, 2016 Parties Who Did Not Sign Contract With a Forum Selection Clause May Still Be Bound By It
On June 20, 2016, Justice Singh of the New York County Commercial Division issued a decision in Pega… Read More
July 3, 2016 New York Forum Selection Clause Gave Court Jurisdiction to Hold Party in Contempt
On June 23, 2016, the First Department issued a decision in Gliklad v. Cherney, 2016 NY Slip Op. 050… Read More
July 2, 2016 Officers of Dissolved Corporation Held Individually Liable for Post-Dissolution Debts
On June 23, 2016, the First Department issued a decision in Indigo Secured High Income Note, Ltd. v.… Read More
July 1, 2016 Violation of Disciplinary Rule, Without More, Insufficient Basis for Legal Malpractice Claim
On June 23, 2016, the First Department issued a decision in Fletcher v. Boies, Schiller & Flexner LL… Read More
June 30, 2016 Order Issued Without Motion Made on Formal Notice Held Appealable as of Right
On June 23, 2016, the First Department issued a decision in Bank of N.Y. Mellon v WMC Mortgage, LLC,… Read More
June 29, 2016 Appeal Timely; Orders Served Below Not Stamped by Clerk With Date and Place of Entry
On June 23, 2016, the First Department issued a decision in Pac Fung Feather Co. Ltd. v. Porthault N… Read More
June 28, 2016 The Law Does Not Imply Reasonable Time for Performance Where Only Obligation is Payment of Money
On June 21, 2016, the First Department issued a decision in Castlestone Management LLC v. Diamond, 2… Read More
June 27, 2016 Claim for Breach of Representations Accrues at Later of As Of or Execution Date
On June 14, 2016, Justice Friedman of the New York County Commercial Division issued a decision in W… Read More
June 26, 2016 Law of the Case Does Not Apply When a Summary Judgment Motion Follows Motion to Dismiss
On June 15, 2016, Justice Bransten of the New York County Commercial Division issued a decision in K… Read More
June 25, 2016 Notice Provision Not Condition Precedent That Results in a Forfeiture
On June 21, 2016, the First Department issued a decision in EidosMedia Inc. v. Citigroup Technology,… Read More
June 24, 2016 REMINDER: CLE Program: Mediation in the Federal Courts
On June 27, 2016, Schlam Stone & Dolan partner John Lundin will co-moderate a CLE program at the… Read More
June 24, 2016 New York County Expands Mediation Program to Commercial Cases in Parts Outside the Commercial Division
On May 24, 2016, First Judicial District Administrative Judge Moulton issued an administrative order… Read More
June 24, 2016 Control and Domination Alone Insufficient to Justify Alter Ego Liability
On June 14, 2016, the First Department issued a decision in Cornwall Management Ltd. v. Kambolin, 20… Read More
June 23, 2016 RMBS Trustee Plaintiff Entitled to Reimbursment of Attorneys' Fees From Defendant
On June 16, 2016, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mortgage Capital, … Read More
June 22, 2016 Vacature Based on New Evidence Denied For Lack of Explanation Why Evidence Not Discovered Earlier
On June 16, 2016, the First Department issued a decision in Molina v. Chladek, 2016 NY Slip Op. 0480… Read More
June 21, 2016 Antisubrogation Rule Does Not Apply to Non-Insured Parties
On May 5, 2015, the Court of Appeals issued a decision in Millennium Holdings LLC v. Glidden Co., 20… Read More
June 20, 2016 At-Will Employee Not Entitled to Post-termination Commissions
On June 2, 2016, the First Department issued a decision in Holahan v. 488 Performance Group, Inc., 2… Read More
June 19, 2016 Arbitration Provision of Prompt Payment Act Trumps Contract's Dispute Resolution Clause
On June 9, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in Capit… Read More
June 18, 2016 What Opponent Paid its Counsel is Relevant In Dispute of Reasonableness of Attorneys' Fees
On June 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in Macy's… Read More
June 17, 2016 Ongoing Negotiation of Formal Agreement Shows Intent Not to Be Bound by Informal Agreement
On May 23, 2016, Justice Oing of the New York County Commercial Division issued a decision in AEG Li… Read More
June 16, 2016 Law Firm’s Loss of Business During Hurricane Sandy Not Covered By Business Interruption Insurance; Claim For Coverage Arising From Computer Virus Proceeds
On April 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in Borah… Read More
June 15, 2016 Counterclaims Dismissed Because Not Made Against Plaintiff or Person Whom Plaintiff Represents
On June 7, 2016, the First Department issued a decision in Mutual Benefits Offshore Fund v. Zeltser,… Read More
June 14, 2016 For Common Interest Privilege to Apply, Communications Must Relate to Litigation
On June 9, 2016, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Home… Read More
June 14, 2016 Court Enjoins Participation in Out-of-State Action Violating New York Forum Selection Clause
On May 27, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in G… Read More
June 13, 2016 Upcoming Events Featuring Commercial Division Justices
On June 21, 2016, there will be two NYSBA-sponsored events featuring Commercial Division justices: W… Read More
June 13, 2016 Commercial Division Remands Party To Jail For Civil Contempt
On June 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in G… Read More
June 12, 2016 State Court Can Determine Dischargeability of Debt Not Scheduled in Bankruptcy Case
On May 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Gl… Read More
June 11, 2016 Untimely Yellowstone Injunction Denied
On May 26, 2016, Justice Singh of the New York County Commercial Division issued a decision in Wests… Read More
June 10, 2016 State Court Has Power to Extend Bankruptcy Stay to Non-Bankrupt Party
On May 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in Deuts… Read More
June 9, 2016 Surety Awarded Summary Judgment Against Bonded Party
On May 25, 2016, Justice Singh of the New York County Commercial Division issued a decision and orde… Read More
June 8, 2016 A General Disclaimer of Collateral Representations Does Not Preclude All Fraud Claims
On May 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in P… Read More
June 7, 2016 Supreme Court Lacked Jurisdiction to Award Statutory Interest in Action it Had Dismissed
On June 2, 2016, the Court of Appeals issued a decision in CRP/Extell Parcel I, L.P. v. Cuomo, 2016 … Read More
June 6, 2016 Sophisticated Investor Must Plead Due Diligence Adequately to Plead Reasonable Reliance
On May 31, 2016, the First Department issued a decision in MP Cool Investments Ltd. v. Forkosh, 2016… Read More
June 5, 2016 Arbitration Clause Giving Arbitrators Power to Resolve Arbitrability Controls
On May 31, 2016, the First Department issued a decision in Skyline Steel, LLC v. PilePro LLC, 2016 N… Read More
June 4, 2016 Arguments of Interest In the Court of Appeals for the Week of May 30, 2016
Upcoming oral argument in the Court of Appeals that may be of interest to commercial litigators incl… Read More
June 3, 2016 Letters Rogatory Denied for Failure to Show that Discovery is Crucial to Resolution of Key Issue
On May 31, 2016, the First Department issued a decision in Kahn v. Leo Schachter Diamonds, LLC, 2016… Read More
June 2, 2016 Corporate Veil Pierced Only Where Owner's Complete Domination Used to Commit Fraud or Wrong
On May 31, 2016, the First Department issued a decision in JTS Trading Ltd. v. Trinity White City Ve… Read More
June 1, 2016 Pre-Suit Demand Without Opportunity to Investigate Insufficient in Derivative Action
On May 31, 2016, the First Department issued a decision in Culligan Soft Water Co. v. Clayton Dubili… Read More
May 31, 2016 Fraud Claims Relying on Unnamed Third-Party's Report of Alleged Overheard Conversation Dismissed
On May 26, 2016, the First Department issued a decision in Manda Intl. Corp. v. Yager, 2016 NY Slip … Read More
May 30, 2016 Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of April 25, 2016, and May 2, 2016, Now Available
On April 22, 2016, we noted six cases of interest from the oral arguments before the Court of Appeal… Read More
May 29, 2016 Summary Judgment Motion Denied Because Made Before Joinder of Issue
On May 24, 2016, the First Department issued a decision in Stone Column Trading House Ltd. v. Beogra… Read More
May 28, 2016 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
May 27, 2016 Order Declining to Sign Order to Show Cause is Not Appealable
On May 26, 2016, the First Department issued a decision in Matter of Azeem v. Murphy, 2016 NY Slip O… Read More
May 26, 2016 Res Judicata Bars Claim Not Raised in Prior Action
On May 10, 2016, the First Department issued a decision in Wietschner v. Dimon, 2016 NY Slip Op. 036… Read More
May 25, 2016 Agreement Setting Price Term by Reference to Commercial Practice or Trade Usage Valid
On May 17, 2016, the First Department issued a decision in Cowen & Co., LLC v. Fiserv, Inc., 2016 NY… Read More
May 24, 2016 Party That Failed to Give Contractually-Required Notice Prior to Bringing Suit Lacked Standing
On May 17, 2016, the First Department issued a decision in Nomura Asset Acceptance Corp. Alternative… Read More
May 23, 2016 Inclusion of No Oral Modification Clause In Employment Agreement Does Not Change At-Will Status
On May 19, 2016, the First Department issued a decision in Gootee v. Global Credit Services, LLC, 20… Read More
May 22, 2016 No Oral Modification Clause Bars Breach of Contract and Promissory Estoppel Claims
On May 9, 2016, Justice Singh of the New York County Commercial Division issued a decision in Rivera… Read More
May 21, 2016 Partial Payment After Statute of Limitations Expires May Toll or Restart It
On May 10, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decision … Read More
May 20, 2016 "Pay-When-Paid" Provision in Subcontract Unenforceable as Contrary to Public Policy
On May 17, 2016, the First Department issued a decision in Nevco Contracting Inc. v. R.P. Brennan Ge… Read More
May 19, 2016 Breach of Contract Claim Barred for Failure to Provide Contractually-Required Notice
On May 18, 2016, the Second Department issued a decision in Schindler Elevator Corp. v. Tully Constr… Read More
May 18, 2016 Motion for Contempt Denied for Failure to Provide Statutory Warning
On May 18, 2016, the Second Department issued a decision in Community Preservation Corp. v Northern … Read More
May 17, 2016 Question of Arbitrability is Issue for Court, Not Arbitrator
On April 26, 2016, the First Department issued a decision in Garthon Bus. Inc. v. Stein, 2016 NY Sli… Read More
May 16, 2016 Going-Private Mergers Subject to Business Judgment Rule So Long As Shareholders Protected
On May 5, 2016, the Court of Appeals issued a decision in Matter of Kenneth Cole Products, Inc., 201… Read More
May 15, 2016 Notice of Impending Dismissal of Putative Class Action Required Even if Class Not Yet Certified
On May 12, 2016, the First Department issued a decision in Vasquez v. National Securities Corp., 201… Read More
May 14, 2016 Yellowstone Proceeding Found to be Timely
On May 3, 2016, the First Department issued a decision in 117-119 Leasing Corp. v. Reliable Wool Sto… Read More
May 13, 2016 Late Attorney Disqualification Motion Justified By Change In Factual Circumstances
On May 10, 2016, the First Department issued a decision in Anderson & Anderson LLP v. North American… Read More
May 12, 2016 Class Action Settlement Must Include Opt-Out Rights
On May 5, 2016, the Court of Appeals issued a decision in Jiannaras v. Alfant, 2016 NY Slip Op. 0354… Read More
May 11, 2016 Plaintiff Fails to Meet Heavy Burden of Proving Exception to "No Damages For Delay" Clause
On May 3, 2016, the First Department issued a decision in Advanced Automatic Sprinkler Co., Inc. v. … Read More
May 10, 2016 Lender May Charge Reasonable Expenses Attendant to Loan Without Making Loan Usurious
On May 2, 2016, Justice Emerson of the Suffolk County Commercial Division issued a decision in Aquil… Read More
May 9, 2016 Court Properly Ordered Deposition of Transactional Counsel; Privilege Assertions Must Be Specific
On May 5, 2016, the First Department issued a decision in China Privatization Fund (Del.), L.P. v. G… Read More
May 9, 2016 Justice Ostrager Posts Part Rules
Justice Barry R. Ostrager of the New York County Commercial Division recently posted his part practi… Read More
May 8, 2016 Court Holds on Summary Judgment that Partnership Did Not Exist
On April 22, 2016, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in H… Read More
May 7, 2016 Court Grants Fraudulent Conveyance Claim, Attorneys' Fees, on Summary Judgment
On April 13, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 6, 2016 Fraud Claims Dismissed for Failure to Plead Out-of-Pocket Loss
On April 25, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 5, 2016 Claim for Not Paying Escrowed Funds Timely Even Though Claim for Failure to Create Escrow Was Not
On April 28, 2016, the First Department issued a decision in Golden Technology Management, LLC v. Ne… Read More
May 4, 2016 Executive At Will Employee Despite Payment Schedules Showing Fixed Period of Employment
On April 13, 2016, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
May 3, 2016 Assignee of Claims Allowed to Substitute in As Party in Lieu of Dismissed Assignor
On April 13, 2016, Justice Singh of the New York County Commercial Division issued a decision in Inv… Read More
May 3, 2016 Theft of Data on Servers Located in New York Insufficient Basis for Personal Jurisdiction
On April 25, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Delfasco… Read More
May 2, 2016 General Merger Clause in Contract for Sale of Business Does Not Preclude Fraudulent Inducement Claim
On April 12, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Fer… Read More
May 1, 2016 Efforts to Remedy Alleged Errors Can Trigger Continuous Representation Doctrine
On April 20, 2016, the Second Department issued a decision in Bronstein v. Omega Construction Group,… Read More
April 30, 2016 Unjust Enrichment Claim Against Company Owner Based on Payments Made to Company Upheld
On April 20, 2016, the Second Department issued a decision in Shah v. Exxis, Inc., 2016 NY Slip Op. … Read More
April 29, 2016 Guaranty Waiving All Affirmative Defenses Precludes Statute of Limitations Dismissal
On April 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 28, 2016 Cost of Structural Repairs Not Linked to Covered Damage Do Not Fall Within Property Insurance Policy’s "Blanket Ordinance or Law Coverage Endorsement"
On April 21, 2016, the First Department issued a decision in St. George Tower v. Insurance Co. of Gr… Read More
April 27, 2016 Account Stated Claim Properly Dismissed; Invoice Relied Upon Sent After Parties Were in Dispute
On April 20, 2016, the Second Department issued a decision in Episcopal Health Services, Inc. v. POM… Read More
April 26, 2016 First Department Upholds Sanctions For "Profanity-Laden Attack on Lawyer Conducting Deposition"
On April 19, 2016, the First Department issued a decision in Freidman v. Yakov, 2016 NY Slip Op. 029… Read More
April 25, 2016 Inaction in Face of Alleged Knowledge of Another's Wrongdoing Not Aiding and Abetting
On April 19, 2016, the First Department issued a decision in Balanced Return Fund Ltd. v. Royal Bank… Read More
April 24, 2016 Question of Fact Whether Insurance Policy Covered Affiliates of Sole Named Insured
On March 30, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 23, 2016 Motion to Dismiss Based on Testimony in Other Actions Denied; Questions of Fact Remain
On March 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 22, 2016 Arguments of Interest In the Court of Appeals for the Weeks of April 25, 2016 and May 2, 2016
Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators inc… Read More
April 21, 2016 Court Refuses to Dismiss Action Based on Insufficiently-Detailed Summons With Notice
On March 9, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 20, 2016 Forum Selection Clause Can Bind Nonsignatory Closely Related to Signatory and Dispute
On March 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 19, 2016 Unanimous Consent of Partners Needed to Sell All of Partnership's Property
On April 12, 2016, the First Department issued a decision in Cara Associates, L.L.C. v. Milstein, 20… Read More
April 18, 2016 Breach of Contract Claim Properly Dismissed for Failure to Plead Consideration or Damages
On April 14, 2016, the First Department issued a decision in Vista Food Exchange, Inc. v. BenefitMal… Read More
April 17, 2016 No Appeal as of Right From Order Which Does Not Decide a Motion Made on Notice
On April 13, 2016, the Second Department issued a decision in Spodek v. Neiss, 2016 NY Slip Op. 0280… Read More
April 16, 2016 Oral Agreement to Form Entities to Buy Real Property Not Subject to Statute of Frauds
On April 12, 2016, the First Department issued a decision in Retter v. Zyskind, 2016 NY Slip Op. 027… Read More
April 15, 2016 Business Judgment Does Not Protect Decision Where Some Partners Benefited Differently Than Others
On April 12, 2016, the First Department issued a decision in Pokoik v. Norsel Realties, 2016 NY Slip… Read More
April 14, 2016 Contract Trumps Arbitration Provisions of General Business Law Article 35-E
On April 14, 2016, the Third Department issued a decision in Matter of Capital Siding & Construction… Read More
April 13, 2016 Additional Insured Satisfied Liability Policy's Notice Requirement
On March 24, 2016, the Court of Appeals issued a decision in Spoleta Construction, LLC v. Aspen Insu… Read More
April 12, 2016 LLP Law Bars Claim Against Dewey LeBoeuf Partners
On April 1, 2016, Justice Scarpulla of the New York County Commercial Division issued a Decision & O… Read More
April 11, 2016 Agreement to Agree Unenforceable
On April 6, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Lipt… Read More
April 10, 2016 No Civil Cause of Action for Subornation of Perjury in Prior Civil Action
On March 31, 2016, the First Department issued a decision in Serrante v. Moses & Singer LLP, 2016 NY… Read More
April 9, 2016 Trial Court Should Have Vacated Note of Issue Because Discovery Was Not Complete
On March 30, 2016, the Second Department issued a decision in Singh v. CBCS Construction Corp., 2016… Read More
April 9, 2016 Court Refuses to Vacate Default Judgment for Lack of Reasonable Excuse for Default
On April 4, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 8, 2016 Fraud Claim Time-Barred Under Two-Year Discovery Rule
On March 31, 2016, the First Department issued a decision in Aozora Bank, Ltd. v. Deutsche Bank Secu… Read More
April 7, 2016 Deed Covenant Requiring Provision of Free Electricity Did Not Run With Land
On March 31, 2016, the Third Department issued a decision in Niagara Mohawk Power Corp. v. Allied He… Read More
April 6, 2016 Agent Associated With Broker Can Look Only to Broker, Not Client, For Unpaid Commission
On March 24, 2016, Justice Singh of the New York County Commercial division issued a decision in Dou… Read More
April 5, 2016 Client's Death Severs Attorney-Client Relationship, Ending Any Tolling
On March 24, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Dav… Read More
April 4, 2016 Fraud Claim Dismissed for Failure Adequately to Plead Scienter
On March 24, 2016, the First Department issued a decision in Israel Discount Bank of N.Y. v. EisnerA… Read More
April 3, 2016 LLC Member's Communications with LLC's Counsel Not Privileged in Dispute Over LLC Ownership
On March 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Meis… Read More
April 2, 2016 Statute of Frauds Applies to Transfer of Stock in Entity Whose Only Asset is Real Property
On March 16, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Jer… Read More
April 1, 2016 Court Allows Filing of Redacted Complaint
On March 22, 2016, Justice Singh of the New York County Commercial Division issued a decision in SYN… Read More
March 31, 2016 Financial Advisor Not a Professional That Can Be Liable for Professional Negligence
On March 24, 2016, the First Department issued a decision in Starr v. Fuoco Group LLP, 2016 NY Slip … Read More
March 30, 2016 LLC Member Costs in Defending Dissolution Proceeding Not Payable With LLC Funds
On March 23, 2016, the Second Department issued three decisions in Matter of Kassab v Kasab: 2016 NY… Read More
March 29, 2016 Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claims Sounding in Fraud
On March 15, 2016, the First Department issued a decision in Cusimano v. Schnurr, 2016 NY Slip Op. 0… Read More
March 29, 2016 Right to Sue on an Obligation does not Accrue Until an Amount is Due and Payable
On March 17, 2016, the First Department issued a decision in Wald v. Graev, 2016 NY Slip Op. 01910, … Read More
March 28, 2016 Judiciary Law Section 487 Claim Should Be Brought in Action Where Alleged Misconduct Occurred
On March 15, 2016, the First Department issued a decision in Little Rest Twelve, Inc. v. Zajic, 2016… Read More
March 28, 2016 Agreement Relating to Billboard Was a Lease, Not a License
On March 17, 2016, the First Department issued a decision in Z. Justin Management Co., Inc. v. Metro… Read More
March 27, 2016 Plaintiff May Seek Specific Performance Requiring Defendant to Cooperate in Obtaining Permits
On March 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Litt… Read More
March 25, 2016 Court Awards Attorneys' Fees Based on Unaccepted CPLR 3220 Offer to Liquidate Damages
On March 9, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Saul… Read More
March 24, 2016 Assignment Can be Effected by Delivery of Note Rather Than by Written Contract
On March 15, 2016, the First Department issued a decision in Brunner v. Estate of Chaim Lax, 2016 NY… Read More
March 23, 2016 Delivery of Non-Conforming Goods Creates UCC Cause of Action
On March 15, 2016, the First Department issued a decision in BMW Group, LLC v. Castle Oil Corp., 201… Read More
March 22, 2016 Court Should Have Allowed Estranged Wife to Intervene in Turn-Over Action Against Husband
On March 15, 2016, the First Department issued a decision in Pensmore Investments, LLC v. Gruppo, Le… Read More
March 21, 2016 Provision Exempting Warehouse from Liability for Damage Caused By Own Negligence Unenforceable
On March 17, 2016, the First Department issued a decision in XL Specialty Insurance Co. v. Christie'… Read More
March 20, 2016 E-Filing Error Reasonable Excuse to Support Vacating Default Judgment
On March 11, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Her… Read More
March 19, 2016 Litigant Waived Right to Enforce Forum Selection Clause
On March 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 18, 2016 Damages for Trespass Do Not Include Value to Trespasser of Use of Plaintiff's Property
On March 4, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 17, 2016 Agreements to Agree Obligate Parties to Negotiate in Good Faith
On March 4, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 16, 2016 Court Erred in Requiring Expert Testimony; Expert Testimony Presented Was Inadmissible
On March 10, 2016, the First Department issued a decision in Nussberg v. Tatintsian, 2016 NY Slip Op… Read More
March 15, 2016 Plaintiff Allowed to Replead Derivative Claims Against Directors to Show Discrimination
On March 10, 2016, the First Department issued a decision in Davis v. Scottish Re Group Ltd., 2016 N… Read More
March 14, 2016 Justice Barry Ostrager Appointed to New York County Commercial Division
As reported in the New York Law Journal, Justice Barry Ostrager has been appointed to the New York C… Read More
March 14, 2016 Movant Should Have Been Allowed Discovery on Whether Non-Parties Should be Compelled to Arbitrate
On March 8, 2016, the First Department issued a decision in Matter of Rural Media Group, Inc. v. Yra… Read More
March 13, 2016 First Department Affirms Order Enjoining Party from Bringing Further Actions Without Permission
On March 10, 2016, the First Department issued a decision in Lipin v. Hunt, 2016 NY Slip Op. 01746, … Read More
March 12, 2016 Refusal to Testify at Deposition Under Fifth Amendment Not Necessarily Fatal to Defense
On March 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in L… Read More
March 11, 2016 Appeal Dismissed for Failure to File an Adequate Appendix, Including the Trial Transcript
On March 9, 2016, the Second Department issued a decision in Swift v. Broadway Neon Sign Corp., 2016… Read More
March 10, 2016 Breach of Contract Claim Dismissed for Failure to Identify Specific Agreements Allegedly Breached
On March 8, 2016, the First Department issued a decision in Austin v. Gould, 2016 NY Slip Op. 01604,… Read More
March 9, 2016 Statements of Future Intentions or Expressions of Hope not Actionable as Fraudulent Inducement
On March 8, 2016, the First Department issued a decision in Jacobson v. Croman, 2016 NY Slip Op. 016… Read More
March 8, 2016 Mortgage Contingency Clause Was Not a Condition Precedent to Purchase Obligation
On March 3, 2016, the First Department issued a decision in Shi v. Alexandratos, 2016 NY Slip Op. 01… Read More
March 7, 2016 No Equitable Estoppel Tolling Fraud Claim: Plaintiffs Had Benefit of Two-Year Discovery Rule
On March 3, 2016, the First Department issued a decision in D. Penguin Bros. Ltd. v. National Black … Read More
March 6, 2016 Complaint Should Not Have Been Dismissed Despite Difficulty of Proving Damages Alleged at Trial
On March 2, 2016, the Second Department issued a decision in Vasomedical, Inc. v. Barron, 2016 NY Sl… Read More
March 5, 2016 Real Estate Binder Not Binding Contract Where It Fails to Identify Parties
On March 1, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in 929 … Read More
March 4, 2016 Arguments of Interest in the Court of Appeals for the Weeks of March 21 and 28, 2016
Upcoming arguments in the Court of Appeals of interest to commercial litigators: Case No. 54: Matt… Read More
March 3, 2016 Summary Judgment Reversed Due to Fact Issues on Reasonableness of Restrictive Covenants
On March 1, 2016, the First Department issued a decision in Greystone Funding Corp. v. Kutner, 2016 … Read More
March 2, 2016 Malpractice Claim Properly Dismissed: Defendants' Negligence Did Not Cause Plaintiff's Losses
On March 1, 2016, the First Department issued a decision in Women's Integrated Network, Inc. v. Ande… Read More
March 1, 2016 Lender Had Right to Refuse to Close Financing Transaction
On February 25, 2016, the First Department issued a decision in MCAP Robeson Apartments L.P. v. Muni… Read More
February 29, 2016 New York Courts Cannot Dissolve Business Entities Formed Under Another State's Laws
On February 25, 2016, the First Department issued a decision in Matter of Raharney Capital, LLC v. C… Read More
February 28, 2016 Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of February 8 and 15, 2016, Now Available
On February 9, 2016, we noted three cases of interest from the oral arguments before the Court of Ap… Read More
February 27, 2016 Yellowstone Injunction Denied Because of Defective Notice to Cure
On February 8, 2016, Justice Ramos of the New York County Commercial Division issued a decision in L… Read More
February 26, 2016 Plaintiff Not Required to Plead Elements of Alter Ego Liability With Particularity
On February 16, 2016, the First Department issued a decision in 2406-12 Amsterdam Associates LLC v. … Read More
February 25, 2016 Court Rejects Alleged Oral Modification of Written Agreement
On February 16, 2016, Justice Oing of the New York County Commercial Division issued a decision in T… Read More
February 24, 2016 Arbitration Clause Does Not Trigger McCarran-Ferguson Reverse Preemption
On February 18, 2016, the Court of Appeals issued a decision in Matter of Monarch Consulting, Inc. v… Read More
February 24, 2016 Party’s Agreement to "Guarantee" Its Own Performance of Contractual Obligation Enforceable as Liquidated Damages Provision
On February 23, 2016, the First Department issued a decision in 70 W. 45th St. Holding LLC v. Waters… Read More
February 23, 2016 Agreement Not Unconscionable Even Though it Was Improvident
On February 5, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
February 22, 2016 Court Denies Disqualification Motion Where Prior Representation Unrelated to New Action
On January 21, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in C… Read More
February 21, 2016 Justices Ramos and Hudson Updates Part Rules
Justice Charles E. Ramos of the New York County Commercial Division recently updated his part practi… Read More
February 20, 2016 Plaintiff Fails to Prove Scienter; Defendant Had No Reason to Doubt Truth of its Representation
On February 9, 2016, the First Department issued a decision in Edward Tyler Nahem Fine Art, L.L.C. v… Read More
February 19, 2016 Manager Acting in Good Faith Not Liable for Inducing Performer to Breach Contract
On February 2, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 18, 2016 Corporate Officer Not Liable for Inducing Corporation to Breach Contract Unless Officer Acts Exclusively In His Own Interest
On February 8, 2016, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
February 17, 2016 Claims of Individual Class Members Constitute Separate “Occurrences,” Subject to Separate Deductibles Under Insurance Policy
On February 11, 2016, the Court of Appeals issued a decision in Selective Insurance Company of Ameri… Read More
February 16, 2016 Employee Not Entitled to Carried Interest Payment Where Amount of Payment Not Agreed To
On February 3, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
February 15, 2016 Despite Claimed Damages of $15 Million, Court Transfers Case Out of Commercial Division
On February 2, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 14, 2016 Involving Consultants in Communications Did Not Vitiate Attorney-Client Privilege
On January 11, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
February 13, 2016 Counterclaims Sufficiently Related to Complaint's Allegations That They Relate Back
On February 3, 2016, Justice Ramos of the New York County Commercial Division issued an opinion in … Read More
February 12, 2016 Jury Verdict Awarding Brokerage Commission Based on Oral Brokerage Agreement Overturned
On February 3, 2016, the Second Department issued a decision in Douglas Elliman, LLC v. Silver, 2016… Read More
February 11, 2016 Filing Rescission Action Before Date of Performance Constitutes Anticipatory Breach
On February 4, 2016, the First Department issued an opinion in Princes Point LLC v Muss Development … Read More
February 10, 2016 E-mail Sent by Party, Under Which Sender's Name is Typed, Can Satisfy Statute of Frauds
On February 3, 2016, the Second Department issued a decision in Agosta v. Fast Systems Corp., 2016 N… Read More
February 9, 2016 Arguments of Interest in the Court of Appeals for the Weeks of February 8 and 15, 2016
Upcoming arguments in the Court of Appeals of interest to commercial litigators: Case No. 28: Matte… Read More
February 9, 2016 Loss Damage Waiver Bars Subrogation Action
On January 21, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 8, 2016 Judicial Proceeding Immunity Is Not Absolute
On January 27, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 7, 2016 Claims Against Auditors of Failed Fund Dismissed Under In Pari Delicto Doctrine
On January 19, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
February 6, 2016 Court Enjoins Party From Pursuing Foreign Lawsuit Violating Forum Selection Clause
On January 15, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 5, 2016 Promise to Compensate Investor for Failed Investment Unenforceable Gratuitous Promise
On January 21, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
February 4, 2016 The Commercial Division: The Film
The Commercial Division Advisory Council and the Historical Society of the New York Courts have deve… Read More
February 4, 2016 CPLR 7511 Only Authorizes Correction of Computational Errors, Not Reversal of Substantive Rulings
On January 28, 2016, the First Department issued a decision in Madison Realty Capital, L.P. v. Scarb… Read More
February 3, 2016 Arbitrary Decisions Not Covered by the Business Judgment Rule
On January 21, 2016, the First Department issued a decision in Tsui v. Chou, 2016 NY Slip Op. 00428,… Read More
February 2, 2016 Fraud Claim Dismissed as Duplicative of Contract Claim
On January 27, 2016, the Second Department issued a decision in Doukas v. Ballard, 2016 NY Slip Op. … Read More
February 1, 2016 Affidavit Contradicting Prior Testimony Insufficient to Create a Question of Fact
On January 7, 2016, Justice Ramos of the New York County Commercial Division issued a decision in La… Read More
January 31, 2016 Assignee of Right to Collect Commission Cannot Collect Because the Assignor Not Licensed Real Estate Broker
On January 27, 2016, the Second Department issued a decision in Burton v. Lucido, 2016 NY Slip Op. 0… Read More
January 30, 2016 Fraud Claims Barred by Disclaimer Where Party had Means to Discover Facts Before Signing Contract
On January 19, 2016, the First Department issued a decision in Harmit Realties LLC v. 835 Avenue of … Read More
January 29, 2016 Conversion Claim Based on Transfer of Funds in Defendant's Escrow Account to Third Party Upheld
On January 19, 2016, the First Department issued a decision in Grasshoff v. Etra, 2016 NY Slip Op. 0… Read More
January 29, 2016 Judiciary Law Section 487 Claims Allowed in Separate Action
On January 19, 2016, the First Department issued a decision in Melcher v. Greenberg Traurig LLP, 201… Read More
January 28, 2016 Opportunity to Comment on Proposed Change to CPLR
The Office of Court Administration has asked for public comment on a proposed change to the CPLR abo… Read More
January 27, 2016 Settlement Agreement Not Improper Mary Carter Agreement Increasing Other Defendant's Liability
On January 14, 2016, the Third Department issued a decision in Reutzel v. Hunter Yes, Inc., 2016 NY … Read More
January 26, 2016 Judiciary Law Section 487 Inapplicable To Administrative Agency Petition
On January 7, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decisi… Read More
January 25, 2016 Fraudulent Misrepresentation Requires Out-Of-Pocket Losses, Lost Profits Insufficient
On January 19, 2016, in Connaughton v. Chipotle Mexican Grill, 2016 NY Slip Op 00273, a divided pane… Read More
January 24, 2016 When a Majority of Directors in Derivative Action Are Independent, Demand is Not Excused
On January 14, 2016, the First Department issued a decision in Wandel v. Dimon, 2016 NY Slip Op. 002… Read More
January 23, 2016 Controlling Shareholders Did Not Have Fiduciary Duty to Minority Shareholder
On January 12, 2016, the First Department issued a decision in Arnett v. Charles Morgan Securities I… Read More
January 22, 2016 Proposed Intervenors, Who Knew About Action For Over a Year, Properly Denied Intervention
On January 14, 2016, the First Department issued a decision in Matter of HSBC Bank U.S.A., 2016 NY S… Read More
January 21, 2016 Court Enforces Restrictive Covenant in Employment Agreement
On January 7, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 20, 2016 Lost Profits Damages Awarded On Contract Claim Because They Were Contemplated by the Parties
On January 13, 2016, the Second Department issued a decision in Inspectronic Corp. v. Gottlieb Skans… Read More
January 19, 2016 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
January 19, 2016 Statute of Frauds Bars Oral Finder's Fee Agreement
On January 12, 2016, the First Department issued a decision in Goldfarb v. Schaeffer, 2016 NY Slip O… Read More
January 18, 2016 Agreement Assigning "All Right, Title and Interest" in Bonds Insufficient to Assign Fraud Claims
On January 12, 2016, the First Department issued a decision in Dexia SA/NV v. Stanley, 2016 NY Slip … Read More
January 17, 2016 Insider Payment Not In Good Faith Under Debtor and Creditor Law Sections 273 and 275
On January 12, 2016, the First Department issued a decision in American Media, Inc. v. Bainbridge & … Read More
January 16, 2016 Court Refuses to Enforce Non-Compete Agreement
On January 5, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Aq… Read More
January 15, 2016 Opportunity to Comment on Two Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the rules… Read More
January 14, 2016 Court Recognizes Claim for Tortious Interference with Enforcement of a Judgment
On December 29, 2015, the First Department issued a decision in Priestley v. Panmedix Inc., 2015 NY … Read More
January 13, 2016 Suit on Note Stayed in Favor of Prior Pending Foreclosure Action in Another State
On January 6, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in We… Read More
January 12, 2016 Defendant Entitled to Indemnification by Former Employer, Including for Counterclaims
On January 7, 2016, the First Department issued a decision in G2 Fmv, LLC v. Thomas, 2016 NY Slip Op… Read More
January 11, 2016 Motion Court Erred in Not Dismissing Malicious Prosecution and Judiciary Law Section 487 Claims
On December 29, 2015, the First Department issued a decision in Facebook, Inc. v. DLA Piper LLP (US)… Read More
January 10, 2016 Unjust Enrichment Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim
On January 7, 2016, the First Department issued a decision in Cleo Realty Associates, L.P. v. Uptown… Read More
January 9, 2016 Bank Has Right to Charge Back Cashier's Check That Did Not Clear
On December 30, 2015, the Second Department issued a decision in Law Offices of Alexander E. Sklavos… Read More
January 8, 2016 Aiding and Abetting Fraud Requires Allegations of Substantial Assistance to a Fraudulent Scheme
On January 7, 2016, the First Department issued a decision in Chambers v. Weinstein, 2016 NY Slip Op… Read More
January 7, 2016 No Reasonable Reliance: Plaintiff Failed to Read Prospectuses Disclosing Allegedly-Withheld Facts
On January 5, 2016, the First Department issued a decision in Northern Group Inc. v. Merrill Lynch, … Read More
January 6, 2016 Action Involving Claims "Inextricably Interwoven" with Issues in Arbitration Properly Enjoined
On December 29, 2015, the First Department issued a decision in Matter of Arbitration of Certain Con… Read More
January 5, 2016 Court Should Not Intervene to Enable Wrongdoer to Obtain Fruits of its Crime
On December 29, 2015, the First Department issued a decision in B.D. Estate Planning Corp. v. Tracht… Read More
January 4, 2016 Reasonable Reliance Does Not Require Investor to Investigate CDO Credit Ratings
On December 29, 2015, the First Department issued a decision in Basis Yield Alpha Fund Master v. Mor… Read More
January 3, 2016 When There is No Verdict, Report or Decision Made, Interest Calculated From Date of Judgment
On December 29, 2015, the First Department issued a decision in Lee v. Riverhead Bay Motors, 2015 NY… Read More
January 2, 2016 Court Will Not Order Inspection of Books When Shareholder Did Not Make Statutory Demand
On December 21, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
January 1, 2016 Motion to Amend Denied Where Plaintiff Fails to Establish Merit
On December 21, 2015, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 31, 2015 Taking or Copying Customer Lists is Breach of Fiduciary Duty Even if Not Trade Secrets
On November 21, 2015, Justice Grays of the Queens County Commercial Division issued a decision in Pa… Read More
December 30, 2015 Fraud Claims May Be Pled on Information and Belief
On December 22, 2015, the First Department issued a decision in Allenby, LLC v. Credit Suisse, AG, 2… Read More
December 29, 2015 Court Erred in Refusing to Grant Change of Venue
On December 23, 2015, the Second Department issued a decision in Carlton Group, Ltd. v. Property Mar… Read More
December 28, 2015 Party Sanctioned for Spoliation of Evidence
On December 7, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 27, 2015 Corporation Dissolved Based On Deadlock, Dissension and Division
On December 18, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
December 26, 2015 Arguments of Interest In the Court of Appeals for the Week of January 4, 2016
Arguments in the Court of Appeals for the week of January 4, 2016, that may be of interest to commer… Read More
December 25, 2015 Indemnitee Must Prove that Indemnitor Could Have Been Liable at Trial to Recover Settlement
On December 16, 2015, the Second Department issued a decision in Leon Holdings, LLC v. Northville In… Read More
December 24, 2015 Termination for Convenience Clause Enforceable Without Regard to Defendant's Good Faith
On December 15, 2015, the First Department issued a decision in Minelli Construction Co., Inc. v. WD… Read More
December 23, 2015 Choice of Law Provision Obviates Need to Do Conflict-of-Law Analysis
On December 15, 2015, the Court of Appeals issued a decision in Ministers & Missionaries Benefit Boa… Read More
December 22, 2015 Adverse Inference Charge Appropriate Even Where Evidence Negligently Destroyed
On December 15, 2015, the Court of Appeals issued a decision in Pegasus Aviation I, Inc. v. Varig Lo… Read More
December 21, 2015 Party Waived Right to Arbitrate By Litigating for Eleven Months With Substantial Motion Practice
On December 16, 2015, the Court of Appeals issued a decision in Cusimano v. Schnurr, 2015 NY Slip Op… Read More
December 20, 2015 Renewal Motion Responding to Issue Raised Sua Sponte by Court in Original Decision Timely
On December 16, 2015, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,… Read More
December 19, 2015 Court of Appeals Grants Leave to Appeal On Daimler Personal Jurisdiction Issue
On December 16, 2015, the Court of Appeals granted leave to leave to appeal in the action D&R Global… Read More
December 18, 2015 No Private Right of Action Under Insurance Law When Violation Inadvertent
On December 15, 2015, the First Department issued a decision in Cilente v. Phoenix Life Insurance Co… Read More
December 17, 2015 Court of Appeals Accepts Certified Question on Whether Fraud Claim Can Be Based on Third-Party Reliance
On December 15, 2015, the Court of Appeals accepted a certified question from the Second Circuit in … Read More
December 16, 2015 Claim For Misappropriation Of Trade Secrets Must Plead Specific Facts
On December 10, 2015, Justice Ramos of the New York County Commercial Division, issued a decision in… Read More
December 15, 2015 Right To Corporate Indemnification Must Be "Unmistakably Clear"
On December 2, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
December 14, 2015 First Department Refuses to Vacate Arbitral Award
On December 8, 2015, the First Department issued a decision in Matter of Abell v. JetBlue Airways Co… Read More
December 13, 2015 Oral Agreement to Create a Joint Venture not Barred by Statute of Fraud
On December 2, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
December 12, 2015 Plaintiff Not Entitled to Broker's Commission Because Not Procuring Cause of Purchase
On December 2, 2015, the Second Department issued a decision in Excel Realty Advisors, LP v. Engel B… Read More
December 11, 2015 Attorney Not Disqualified Under Attorney-Witness Rule When Testimony Would Be Cumulative
On December 3, 2015, the First Department issued a decision in Orbco Advisors LLC v. 400 Fifth Realt… Read More
December 10, 2015 Areas of Dissension Insufficient Basis for Ordering Law Firm's Dissolution
On December 3, 2015, the First Department issued a decision in Matter of Klein v. Klein Law Group, P… Read More
December 9, 2015 Notice to Admit Seeking Admissions That Contravene Complaint's Allegations Improper
On December 2, 2015, the Second Department issued a decision in 32nd Ave. LLC v. Angelo Holding Corp… Read More
December 8, 2015 Law Firm With Retaining Lien Was Entitled to Payment Before Having to Turn Over File
On December 1, 2015, the First Department issued a decision in American Stevedoring, Inc. v. Red Hoo… Read More
December 7, 2015 Plaintiff That Assigned Claims Lacked Standing
On November 24, 2015, the First Department issued a decision in Lehr Associates Consulting Engineers… Read More
December 6, 2015 Arbitration Award Affirmed Because its Legal Analysis Was At Least Barely Colorable
On November 24, 2015, the First Department issued a decision in Matter of Esrey v. Ernst & Young, L.… Read More
December 5, 2015 Action Barred by Release in Prior Dispute
On November 24, 2015, the First Department issued a decision in Matter of Empire State Building Asso… Read More
December 4, 2015 Claims Barred by Statute of Frauds Despite Existence of Documents Referring to Agreement
On October 26, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in L… Read More
December 3, 2015 Residence of Trustee Not Determinative of Place of Injury for Purposes of Applying New York's Borrowing Statute
On November 25, 2015, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 2, 2015 Whistleblower Claims Fail Because Complaints Unrelated to Actual Violations of Law or Regulation
On November 25, 2015, the Second Department issued a decision in Kamdem-Ouaffo v. Pepsico, Inc., 201… Read More
December 1, 2015 Breach of Contract is Defense to Non-Payment of Note When Contract and Note Are Intertwined
On November 25, 2015, the Second Department issued a decision in Jason J. Weindorf, CPA, P.C. v. Wig… Read More
November 30, 2015 Court Grants Attachment in Support of Collection of Foreign Judgment
On November 17, 2015, Justice DeStefano of the Nassau County Commercial division issued a decision i… Read More
November 29, 2015 First Department Upholds Contract Provision Limiting Damages
On November 19, 2015, the First Department issued a decision in MG Hotel, LLC v. Bovis Lend Lease, L… Read More
November 28, 2015 Plaintiff Fails to Plead Fraud Claim Under Special Facts Doctrine
On October 9, 2015, Justice Ramos of the New York County Commercial Division issued a decision in ZF… Read More
November 27, 2015 Administrative Employee Not "Associated Person" Subject to FINRA Arbitration Requirements
On November 17, 2015, Justice Singh of the New York County Commercial Division issued a decision in … Read More
November 26, 2015 Plaintiff Fails to State Claim for Alter Ego or Successor Liability
On November 16, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
November 25, 2015 Action Dismissed Based on Forum Selection Clause
On November 13, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
November 24, 2015 Insurer Ordered to Provide Defense Where Consideration of Facts Outside the Complaint Suggested a "Reasonable Possibility of Coverage"
On October 1, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
November 23, 2015 Legal Malpractice Claim Dismissed Because Plaintiff Was Not Damaged by the Negligence it Alleged
On November 19, 2015, the First Department issued a decision in Women's Integrated Network, Inc. v. … Read More
November 22, 2015 Summary Judgment in Lieu of Complaint Reversed Because of Question of Fact Regarding Forgery
On November 18, 2015, the Second Department issued a decision in Kitovas v. Megaris, 2015 NY Slip Op… Read More
November 21, 2015 Action for Reformation of Deed Time-Barred
On November 18, 2015, the Second Department issued a decision in Lopez v. Lopez, 2015 NY Slip Op. 08… Read More
November 20, 2015 Complaint Not Barred by the Doctrine of Res Judicata
On November 18, 2015, the Second Department issued a decision in Ricatto v. Mapliedi, 2015 NY Slip O… Read More
November 19, 2015 Summary Judgment Reversed; Issue for Trial on Ambiguous Term in Contract
On November 17, 2015, the First Department issued a decision in Impala Partners v. Borom, 2015 NY Sl… Read More
November 18, 2015 Justices Ramos and Kornreich Update Part Rules
Justices Charles E. Ramos and Shirley Werner Kornreich of the New York County Commercial Division re… Read More
November 17, 2015 Policyholder's Claim For "Bad Faith Claims Handling" Dismissed As Duplicative of Breach of Contract Claim
On October 27, 2015, the First Department issued a decision in Orient Overseas Assoc. v. XL Insuranc… Read More
November 16, 2015 Court Examines Standard for Motion to Dismiss When Defendant Submits Evidentiary Material
On November 12, 2015, the Second Department issued a decision in Shofel v. DaGrossa, 2015 NY Slip Op… Read More
November 15, 2015 Failure Timely to Comply With Conditional Preclusion Order Causes Order to Become Absolute
On November 12, 2015, the Second Department issued a decision in Mona & Jack's Clothing, Inc. v. Ola… Read More
November 14, 2015 No Assignment of Claims by Implication
On November 12, 2015, the First Department issued a decision in Sealink Funding Ltd. v. Morgan Stanl… Read More
November 13, 2015 Prior Criminal Restitution Payments Do Not Prohibit Claim in a Civil Action
On November 5, 2015, the First Department issued a decision in Marion Blumenthal Trust v. Arbor Comm… Read More
November 12, 2015 Consequential Damages Not Allowed When Not Foreseeable and Contemplated by Parties
On November 10, 2015, the First Department issued a decision in ERC 16W L.P. v. Xanadu Mezz Holdings… Read More
November 11, 2015 Action Asserting Derivative Claims Directly Dismissed for Lack of Standing
On November 6, 2015, Justice Ramos of the New York County Commercial Division issued a decision in H… Read More
November 10, 2015 Court of Appeals Arguments of Interest for the Week of November 16, 2015
Upcoming oral arguments in the Court of Appeals the week of November 16, 2015, that may be of intere… Read More
November 10, 2015 First Department Analyzes Voluntary Payment Doctrine
On November 5, 2015, the First Department issued a decision in DRMAK Realty LLC v. Progressive Credi… Read More
November 9, 2015 Opportunity to Comment on Proposed Changes to Disciplinary Rules
The Office of Court Administration has asked for public comment on the proposed Uniform Attorney Dis… Read More
November 9, 2015 Court Preliminarily Approves Class Certification and Settlement; Questions Fee Award
On October 27, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 8, 2015 Court Dismisses Claims Based on Vicarious Liability
On October 22, 2015, Justice Ramos of the New York County Commercial Division issued a decision in V… Read More
November 7, 2015 Court Refuses to Order Specific Performance of Restrictive Covenant
On October 19, 2015, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
November 6, 2015 Dismissal Based on In Pari Delicto Doctrine Upheld
On October 28, 2015, the Second Department issued a decision in CRC Litigation Trust v. Marcum, LLP,… Read More
November 5, 2015 Fraud Claim Dismissed Because of Failure to Show Due Diligence
On October 22, 2015, Justice Singh of the New York County Commercial Division issued a decision in K… Read More
November 4, 2015 Documents Calculated to Lead to Discovery of Evidence Bearing on Defense Must be Produced
On October 29, 2015, the First Department issued a decision in SNI/SI Networks LLC v. Directv, LLC, … Read More
November 3, 2015 Pre-Judgment Interest on Unpaid Demand Note Due From Date of Demand
On October 29, 2015, the First Department issued a decision in Gliklad v. Cherney, 2015 NY Slip Op. … Read More
November 2, 2015 Business Judgment Rule No Protection from Claim of Breach of Duty of Good Faith and Fair Dealing
On October 28, 2015, the Second Department issued a decision in Waterways at Bay Pointe Homeowners A… Read More
November 1, 2015 Lawyer Faces Jail For Failing to Provide Evidence
On October 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
October 31, 2015 Witness in New York Pursuant to Subpoena Immune from Service in Related Action
On October 22, 2015, Justice Jaffe of the New York County Supreme Court issued a decision in Genger … Read More
October 30, 2015 Transcripts and Videos of Arguments in the Court of Appeals for the Week of October 12, 2015, Now Available
On September 30, 2015, we noted one case of interest from the oral arguments for the week of October… Read More
October 30, 2015 Court Blasts Derivative Class Action Settlement
On October 23, 2015, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
October 29, 2015 CLE Program: The Art of Pleading: Tactics, Techniques and Strategies
On November 10, 2015, Schlam Stone & Dolan partner John Lundin will be a panelist for a CLE prog… Read More
October 28, 2015 Court Analyzes Application of UN Convention on Contracts for International Sale of Goods
On October 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in T… Read More
October 27, 2015 Partnership Formed for a Particular Undertaking Not Dissolvable at Will
On October 16, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
October 26, 2015 Commercial Division Blog Now Has Transfer Order Database
The Commercial Division Blog has added a database of orders by the Administrative Judge relating to … Read More
October 26, 2015 Attorney Who Formed Corporation Can Represent Shareholder in Dissolution Action
On October 20, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Al… Read More
October 25, 2015 False Statement of Intention to Perform Contract Insufficient to Support Fraud Claim
On October 14, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 24, 2015 Court Analyzes Fraud Claim in Context of RMBS CDO Sale
On October 16, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
October 23, 2015 Unjust Enrichment Claim Dismissed For Lack of Relationship Between Parties
On October 16, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 22, 2015 Res Judicata Does Not Apply to Surrogate's Court Decision
On October 22, 2015, the First Department issued a decision in Arroyo-Graulau v. Merrill Lynch Pierc… Read More
October 21, 2015 Defendant Waived Attorney-Client Privilege Over Complete Board Minutes by Using Partial Minutes
On October 20, 2015, the First Department issued a decision in Banach v. Dedalus Foundation, Inc., 2… Read More
October 20, 2015 Justice Bransten Updates Preliminary Conference Order
Justice Eileen Bransten of the New York County Commercial Division recently updated her form Prelimi… Read More
October 19, 2015 Employer Liable Based on Apparent Authority of Employee
On October 14, 2015, the Second Department issued a decision in CIT Technology Financial Services, I… Read More
October 18, 2015 If Equitable Relief is Contractual Sole Remedy, Damages Awardable if Equitable Relief Impossible
On October 13, 2015, the First Department issued a decision in Nomura Home Equity Loan, Inc., Series… Read More
October 17, 2015 No Interference with Prospective Business Relations Where Misconduct Directed at Plainitiff
On October 13, 2015, the First Department issued a decision in RXR WWP Owner LLC v. WWP Sponsor, LLC… Read More
October 16, 2015 Waiver of Contingency in Real Estate Contract Must be Clear
On October 9, 2015, the Fourth Department issued a decision in Pohlman v. Madia, 2015 NY Slip Op. 07… Read More
October 15, 2015 First Department Analyzes Scope And Application Of The Fiduciary Exception To Attorney-Client Privilege
On October 8, 2015, the First Department issued a decision in NAMA Holdings, LLC v. Greenberg Trauri… Read More
October 14, 2015 Rescission Unavailable When Status Quo Cannot be Restored
On October 5, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
October 13, 2015 Class Action Arbitration Waivers Signed After Litigation Begun Not Enforced
On October 8, 2015, the First Department issued a decision in Weinstein v. Jenny Craig Operations, I… Read More
October 12, 2015 CLE Program: Practicing in NYS Supreme Court
On October 28, 2015, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the… Read More
October 12, 2015 Performance Exceptions to Statute of Frauds Unavailable to Defeat Summary Judgment Motion
On September 21, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in… Read More
October 11, 2015 Court Refuses to Consider Extrinsic Evidence Regarding Terms of Employment Agreements
On September 30, 2015, Justice Singh of the New York County Commercial Division issued a decision in… Read More
October 10, 2015 Accusations of Trespass Not Defamation Per Se
On September 30, 2015, Justice Bransten of the New York County Commercial Division issued a decision… Read More
October 9, 2015 Alleged Contract Unenforceable Agreement to Agree
On October 2, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in Pr… Read More
October 8, 2015 Claims Direct, Not Derivative, Because Harm Alleged and Relief Sought Were to Plaintiffs
On October 6, 2015, the First Department issued a decision in SFR Holdings Ltd. v. Rice, 2015 NY Sli… Read More
October 7, 2015 Unjust Enrichment Claim Requires Relationship Between Plaintiff and Defendant
On October 6, 2015, the First Department issued a decision in Schroeder v. Pinterest Inc., 2015 NY S… Read More
October 6, 2015 Court Analyzes Law Regarding Whether a Contract is Ambiguous
On September 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in… Read More
October 5, 2015 Balance of Equities Favors Defendant Despite "Catastrophic Result" to Plaintiff
On September 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in… Read More
October 4, 2015 Receipt of Salary from Transferee Insufficient to Render Defendant a Transferee
On October 1, 2015, the First Department issued a decision in Cantor Fitzgerald & Co. v. 8an Capital… Read More
October 3, 2015 Agreement to Agree Not an Enforceable Contract
On October 1, 2015, the First Department issued a decision in Offit v. Herman, 2015 NY Slip Op. 0705… Read More
October 1, 2015 Damages Awarded on Default Judgment Slashed by Second Department
On September 30, 2015, the Second Department issued a decision in Vested Business Brokers, Ltd. v. R… Read More
September 30, 2015 Court of Appeals Arguments of Interest for the Week of October 12, 2015
Upcoming oral arguments in the Court of Appeals the week of October 12, 2015, that may be of interes… Read More
September 29, 2015 Service That Identified Rent Overcharges Not Providing Real Estate Brokerage Services
On September 29, 2015, the First Department issued a decision in Commercial Tenant Services, Inc. v.… Read More
September 28, 2015 Opportunity to Comment on Proposed Changes to Court Rules
The Office of Court Administration has asked for public comment on two proposed new rules. One propo… Read More
September 27, 2015 Claims Against Union and its Officers Dismissed Under Martin Rule
On September 23, 2015, the Second Department issued a decision in Cablevision Systems Corp. v. Commu… Read More
September 26, 2015 Limitations Period for Unjust Enrichment as Alternative to Tort is Same As for the Tort
On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 25, 2015 Adverse Inference Sanction Upheld Where No Reasonable Explanation for Documents' Nonproduction
On September 23, 2015, the Second Department issued a decision in Schiano v. Mijul, Inc., 2015 NY Sl… Read More
September 24, 2015 Fraudulent Inducement Claim Based on Defendant's Intention Not to Perform When Contract Made
On September 23, 2015, the Second Department issued a decision in Vision Accomplished, Inc. v. Lowe … Read More
September 23, 2015 Claims Against Con Edison Dismissed Under Filed Rate Doctrine
On September 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in… Read More
September 22, 2015 Claim Untimely Despite Being Brought Within Six Years of Accrual As Defined by Contract
On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
September 21, 2015 Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 7, 2015, Now Available
On September 2, 2015, we noted three cases of interest from the oral arguments for the week of Septe… Read More
September 20, 2015 Contractor Entitled to Amount Due for Work Completed Plus Lost Profits on Uncompleted Work
On August 21, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Oce… Read More
September 19, 2015 Successor Liability Adequately Alleged Under De Facto Merger Doctrine
On August 5, 2015, Justice Kitzes of the Queens County Commercial Division issued a decision in Loga… Read More
September 18, 2015 Use of State E-Filing Continues to Grow
For those of us who practice in the Commercial Division, e-filing has been a part of our lives for s… Read More
September 17, 2015 Unjust Enrichment Claim Based on Use of Video Clip Preempted by Civil Rights Law §§ 50 and 51
On September 16, 2015, the Second Department issued a decision in Sondik v. Kimmel, 2015 NY Slip Op.… Read More
September 16, 2015 Defendant Not "Prevailing Party" under Fee-Shifting Agreement for Claim Dismissed for Lack of Proper Service
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 15, 2015 Even Though Sports Agency Contract Void, Agent Can Recover for Unjust Enrichment
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 14, 2015 Wife Third-Party Beneficiary of Contract Signed By Husband
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
September 13, 2015 No Tortious Interference Claim If Defendant Not But-For Cause of Breach
On August 18, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Oik… Read More
September 12, 2015 Judgment Debtor Bound By Information on Original Tax Returns, Not Later-Amended Returns
On August 31, 2015, Justice Singh of the New York County Commercial Division issued a decision in Ma… Read More
September 11, 2015 Claim for Aiding and Abetting Fraud Requires Proof of Actual Knowledge of the Fraud
On August 18, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Otk… Read More
September 10, 2015 Motion for Relief from Judgment Under CPLR 5015 Must be Made by Order to Show Cause
On August 17, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in Vi… Read More
September 9, 2015 Opportunity to Comment on Proposed Change to Court Rules
The Office of Court Administration has asked for public comment on a proposed new Section 523 of the… Read More
September 9, 2015 Statute of Frauds Bars Contract Claim
On August 27, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in … Read More
September 8, 2015 One-Time Private Contract Not Subject to GBL 349 Claim
On August 31, 2015, Justice Scheinkman of the Westchester County Commercial Division issued a decisi… Read More
September 7, 2015 Action Untimely Even With Continuous Representation Doctrine Tolling
On September 2, 2015, the Second Department issued a decision in Tantleff v Kestenbaum & Mark, 2015 … Read More
September 6, 2015 No Punitive Damages Without Fraudulent or Evil Motive and Outrage Associated with Crime
On August 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 5, 2015 Unjust Enrichment Not Predicate Tort for CPLR 302 Jurisdiction Over Co-Conspirator
On August 25, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 4, 2015 Buyer Did Not Assume Seller's Obligation to Arbitrate Dispute With Seller's Broker
On September 1, 2015, the First Department issued a decision in Matter of TBA Global, LLC v. Fidus P… Read More
September 3, 2015 Foreign Judgments Enforced Absent Fraud or Violation of New York Public Policy
On August 26, 2015, the Second Department issued a decision in Basile v. CAI Master Allocation Fund,… Read More
September 2, 2015 Court of Appeals Arguments of Interest for the Week of September 7, 2015
Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators inc… Read More
September 1, 2015 Court of Appeals Grants Leave To Appeal In Case Concerning “Safe Harbor” Exception To Champerty Statute
On August 27, 2015, the Court of Appeals granted leave to appeal in Justinian Capital SPC v. WestLB … Read More
August 31, 2015 Lack of Standing is not a Jurisdictional Defect Justifying Sua Sponte Dismissal
On August 26, 2015, the Second Department issued a decision in Mortgage Electronic Registration Syst… Read More
August 30, 2015 Court Rejects Referee's Recommended Award of Punitive Damages
On August 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 29, 2015 Because Deadline for Contract Performance was on Weekend, Deadline was Extended to Weekday
On August 18, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More
August 28, 2015 Absence of Damages Fatal of Breach of Contract Claim
On August 21, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 27, 2015 Plaintiff States Claim for Fraudulent Inducement Despite Being At-Will Employee
On August 25, 2015, the First Department issued a decision in Laduzinski v. Alvarez & Marsal Taxand … Read More
August 26, 2015 Damages for Breach of "Agreement to Agree" Limited to Out-of-Pocket Expenses
On August 17, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 25, 2015 Contract's Arbitration Clause Enforced Despite Alleged Fraud Relating to Contract
On August 19, 2015, the Second Department issued a decision in Ferrarella v. Godt, 2015 NY Slip Op. … Read More
August 24, 2015 Case Cannot be Dismissed as Abandoned Unless Note of Issue Has Been Filed
On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in G… Read More
August 23, 2015 Court Finds Issue of Fact on Voluntary Payment Doctrine Defense
On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in K… Read More
August 22, 2015 Court Grants Motion to Amend Filed Shortly Before Note of Issue Date
On August 3, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 21, 2015 Failure to Disclose Stark Departure from Basic Assumption in Industry States Fraud Claim
On August 18, 2015, the First Department issued a decision in ACA Financial Guaranty Corp. v. Goldma… Read More
August 20, 2015 Default Not Vacated Because of Lack of Reasonable Excuse
On August 12, 2015, the Second Department issued a decision in Aurora Loan Servs., LLC v. Lucero, 20… Read More
August 19, 2015 LLC Membership is Chattel Subject to Replevin
On August 11, 2015, the First Department issued a decision in Herman v. 36 Gramercy Park Realty Asso… Read More
August 18, 2015 Counsel Disqualified Under Attorney-Witness Rule
On August 13, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in D… Read More
August 17, 2015 Court Orders Insurer to Redo Production With Bates Numbers and Detailed Privilege Log
On August 5, 2015, Justice Ritholtz of the Queens County Commercial Division issued a decision in Al… Read More
August 16, 2015 Contempt Motion Denied For Improper Service of Subpoena
On July 28, 2015, Justice Bransten of the New York County Commercial Division issued a decision in B… Read More
August 15, 2015 CPLR 5223 Allows Broad Range of Inquiry for Post-Judgment Discovery
On August 3, 2015, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More
August 14, 2015 Interpreting Daimler, First Department Enforces Information Subpoena Covering Foreign Subsidiaries
On August 11, 2015, the First Department issued a decision in Matter of B&M Kingstone, LLC v. Mega I… Read More
August 13, 2015 Right of First Refusal to Purchase Real Estate Subject to Statute of Frauds
On August 5, 2015, the Second Department issued a decision in Educational Center for New Americans, … Read More
August 12, 2015 Retraction of Contract Repudiation Ineffective if it is Not Bona Fide
On August 4, 2015, the First Department issued a decision in Beinstein v. Navani, 2015 NY Slip Op. 0… Read More
August 11, 2015 Action May Be Brought Against Accountants For Failing To Disclose Client’s Employee's Financial Wrongdoing
On July 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in JAG … Read More
August 10, 2015 Nominations for ABA Journal Law Blawg 100
We recently got an email from the ABA Journal telling us that they are working on our annual list of… Read More
August 10, 2015 Prohibition on Delay Damages Enforced Absent Bad Faith, Willful Misconduct or Gross Negligence
On July 30, 2015, the Third Department issued a decision in Tougher Industries, Inc. v. Dormitory Au… Read More
August 9, 2015 Breach of Contract Statute of Limitations Extended by Continuing Wrong Doctrine
On July 29, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Aff… Read More
August 8, 2015 Employment Agreement With a Fixed Term Can Only Be Terminated for Just Cause
On July 22, 2015, Justice Singh of the New York County Commercial Division issued a decision in Stol… Read More
August 7, 2015 Fraud Claim Dismissed Because Claimed Damages Violated Out-of-Pocket Rule
On July 24, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 6, 2015 Debtor's Transfer of Good Will To Newly-Formed Entity is Fraudulent Conveyance
On August 4, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Al… Read More
August 5, 2015 Town May Be Third-Party Beneficiary of Power Supply Agreement Between LILCO and LIPA
On July 29, 2015, the Second Department issued a decision in Town of Huntington v. Long Island Power… Read More
August 4, 2015 Securities Seller in Repurchase Agreement Lacks Standing to Assert Claims as Owner
On July 18, 2015, Justice Bransten of the New York County Commercial Division issued a decision in O… Read More
August 3, 2015 RMBS Plaintiff Lacks Standing Due to Failure to Allege Assignment of Tort Claims
On July 14, 2015, Justice Friedman of the New York County Commercial Division issued a decision in H… Read More
August 2, 2015 Written Contract May Be Modified By Course of Conduct
On July 20, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 1, 2015 Tortious Interference Claim Dismissed Based on Noerr-Pennington Doctrine
On July 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 31, 2015 Second Voluntary Discontinuance is Adjudication the Merits Barring Further Assertion of Claims
On July 15, 2015, the Second Department issued a decision in Haber v. Raso, 2015 NY Slip Op. 06113, … Read More
July 30, 2015 Restrictive Covenant Made in Connection With Sale of Business Enforced by Stricter Standard
On July 10, 2015, the Fourth Department issued a decision in Genesee Valley Trust Co. v. Waterford G… Read More
July 29, 2015 No Fraudulent Inducement Claim When Contract Disclaims All Non-Contractual Representations
On July 15, 2015, the Second Department issued a decision in Oseff v. Scotti, 2015 NY Slip Op. 06123… Read More
July 28, 2015 Alleged Recipient of Embezzeled Funds Subject to Claim for Unjust Enrichement
On July 10, 2015, the Fourth Department issued a decision in Simpson & Simpson, PLLC v. Lippes Mathi… Read More
July 27, 2015 Court of Appeals Illustrates Application of Rules of Contract Construction
On June 25, 2015, the Court of Appeals issued a decision in Universal American Corp. v. National Uni… Read More
July 26, 2015 Plaintiff Must Nullify Cancellation Before Bringing A Derivative Action On Behalf Of A Defunct Delaware LLC
On July 6, 2015, Justice Oing of the New York County Commercial Division issued a decision in Meissn… Read More
July 25, 2015 Action Dismissed for Lack of Standing
On June 26, 2015, Justice Bransten of the New York County Commercial Division issued a decision in D… Read More
July 24, 2015 Jury's Brokerage Fee Award Vacated Due to Lack of Evidence Proposed Buyer Was Able to Purchase
On July 8, 2015, the Second Department issued a decision in Island Associates Real Estate, Inc. v. D… Read More
July 24, 2015 Claim for Unjust Enrichment Lies Against Party Who Received Property Stolen From Plaintiff
On July 2, 2015, the First Department issued a decision in Lau v. Lazar, 2015 NY Slip Op. 05770, hol… Read More
July 23, 2015 Opportunity to Comment on Two Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the rules… Read More
July 23, 2015 Continuous Representation Doctrine Forecloses Dismissal of Legal Malpractice Claim as Time-Barred
On July 2, 2015, the First Department issued a decision in Overseas Shipholding Group, Inc. v. Prosk… Read More
July 22, 2015 In Deciding Motion to Amend, Court Not Required to Accept Allegations As True
On June 30, 2015, the First Department issued a decision in Boaz Bag Bag v. Alcobi, 2015 NY Slip Op.… Read More
July 22, 2015 Whether an Arbitration is a Collateral Attack on an Earlier Award is Decision for the Court
On June 25, 2015, the First Department issued a decision in Oppenheimer & Co. Inc. v. Pitch, 2015 NY… Read More
July 21, 2015 Knowledge of Defendants' Misconduct Bars Claims, Including Under Continuing Tort Doctrine
On June 25, 2015, the First Department issued a decision in American Entrance Services, Inc. v. Roed… Read More
July 21, 2015 Plaintiff Bound By Arbitration Clause in Contract to Which it Was Not A Party
On July 13, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 20, 2015 “Incorrigible” Defendant’s Answer And Counterclaims Stricken For Failing To Comply With Discovery Orders
On July 13, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 19, 2015 Court Considers Whether Plaintiff’s Inadvertent Electronic Filing of Confidential Documents As Exhibits to Motion Papers Waived Trade Secret Protection
On July 14, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in HMS … Read More
July 18, 2015 Action Dismissed in Favor of Other Pending Action
On May 7, 2015, Justice Grays of the Queens County Commercial Division issued a decision in A&N Food… Read More
July 17, 2015 Partial Payment for First Representation Does Not Support Account Stated Claim for Second Matter
On June 16, 2015, the First Department issued a decision in Boies, Schiller & Flexner LLP v. Modell,… Read More
July 15, 2015 Prevailing Party Not Entitled to Fees Under Contract Because Provision Awarding Costs Not Unmistakably Clear
On June 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 13, 2015 Action Dismissed as Abandoned Because Plaintiff Had No Reasonable Excuse for Not Prosecuting Case
On June 17, 2015, the Second Department issued a decision in Ohio Savings Bank v. Decaudin, 2015 NY … Read More
July 12, 2015 Court Should Not Have Allowed Party to Discontinue to Avoid Decision on Motion to Dismiss
On June 18, 2015, the First Department issued a decision in Jericho Group, Ltd. v. Mid-Town Developm… Read More
July 11, 2015 Jury Demand Stricken Because Damages Claim Was Incidental to Equitable Relief Sought
On June 18, 2015, the First Department issued a decision in Wathne Imports, Ltd. v. PRL USA, Inc., 2… Read More
July 10, 2015 Conflict Waiver in Engagement Letter Binding on Client that Later Became Adverse to Counsel
On July 9, 2015, the First Department issued a decision in Gem Holdco, LLC v. Ridgeline Energy Servi… Read More
July 9, 2015 Insurer's Obligation to Pay for Defense Until Final Judgment Ends When Beneficiary is Sentenced
On June 23, 2015, the First Department issued a decision in Dupree v. Scottsdale Ins. Co., 2015 NY S… Read More
July 8, 2015 Fraudulent Inducement Claim Proper Even Though False Representation Was Contained in Contract
On July 7, 2015, the First Department issued a decision in Wyle Inc. v. ITT Corp., 2015 NY Slip Op. … Read More
July 7, 2015 Contractual Venue-Selection Clause Trumps Requirement of CPLR 507 That An Action Concerning Title to Real Property Be Brought In the County Where the Property is Located
On June 8, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in NC… Read More
July 6, 2015 Court of Appeals Accepts Certified Questions from Delaware Supreme Court Regarding Allocation of Losses From Asbestos Injuries
On June 25, 2015, the Court of Appeals accepted certified questions from the Delaware Supreme Court … Read More
July 5, 2015 Fraud Claim Accrues at Time of Transaction, Not When Losses Subsequently Are Realized
On June 17, 2015, Justice Friedman of the New York County Commercial Division issued a decision in C… Read More
July 4, 2015 When Plaintiff Causes Defendant's Failure to Perform it Cannot Base a Claim Upon That Failure
On June 24, 2015, the Second Department issued a decision in Frank Brunckhorst Co., LLC v. JPKJ Real… Read More
July 3, 2015 New York Attorney Secure Pass Renewals Now Available Online
The Office of Court Administration has announced that you can now renew your attorney secure pass on… Read More
July 2, 2015 Services in Deciding Whether to Negotiate Real Estate Deal Not Covered by Statute of Frauds
On July 1, 2015, the Court of Appeals issued a decision in JF Capital Advisors, LLC v. Lightstone Gr… Read More
July 1, 2015 Purchaser of Note Lacked Standing to Bring Fraud Claims Because Claims Not Specifically Assigned
On June 30, 2015, the Court of Appeals issued a decision in Commonwealth of Pa. Public School Employ… Read More
June 30, 2015 Copyright Claim Cannot be Brought in State Court Even if Repackaged as State Law Claim
On June 8, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in C… Read More
June 29, 2015 Corporation's Payment of Back Taxes Retroactively Validated Contract Executed During Period of Delinquency
On June 2, 2015, Justice Singh of the New York County Commercial Division issued a decision in Exedu… Read More
June 28, 2015 Liquidating Agreement Claim by Subcontractor Accrues When General Contractor's Claim Time-Barred
On June 5, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Rad &… Read More
June 27, 2015 Default Judgments Reversed for Insufficient Proof of Service
On June 19, 2015, the Fourth Department issued a decision in Interboro Insurance Co. v. Tahir, 2015 … Read More
June 26, 2015 Answer Dismissed For Failure To Comply With CPLR § 3126 Conditional Order
On June 3, 2015, Justice Bransten of the New York County Commercial Division issued a decision in CP… Read More
June 24, 2015 Court Grants Plaintiff's Motion to Discontinue Action Without Prejudice
On June 8, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Tama… Read More
June 23, 2015 Contractual Disclaimers Preclude Party From Pleading Justifiable Reliance Element of Fraud Claim
On June 2, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Harmi… Read More
June 22, 2015 Arbitration Provision in Contract Allegedly Procured by Fraud Still Enforceable
On June 9, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Alkso… Read More
June 21, 2015 Intervention Not Allowed Because of Lack of Substantial Interest in Litigation
On June 11, 2015, the First Department issued a decision in Acadia Realty L.P. v. Ringel, 2015 NY Sl… Read More
June 20, 2015 Spoliation Sanctions Not Justified Where the Destroyed Documents Were Not Relevant to the Action
On June 11, 2015, the First Department issued a decision in AJ Holdings Group, LLC v. IP Holdings, L… Read More
June 19, 2015 No Claim for Breach of Representations and Warranties When Contract Waives Such Claims
On June 11, 2015, the First Department entered a decision in Cambridge Petroleum Holdings, Inc. v. L… Read More
June 18, 2015 Where Arbitral Body Selected by Parties Leaves Arbitrability to Arbitrators, Court Cannot Review
On June 11, 2015, the First Department issued a decision in Matter of Field v. BDO USA, LLP, 2015 NY… Read More
June 17, 2015 Issue Cannot be Appealed When it Has Already Been Appealed but Abandoned
On June 11, 2015, the First Department issued a decision in North Hill Funding of N.Y., LLC v Maiden… Read More
June 16, 2015 Guaranty Precluding Defenses Dooms Defense to Motion for Summary Judgment in Lieu of Complaint
On June 9, 2015, the Court of Appeals issued a decision in Cooperatieve Centrale Raiffeisen-Boerenle… Read More
June 15, 2015 Breach of RMBS Repurchase Obligation not Separate Breach of Contract With Own Limitations Period
On June 11, 2015, the Court of Appeals issued a decision in ACE Sec. Corp. v. DB Structured Prods., … Read More
June 14, 2015 Limitations Period for Corporate Derivative Claims Does Not Apply to LLC Members
On June 2, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Bl… Read More
June 13, 2015 Opportunity to Comment on Proposed Change to Court Rules
The Office of Court Administration has asked for public comment on a proposed change to the Uniform … Read More
June 12, 2015 Party Bound by Arbitration Clause in LLC Agreement in Suit Based on Related Employment Agreement
On June 2, 2015, the First Department issued a decision in Kellman v. Whyte, 2015 NY Slip Op. 04596,… Read More
June 11, 2015 Court of Appeals Grants Leave To Appeal In Case Involving Application of Business Judgment Rule to Going Private Transaction
On June 10, 2015, the Court of Appeals granted leave to appeal in Matter of Kenneth Cole Productions… Read More
June 10, 2015 Trustee May Bring Action in His Own Name
On June 4, 2015, the First Department issued a decision in Connery v. Sultan, 2015 NY Slip Op. 04750… Read More
June 9, 2015 Contract Unenforceable for Lack of Definiteness
On June 3, 2015, the Second Department issued a decision in UETA Latinamerica, Inc. v. Zafir, 2015 N… Read More
June 8, 2015 Agreement to Agree Not Enforceable Contract Even Though Memorialized in Writing
On June 4, 2015, the First Department issued a decision in Northern Stamping, Inc. v. Monomoy Capita… Read More
June 7, 2015 Usurious Interest Rate Makes Promissory Note Unenforceable
On May 27, 2015, the Second Department issued a decision in Fred Schutzman Co. v. Park Slope Advance… Read More
June 6, 2015 Second Department Declines to Hear Appeal Because of Faulty Record
On May 27, 2015, the Second Department issued a decision in Zutrau v. ICE Sys., Inc., 2015 NY Slip O… Read More
June 5, 2015 Court of Appeals Accepts Certified Questions Regarding Interpretation of New York’s Franchised Motor Vehicle Dealer Act
On June 4, 2015, the Court of Appeals accepted two certified questions from the Second Circuit in Be… Read More
June 4, 2015 Insurance Broker Not Liable for Alleged Torts and Breach of Contract of His Employer
On May 27, 2015, the Second Department issued a decision in Lido Beach Towers v. Denis A. Miller Ins… Read More
June 3, 2015 Plaintiffs Whose Insurance Claim Was Paid Not Entitled to Proceeds of Subrogation Action
On May 26, 2015, the First Department issued a decision in Ehrlich v. American Intl. Group, 2015 NY … Read More
June 2, 2015 Action Time-Barred for Failure to Exercise Due Diligence in Investigating Claim
On May 28, 2015, the First Department issued a decision in CIFG Assurance North America, Inc. v. Cre… Read More
June 1, 2015 Arguments of Interest In the Court of Appeals for the Week of June 1, 2015
Arguments in the Court of Appeals for the week of June 1, 2015 that may be of interest to commercial… Read More
May 31, 2015 Court Awards Attorneys' Fees on Fraudulent Conveyance Claim
On May 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Ohana… Read More
May 30, 2015 Injunction Must Be Bonded
On May 26, 2015, the First Department issued a decision in Soldiers', Sailors', Marines' and Airmen'… Read More
May 30, 2015 Action Dismissed for Champerty
On May 21, 2015, the First Department issued a decision in Justinian Capital SPC v. WestLB AG, 2015 … Read More
May 29, 2015 Foreign Corporation's New York Residence is Determined by Application to do Business
On May 20, 2015, the Second Department issued a decision in American Builders & Contractors Supp… Read More
May 28, 2015 Renewal Denied for Lack of Reasonable Excuse for Not Submitting Evidence Earlier
On May 20, 2015, the Second Department issued a decision in JBGR, LLC v. Chicago Title Insurance Co.… Read More
May 27, 2015 Court Permits Amendment To Complaint That Contradicts Admissions in Original Complaint
On May 12, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Avigd… Read More
May 26, 2015 Judiciary Law s. 487 Claim Can be Brought in Subsequent Action
On May 18, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Me… Read More
May 25, 2015 No Personal Jurisdiction Over Out-of-State Partner of Law Firm with New York Offices
On April 29, 2015, Justice Singh of the New York County Commercial Division issued a decision in Run… Read More
May 24, 2015 Court Explains Difference Between Civil and Criminal Contempt
On April 23, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 23, 2015 Court Enforces Contract That Violates Statute
On May 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in G… Read More
May 22, 2015 Contract Negotiated in New York Does Not Support Assertion of Jurisdiction When Claims Are Not for Breach of that Contract
On May 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in S… Read More
May 21, 2015 Breach of Contract Inextricably Intertwined With Promissory Note Sufficient to Defeat Motion for Summary Judgment in Lieu of Complaint on the Note
On May 13, 2015, the Second Department issued a decision in Montecalvo v. Cat E., LLC, 2015 NY Slip … Read More
May 20, 2015 Justice Ramos Updates Part Rules
Justice Charles E. Ramos of the New York County Commercial Division recently updated his part practi… Read More
May 19, 2015 Qui Tam Under False Claims Act Triggers Professional Liability Policy Exclusion For Claims "Brought By Or On Behalf Of" The Federal Government
On April 30, 2015, the First Department issued a decision in Certain Underwriters at Lloyd’s v. Hu… Read More
May 18, 2015 Court of Appeals Addresses Standard for Pleading "Justifiable Reliance" In Commercial Fraud Cases
On May 7, 2015, the Court of Appeals issued a decision in ACA Financial Guaranty Corp. v. Goldman, S… Read More
May 17, 2015 Decision Analyzes Elements of Claim for Fraud
On March 16, 2015, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
May 16, 2015 Plaintiff Bound by Agreement to Arbitrate Even Though He did not Sign It
On April 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 15, 2015 Prior Action Terminates for CPLR 205(a) Purposes When Appeal is Dismissed, Not When Underlying Order is Entered
On May 14, 2015, the Court of Appeals issued a decision in Malay v. City of Syracuse, 2015 NY Slip O… Read More
May 14, 2015 Award of Fees Under CPLR 3220 Available Even if Action is Disposed of on a Motion to Dismiss
On May 1, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v… Read More
May 13, 2015 No Statute of Limitations on Claim Based on Forged Deed
On May 12, 2015, the Court of Appeals issued a decision in Faison v. Lewis, 2015 NY Slip Op. 04026, … Read More
May 12, 2015 Counsel Fails to Demonstrate Law Office Failure Sufficient to Justify Vacating Default
On May 8, 2015, Justice Oing of the New York County Commercial Division issued a decision in Ludwigs… Read More
May 11, 2015 First Department Affirms Dismissal On Forum Non Conveniens Grounds
On April 28, 2015, the First Department issued a decision in Hanwha Life Ins. v. UBS AG, 2015 NY Sli… Read More
May 10, 2015 Notice of Pendency Vacated When Not Support by Allegations of Original Complaint
On April 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 9, 2015 Court Declines to Exercise Personal Jurisdiction Over Foreign Entities Under Mere Department Doctrine
On April 24, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 8, 2015 Defendant's Specialized Knowledge of its Own Business Insufficient Basis for Negligent Misrepresentation Claim
On April 16, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Pho… Read More
May 7, 2015 Continuous Representation Doctrine Requires More than a Continuing Relationship
On April 30, 2015, the First Department issued a decision in Johnson v. Proskauer Rose LLP, 2015 NY … Read More
May 6, 2015 Justice Anil C. Singh Posts Part Rules
Newly-appointed Justice Singh of the New York County Commercial Division recently posted his Individ… Read More
May 6, 2015 Class Must be Certified Even When Named Plaintiff No Longer Has Claim
On May 1, 2015, Justice Kornreich of the New York County issued a decision in Vasquez v. National Se… Read More
May 5, 2015 Litigant Ordered to Use Hague Convention to Obtain Foreign Bank Documents
On April 28, 2015, the First Department issued a decision in Peters v. Peters, 2015 NY Slip Op. 0348… Read More
May 4, 2015 First Department Affirms Denial of Class Certification
On April 28, 2015, the First Department issued a decision in Egan v. Telomerase Activation Sciences,… Read More
May 3, 2015 No Summary Judgment Against Sureties Where There Were Questions of Fact Regarding Whether They Were Bound by Prior Proceeding
On April 21, 2015, the First Department issued a decision in Five Star Electric Corp. v. Federal Ins… Read More
May 2, 2015 Failure to Justify Untimely Service of Complaint Results in Dismissal
On April 22, 2015, the Second Department issued a decision in J L Collier Corp. v. Wells Fargo Bank,… Read More
May 1, 2015 Rescission Not Available Where Status Quo Ante Cannot Be Restored
On April 22, 2015, the Second Department issued a decision in Habberstad Volkswagen, Inc. v. GC Volk… Read More
April 30, 2015 First Department Reverses Award of Sanctions for Frivolous Litigation
On April 23, 2015, the First Department issued a decision in Gordon Group Investments, LLC v. Kugler… Read More
April 29, 2015 No Dismissal Where Questions of When Fraud Could have Been Discovered Exist
On April 20, 2015, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
April 28, 2015 Defects in Summons Require Dismissal of Action Brought By Motion For Summary Judgment In Lieu of Complaint
On April 17, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
April 27, 2015 Corporate Officers Who Repaid Loans to Themselves Instead of Paying Creditors Liable for Fraudulent Conveyance
On April 16, 2015, the First Department issued a decision in Holme v. Global Minerals & Metals C… Read More
April 26, 2015 Court Excludes Parol Evidence
On April 16, 2015, the First Department issued a decision in Town New Development Sales & Marketing … Read More
April 25, 2015 Heter Iska Enforced as a Note, Not a Partnership Agreement
On April 15, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Kir… Read More
April 24, 2015 Plaintiff Entitled to Summary Judgment on Fraudulent Conveyance Claim
On April 15, 2015, the Second Department issued a decision in Akodes v. Pyatetsky, 2015 NY Slip Op. … Read More
April 23, 2015 Parol Evidence Admissible to Resolve Ambiguity in Construction Contract
On April 15, 2015, the Second Department issued a decision in Vivir of L I, Inc. v. Ehrenkranz, 2015… Read More
April 22, 2015 No Claim for Negligent Misrepresentation Without Special Relationship
On April 14, 2015, the First Department issued a decision in J.P. Morgan Securities Inc. v. Ader, 20… Read More
April 21, 2015 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the rules of… Read More
April 21, 2015 Negotiation of Contracts in New York Supports Assertion of Personal Jurisdiction Here
On April 14, 2015, the First Department issued a decision in Wilson v. Dantas, 2015 NY Slip Op. 0308… Read More
April 20, 2015 Arbitrator Disqualified for Failing to Follow Court's Direction
On April 16, 2015, the First Department issued a decision in Matter of Grynberg v. BP Exploration Op… Read More
April 19, 2015 Property Owner Not Liable for General Contractor's Breach of Contract
On April 8, 2015, the Second Department issued a decision in Sears Ready Mix, Ltd. v. Lighthouse Mar… Read More
April 18, 2015 Court of Appeals Arguments of Interest for the Week of April 27, 2015
Arguments the week of April 27, 2015, in the Court of Appeals that may be of interest to commercial… Read More
April 17, 2015 Transcripts and Videos of Arguments in the Court of Appeals for the Week of March 23, 2015, Now Available
On March 19, 2015, we noted two cases of interest from the oral arguments for the week of March 23, … Read More
April 17, 2015 Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing Upheld
On April 9, 2015, the First Department issued a decision in Demetre v. HMS Holdings Corp., 2015 NY S… Read More
April 16, 2015 Claim Relating to Oral Agreement to Sell Business Interests Dismissed on Statute of Frauds Grounds
On April 9, 2015, the First Department issued a decision in Basu v. Alphabet Management LLC, 2015 NY… Read More
April 15, 2015 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the rules of… Read More
April 15, 2015 Contract Provision Purporting To Delay Accrual of Breach of Contract Action Deemed Unenforceable
On March 3, 2015, Justice Friedman of the New York County Commercial Division issued a decision in U… Read More
April 14, 2015 Arbitral Award Vacated for Failure to Enforce Settlement Agreement
On April 9, 2015, the First Department issued a decision in Matter of Citigroup Global Markets, Inc.… Read More
April 13, 2015 Justice Anil C. Singh Appointed to Commercial Division
As reported in the New York Law Journal, New York County Supreme Court Justice Anil C. Singh has bee… Read More
April 13, 2015 Court Affirms Prohibition on Successive Motions
On April 7, 2015, the First Department issued a decision in Fleming & Assoc., CPA, PC v. Murray … Read More
April 12, 2015 No Oral Contract Where Party Refused to be Bound Except in Writing
On April 7, 2015, the First Department issued a decision in Stonehill Capital Management, LLC v. Ban… Read More
April 11, 2015 Court Declines Disqualification Under Lawyer Witness Rule
On April 3, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 10, 2015 Opportunity to Comment on Two Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the rules… Read More
April 10, 2015 Court Declines to Dismiss Donnelly Act Claims
On March 31, 2015, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
April 9, 2015 E-mail Correspondence Can Be Documentary Evidence Under CPLR 3211(a)(1)
On April 2, 2015, the First Department issued a decision in Kolchins v. Evolution Markets, Inc., 201… Read More
April 8, 2015 Justice Eileen Bransten Updates Part Rules
Justice Bransten of the New York County Commercial Division recently updated her Individual Practice… Read More
April 8, 2015 Claim for Breach of Covenant of Good Faith Permissible Where Not Duplicative
On April 2, 2015, the First Department issued a decision in Delta Dallas Alpha Corp. v. South St. Se… Read More
April 7, 2015 No Yellowstone Injunction Where Default Not Curable
On March 24, 2015, Justice Ritholtz of the Queens County Commercial Division issued a decision in NY… Read More
April 6, 2015 Failure to Plead Proximate Causation Fatal to Legal Malpractice Claim
On March 31, 2015, the First Department issued a decision in Candela Entertainment, Inc. v. Davis & … Read More
April 5, 2015 First Department Examines Demand Futility
On April 2, 2015, the First Department issued a decision in Bodner v. Grunstein, 2015 NY Slip Op. 02… Read More
April 4, 2015 Tolling Agreement Invalid for Lack of Termination Date
On March 3, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Alle… Read More
April 3, 2015 Court Authorizes Service by Facebook
On March 27, 2015, Justice Cooper of a New York County matrimonial part issued a decision in Baidoo … Read More
April 3, 2015 Renewal Denied for Lack of Diligence
On March 17, 2015, Justice Hart of the Queens County Commercial Division issued a decision in Faith … Read More
April 2, 2015 Court of Appeals Answers Certified Question from Second Circuit Regarding Interpretation of Oil and Gas Leases
On March 31, 2015, the Court of Appeals issued a decision in Beardslee v. Inflection Energy, LLC, 20… Read More
April 1, 2015 Nonresident Attorneys Must Maintain a Physical Office in New York
On March 31, 2015, the Court of Appeals issued a decision in Schoenefeld v. State of New York, 2015 … Read More
March 31, 2015 Motion In limine Denied as Belated Motion for Summary Judgment
On March 12, 2015, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
March 30, 2015 Justice Jeffrey K. Oing Updates Part Rules
Justice Oing of the New York County Commercial Division recently updated his Individual Practices. … Read More
March 29, 2015 Court Explores Scope of One Motion Rule
On March 20, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
March 28, 2015 Affidavit Rebutting Process Server's Affidavit Cannot be Conclusory
On March 24, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in Ban… Read More
March 27, 2015 Malpractice Defendants Seeking Summary Judgment Must Show that Plaintiff Cannot Prove its Claim
On March 18, 2015, the Second Department issued a decision in Smith v. Kaplan Belsky Ross Bartell, L… Read More
March 26, 2015 Plaintiff Not Required to Plead its Standing to Make a Claim
On March 18, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in HSB… Read More
March 25, 2015 Stipulation of Settlement Not Enforceable if Not Properly Memorialized
On March 18, 2015, the Second Department issued a decision in De Well Container Shipping Corp. v. Mi… Read More
March 24, 2015 Chief Administrative Judge Issues Report on Electronic Filing in New York
On March 16, 2015, Chief Administrative Judge Prudenti submitted a Report to the Legislature, the Go… Read More
March 24, 2015 First Department Analyzes Strict Compliance Requirement for Letters of Credit
On March 19, 2015, the First Department issued a decision in Ladenburg Thalmann & Co, Inc. v. Si… Read More
March 23, 2015 Second Department Enforces Contract Term Shortening Statute of Limitations
On March 18, 2015, the Second Department issued a decision in State of Narrow Fabric, Inc. v. UNIFI,… Read More
March 22, 2015 Claim Not Barred by UCC's Four-Year Statute of Limitations
On March 12, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in U.S.… Read More
March 21, 2015 First Department Analyzes Rules for Interpreting Letters of Credit
On March 17, 2015, the First Department issued a decision in BasicNet S.p.A. v. CFP Servs. Ltd., 201… Read More
March 20, 2015 Evidence That Process Server Was Unlicensed Sufficient to Rebut Plaintiff's Prima Facie Showing Of Proper Service
On March 12, 2015, the First Department issued a decision in Matter of Pasanella v. Quinn, 2015 NY S… Read More
March 20, 2015 NYSCEF Resource Center Reminds Users of the Importance of Using eTrack
Today, the NYSCEF Resource Center sent a reminder to registered attorneys regarding eTrack. For the… Read More
March 19, 2015 Justice Scarpulla Updates Part Rules
Justice Scarpulla of the New York County Commercial Division recently updated her part practices. … Read More
March 19, 2015 Court of Appeals Arguments of Interest for the Week of March 23, 2015
Arguments the week of March 23, 2015, in the Court of Appeals that may be of interest to commercial… Read More
March 18, 2015 Court Grants Preliminary Injunction/Attachment Order Directing Party That Spent Disputed Funds To Deposit Equivalent Amount In Segregated Account
On March 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
March 18, 2015 Defense Counsel Ordered to Pay Plaintiffs Attorneys' Fees As A Sanction For "Dilatory Discovery Conduct"
On March 4, 2015, Justice Bransten of the New York County Commercial Division issued a decision in V… Read More
March 17, 2015 Buyer’s Fraudulent Inducement Claim Survives Motion To Dismiss Despite Contract Provision Disclaiming Reliance On Seller’s Representations
On March 3, 2015, the First Department issued a decision in TIAA Global Investments, LLC v. One Asto… Read More
March 16, 2015 Reminder: Upcoming Panel on the Pilot Mandatory Mediation Program in the New York County Commercial Division
This is a reminder that on April 9, 2015, the Commercial Division Sub-Committee of the NYSBA Commerc… Read More
March 16, 2015 Opportunity to Comment on Proposed New Court Rule Regarding the Recognition of Tribal Court Judgments
The Office of Court Administration has asked for further public comment on a proposed new rule (22 N… Read More
March 15, 2015 Owner May Be Liable Under General Contractor's Contract With Subcontractor
On March 11, 2015, the Second Department issued a decision in Vertical Progression, Inc. v. Canyon J… Read More
March 14, 2015 Court Analyzes Damages For Which Enjoined Party May Recover
On February 27, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
March 13, 2015 Attorneys' Fees Award Reversed for Lack of Proof
On March 10, 2015, the First Department issued a decision in 135 E. 57th St., LLC v. 57th St. Day Sp… Read More
March 12, 2015 No Malpractice Claim Against Counsel for Other Party in a Deal
On March 2, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Lese… Read More
March 11, 2015 Statute of Limitations is Procedural, Not Substantive
On February 20, 2015, Justice Friedman of the New York County Commercial Division issued a decision … Read More
March 10, 2015 Court Certifies Class of Lien Law Beneficiaries
On February 24, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
March 9, 2015 Oral Modification of Completed Contract Not a Breach
On March 4, 2015, the Second Department issued a decision in El-Nahal v. FA Management, Inc., 2015 N… Read More
March 8, 2015 Counsel That Previously Had Represented Adverse Party Not Disqualified When Matters Not Related
On February 26, 2015, the First Department issued a decision in Becker v. Perla, 2015 NY Slip Op. 01… Read More
March 7, 2015 Broker Entitled to Commission Only When Meeting of Minds Between Buyer and Seller
On February 25, 2015, the Second Department issued decision in Pinnacle Realty of N.Y., LLC v. 255 B… Read More
March 6, 2015 Second Department Rules That Court Should Have Allowed Post-NOI Discovery
On February 25, 2015, the Second Department issued a decision in Portilla v. Law Offices of Arcia & … Read More
March 5, 2015 Court Declines to Disqualify Counsel That Negotiated Agreement Under Attorney-Witness Rule
On February 9, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
March 4, 2015 Fee Provision in Note Unenforceable Penalty
On February 19, 2015, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 3, 2015 Summary Judgment Granted Based on a "Mutual Account" Between the Parties
On February 3, 2015, Justice Solomon of the Kings County Commercial Division issued a decision in Ca… Read More
March 2, 2015 Former Transactional Counsel Disqualified From Serving as Litigation Counsel
On February 17, 2015, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
March 1, 2015 Lawyer Victim of Fake Foreign Client Scam
On February 11, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
February 28, 2015 First Department Examines Standard for Award of Punitive Damages
On February 26, 2015, the First Department issued a decision in Macy's Inc. v. Martha Stewart Living… Read More
February 27, 2015 Acquiror of Corporate Assets Liable for Corporation's Torts Under De Facto Merger Doctrine
On December 22, 2014, Justice Walker of the 8th Judicial District Commercial Division issued a decis… Read More
February 26, 2015 Absent Agreement on Treatment, Member's Payments to LLC are Loans, Not Capital Contributions
On February 18, 2015, the Second Department issued a decision in Chiu v. Chiu, 2015 NY Slip Op. 0142… Read More
February 25, 2015 Court of Appeals Holds that Qualified Litigation Privilege Applies to Pre-Litigation Statements
On February 24, 2015, the Court of Appeals issued a decision in Front, Inc. v. Khalil, 2015 NY Slip … Read More
February 24, 2015 Breach of Contract Plaintiff Not Entitled to Lost Profits
On February 18, 2015, the Second Department issued a decision in Todd Rotwein, D.P.M., P.C. v. Nader… Read More
February 23, 2015 Civil Contempt Granted For Use of Company Funds to Pay Attorney Fees in a Dissolution Proceeding
On February 5, 2015, Justice Kitzes of the Queens County Commercial Division issued a ruling in Niss… Read More
February 22, 2015 Martin Act Applies to Claims About Trading Venue as Well as Securities Traded in that Venue
On February 13, 2015, Justice Kornreich of the New York County Commercial division issued a decision… Read More
February 21, 2015 Fourth Department Analyzes Standard for Donnelly Act Claim
On February 13, 2015, the Fourth Department issued a decision in Radon Corp. of America, Inc. v. Nat… Read More
February 20, 2015 Court Cannot Rule on Pending Motion After Relieving Counsel
On February 17, 2015, the First Department issued a decision in Fan v. Sabin, 2015 NY Slip Op. 01400… Read More
February 19, 2015 Decision Illustrates How Foreign Documents Create Procedural Stumbling Blocks
On January 2, 2015, Justice Grays of the Queens County Commercial Division issued a decision in Smar… Read More
February 18, 2015 Non-Signatories Bound By Arbitration Provision in Contract That Was Signed By Their Agent And From Which They Received A Direct Benefit
On January 23, 2015, Justice Schmidt of the Kings County Commercial Division issued a decision in Oc… Read More
February 17, 2015 Court Enjoins Petitioners From Filing Any Further Process or Legal Proceedings Without Leave of Court
On January 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 16, 2015 Frivolous Lawsuit Insufficient Basis for Tortious Interference Claim
On February 10, 2015, the First Department issued a decision in Arnon Ltd (IOM) v. Beierwaltes, 2015… Read More
February 15, 2015 Second Department Addresses Standard to Determine Dispute Over Property Subject to Post-Judgment Collection
On February 11, 2015, the Second Department issued a decision in Born to Build, LLC v. Saleh, 2015 N… Read More
February 14, 2015 No Reasonable Reliance Without Due Diligence
On February 3, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 13, 2015 Statute of Frauds Can be Satisfied by Multiple Writings Read Together
On February 3, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 12, 2015 Court of Appeals Arguments of Interest for the Week of February 16, 2015
Arguments the week of February 16, 2015, in the Court of Appeals that may be of interest to commerc… Read More
February 11, 2015 No Jurisdiction Over Corporate Officers Based on Contract to Which They Were Not Parties
On February 2, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 10, 2015 Forum Selection Clause Enforced Despite Questions Concerning Law to be Applied in Chosen Forum
On January 30, 2015, Justice Scheinkman of the Westchester County Commercial Division issued a decis… Read More
February 9, 2015 Court not Bound by Parties' Agreed-to Formula for the Calculation of Attorneys' Fees
On February 4, 2015, the Second Department issued a decision in Prince v. Schacher, 2015 NY Slip Op.… Read More
February 8, 2015 CEO Should Have Been Allowed to Testify Regarding Damages
On February 3, 2015, the First Department issued a decision in Wathne Imports, Ltd. v. PLR USA, Inc.… Read More
February 7, 2015 Absent Covenant not to Compete, Selling Business Owner Can Advertise New Business
On January 20, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in We… Read More
February 6, 2015 Extrinsic Documents Not Part of Agreement Unless Specifically Incorporated by Reference
On January 23, 2015, Justice Demarest of the Kings County Commercial Division issued an opinion in Z… Read More
February 5, 2015 Damages in Derivative Action Must go to Corporation, Not Plaintiff
On January 28, 2015, the Second Department issued a decision in Sakow v. Waldman, 2015 NY Slip Op. 0… Read More
February 4, 2015 Court Examines Absolute and Qualified Privilege to Defamation Claims
On January 15, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
February 3, 2015 No Negligent Misrepresentation Claim Without Special Relationship of Trust or Confidence
On January 27, 2015, the First Department issued a decision in Basis Pac-Rim Opportunity Fund (Maste… Read More
February 2, 2015 Shareholders’ Management of Close Corporation Not Enjoined Because it Elected to Purchase Other Shareholder's Shares
On January 14, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in O… Read More
February 1, 2015 Court Finds That Non-Mandatory UK Forum Selection Clause Supports Forum Non Conveniens Dismissal
On January 21, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 31, 2015 Court Accepts Late Reply to Counterclaim Where Delay Was Result of Law Office Failure
On January 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 30, 2015 Disclaimer of Coverage Not in Bad Faith When No Intent to Delay and Arguable Basis for Denial Existed
On January 22, 2015, the First Department issued a decision in S Bros. Inc. v. Leading Insurance Ser… Read More
January 29, 2015 First Department Affirms Injunction Pending Arbitration Based, In Part, On Agreement Limiting Damages
On January 22, 2015, the First Department issued a decision in Matter of Rockwood Pigments NA, Inc. … Read More
January 28, 2015 First Department Analyzes "Manifest Intent" Requirement in Fidelity Bond
On January 22, 2015, the First Department issued a decision in Keybank N.A. v. National Union Fire I… Read More
January 27, 2015 Debt Not Acknowledged in Writing Does Not Revive Statute of Limitations
On January 21, 2015, the Second Department issued a decision in Mosab Construction Corp. v. Prospect… Read More
January 26, 2015 Court Denies Motion to Amend Petition for Judicial Dissolution of Corporation to Add Allegations to Post-Commencement Wrongdoing
On January 16, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
January 25, 2015 Insured Not Entitled to Coverage When it Fails to Set Fire Alarm as Required by Policy
On January 21, 2015, the Second Department issued a decision in Triple Diamond Café, Inc. v. Those … Read More
January 24, 2015 Court Enforces Choice of Law Provision Notwithstanding Dispute's Lack of Connection to New York
On January 9, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
January 23, 2015 SEC Administrative Order Insufficient to Establish Dishonesty Triggering Insurance Policy Dishonest Acts Exclusion
On January 15, 2015, the First Department issued a decision in J.P. Morgan Securities Inc. v. Vigila… Read More
January 22, 2015 Justice Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division recently updated his part practices and tri… Read More
January 21, 2015 "But for" Standard for Legal Malpractice Applies Equally to Accountant Malpractice Claim
On January 8, 2015, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
January 20, 2015 Consequential Damages Claim Dismissed Because Such Damages Not Contemplated at Time of Contracting
On January 14, 2015, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
January 19, 2015 Shareholder Has Standing to Assert Unjust Enrichment Claim
On January 13, 2015, the First Department issued a decision in Scott v. Pro Management Services Grou… Read More
January 18, 2015 Client Bound by Conflict Waiver With Counsel
On January 9, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 17, 2015 Transcripts and Videos of Arguments in the Court of Appeals for the Week of January 5, 2015, Now Available
On December 30, 2014, we noted two cases of interest from the oral arguments for the week of January… Read More
January 16, 2015 Issues of Fact As To Whether Foreign Unlicensed Corporation Was Doing Business In New York Preclude Dismissal Under BCL § 1312
On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 15, 2015 Recent Amendments to the Commercial Division Rules
Recently, the Chief Administrative Judge has adopted several changes to the Commercial Division Rule… Read More
January 14, 2015 Prospective Client Who Consults Attorney who Ultimately Represents Adverse Party Must Show Harm to Disqualify Counsel
On January 8, 2015, the First Department issued a decision in Mayers v. Stone Castle Partners, LLC, … Read More
January 13, 2015 Quick Review of CPLR 207: Tolling of the Limitations Period for Out-of-State Defendants
CPLR 207 governs the calculation of time for statute of limitations purposes when a defendant cannot… Read More
January 12, 2015 Expert Opinion Without Basis in Evidence Cannot Serve as Basis for Damage Award
On January 8, 2015, the Third Department issued a decision in Latham Land I LLC v. TGI Friday's Inc.… Read More
January 11, 2015 Another Commercial Division Rejection of a Class Action Settlement
On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 10, 2015 Exercise of Right of First Refusal Must Be Unqualified to be Binding
On December 19, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
January 9, 2015 Court of Appeals Arguments of Interest for the Week of January 12, 2015
Arguments the week of January 12, 2015 in the Court of Appeals that may be of interest to commercial… Read More
January 8, 2015 At-Will Employee Can Assert Breach of Contract Claim for Wages Owed
On December 31, 2014, the Second Department issued a decision in Webb v. Greater N.Y. Auto. Dealers … Read More
January 7, 2015 CPLR No Longer Requires Affidavits from Foreign Witnesses
Effective January 1, 2015, CPLR 2106 is amended to provide: (b) The statement of any person, when th… Read More
January 7, 2015 Insured Entitled to Fees After Prevailing on Claim for Declaratory Judgment
On December 30, 2014, the First Department issued a decision in American Home Assurance Co. v. Port … Read More
January 6, 2015 Court Rejects Class Action Settlement
On December 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
January 5, 2015 Court Refuses to Disqualify Counsel from Defending Both the Nominal Defendant and Other Defendants in a Derivative Action
On December 30, 2014, the First Department issued a decision in Stilwell Value Partners IV, L.P. v. … Read More
January 4, 2015 Breach of Contract Claim Does Not Accrue Until Plaintiff Had the Right to Demand Performance
On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
January 3, 2015 Guarantor of Corporation’s Performance of Covenants Under Contract Bound By Corporation’s Consent To Jurisdiction In New York
On December 31, 2014, the Second Department issued a decision in Professional Merchant Advance Capit… Read More
January 2, 2015 Communications with Accountant Not Privileged When No Record That He Was Engaged By and For Counsel
On December 19, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
January 1, 2015 No Appeal from Order Issued in Response to Letter Request
On December 30, 2014, the First Department issued a decision in 1471 Second Corp. v. Nat of NY Corp.… Read More
December 31, 2014 Contract Provision For Renegotiation Of Fees Too Vague To Be Enforced
On December 10, 2014, Justice Bransten of the New York County Commercial Division issued a decision … Read More
December 30, 2014 Court of Appeals Arguments of Interest for the Week of January 5, 2015
Arguments the week of January 5, 2015 in the Court of Appeals that may be of interest to commercial … Read More
December 30, 2014 Mechanics Lien That Incorrectly Listed Corporation As Property Owner Instead of Corporation's Sole Shareholder Could Be Amended To Reflect The True Owner
On December 16, 2014, the Court of Appeals issued a decision in Rigano v. Vibar Construction, Inc., … Read More
December 29, 2014 Supplier Lists Not Trade Secrets
On December 19, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
December 28, 2014 Officer of Dissolved Corporation Personally Liable For Obligations Incurred By Corporation Post-Dissolution
On December 17, 2014, the Second Department issued a decision in 80-02 Leasehold, LLC v. CM Realty H… Read More
December 27, 2014 Personal Jurisdiction Adequately Alleged Where There Was a Factual Showing that Out-of-State Defendants Conspired with In-State Defendant
On December 15, 2014, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 26, 2014 In Pari Delicto Doctrine Limited When Agent Defrauded its Principal
On December 17, 2014, the Second Department issued a decision in Schwartz v. Leaf, Salzman, Manganel… Read More
December 25, 2014 Court Provides Detailed Reasoning Behind Refusal to Allow a Discount for Lack of Marketability
On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 24, 2014 Limits on Foreign Corporations' Ability to Create Jurisdiction by Consent in New York
On December 23, 2014, the First Department issued a decision in Techo-TM, LLC v. Fireaway, Inc., 201… Read More
December 23, 2014 Intra-Law Firm Emails Relevant To Conflict Of Interest Not Protected From Disclosure In Malpractice Action
On December 5, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
December 22, 2014 No Fault Insurance Arbitration Award Vacated As Arbitrary and Capricious
On December 4, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 21, 2014 Plaintiff Cannot Bring Veil Piercing Claim Without Claim Against Entity Whose Veil is Being Pierced
On December 4, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in I… Read More
December 20, 2014 Complaint Struck for Failure to Comply With Discovery Obligations
On December 11, 2014, the Third Department issued a decision in BDS Copy Inks, Inc. v. International… Read More
December 19, 2014 Lease Acceleration Clause Not Per Se Unenforceable as Penalty
On December 18, 2014, the Court of Appeals issued a decision in 172 Van Duzer Realty Corp. v. Globe … Read More
December 18, 2014 Court May not Review Arbitrator's Interim Discovery Orders
On December 11, 2014, the First Department issued a decision in Kramer v. Geldwert, 2014 NY Slip Op.… Read More
December 17, 2014 Court of Appeals Grants Leave To Appeal In Case Involving Guarantor’s Liability When Amount Due Under a Note Is Modified By Agreement
On December 16, 2014, the Court of Appeals granted leave to appeal in PAF-PAR LLC v. Silberberg, 201… Read More
December 16, 2014 Notice of Claim Sent To Insured's Broker Does Not Constitute Notice To Insurance Carrier
On November 24, 2014, the Court of Appeals issued a decision in Strauss Painting, Inc. v. Mt. Hawley… Read More
December 15, 2014 Party Sanctioned for Harassing Opponent
On December 8, 2014, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
December 14, 2014 Where Contract Calls for Continuing Performance, Breach of Contract Claim Accrues Continuously With Each Failure to Perform
On December 5, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in N… Read More
December 13, 2014 First Department Rules that GBL 239-c, Relating to Appraisals, Must be Narrowly Construed
On December 9, 2014, the First Department issued a decision in TOV Manufacturing, Inc. v. Jaco Impor… Read More
December 12, 2014 Foreign Communications Subject to New York Privilege Rules When Discovery Order Provides that Discovery Will be Conducted Under the CPLR
On December 4, 2014, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche … Read More
December 11, 2014 Sophisticated Party Fails to State Fraud Claim When it Cannot Show Due Diligence
On December 4, 2014, the First Department issued a decision in MAFG Art Fund, LLC v. Gagosian, 2014 … Read More
December 10, 2014 Subsequent Communications Do Not Create New Contract in Face of Merger Clause
On December 4, 2014, the First Department issued a decision in Global Events LLC v. Manhattan Center… Read More
December 9, 2014 Joint Defense Privilege Can Exist in Absence of Threatened or Pending Litigation
On December 4, 2014, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide … Read More
December 8, 2014 Conclusory Allegations of Law Office Failure Insufficient to Justify Vacating Default Judgment
On December 3, 2014, the Second Department issued a decision in Neilson v. 6D Farm Corp., 2014 NY Sl… Read More
December 7, 2014 Plaintiff Likely to Succeed on Common Law Claim for Unfair Competition
On November 20, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
December 6, 2014 Lack of Standing Curable by Amendment
On November 20, 2014, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 5, 2014 Insurance Company Did Not Satisfy Obligation To Give "Written Notice to the Insured" of Disclaimer of Liability By Sending Notice to Another Carrier for The Insured
On November 24, 2014, the Court of Appeals issued a decision in Sierra v. 4401 Sunset Park, LLC, 201… Read More
December 4, 2014 Court Refuses to Quash Subpoena Under Common Law Doctrine of Legal Immunity from Service
On November 21, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
December 3, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of November 17, 2014, Now Available
On November 17, 2014, we noted two cases of interest from the oral arguments for the week of Novembe… Read More
December 2, 2014 Arbitration Provision in One Agreement Found to Apply to Second, Related Agreement
On November 25, 2014, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
December 1, 2014 Court Refuses to Dismiss Unfair Competition Claim
On November 17, 2014, Justice Bransten of the New York County Commercial Division issued a decision … Read More
November 30, 2014 Court Declines to Stay Action in Favor of Pending Bankruptcy
On November 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
November 29, 2014 Court Sanctions Plaintiff for Asserting Previously-Decided Claims
On November 24, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
November 28, 2014 Claims May be Amended to Conform to Proof Absent Prejudice to Opponent
On November 25, 2014, the Court of Appeals issued a decision in Kimso Apartments, LLC v Gandhi, 2014… Read More
November 27, 2014 New Jersey Launches Complex Business Litigation Program
On November 13, 2014, the Acting Administrative Director of the New Jersey State Courts issued a Not… Read More
November 26, 2014 Court Not Required to Apply Entire Fairness Standard to Going Private Transaction
On November 20, 2014, the First Department issued a decision in Matter of Kenneth Cole Products, Inc… Read More
November 25, 2014 Fraud Claim Fails When Sophisticated investor Fails to Conduct Due Diligence
On November 20, 2014, the First Department issued a decision in MMCT, LLC v. JTR College Point, LLC,… Read More
November 23, 2014 Out-of-State Medical Practice not Subject to Personal Jurisdiction in New York Based on Passive Website and Communications Initiated by the Plaintiff
On November 20, 2014, the Court of Appeals issued a decision in Paterno v. Laser Spine Inst., 2014 N… Read More
November 22, 2014 Schlam Stone & Dolan Partner to be Panelist on ADR Ethics at NYSBA Meeting
On Thursday, January 29, 2015, Schlam Stone & Dolan LLP partner Erik S. Groothuis will be a panelist… Read More
November 22, 2014 Acceleration Clause Saves Oral Agreement for Payment Over Time from Invalidity Under the Statute of Frauds
On November 21, 2014, the Fourth Department issued a decision in Stevens v. Perrigo, 2014 NY Slip Op… Read More
November 20, 2014 Trial Court Rules Amended to Clarify Requirements for Redaction of Confidential Personal Information
On November 6, 2014, the Chief Administrative Judge signed an order adding subdivision (e) to Rule 2… Read More
November 19, 2014 Court Rejects Arbitral Award
On November 7, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in M… Read More
November 18, 2014 Testimony Regarding Documents Precluded by Best Evidence Rule
On November 13, 2014, the First Department issued a decision in Shanmugam v. SCI Engineering, P.C., … Read More
November 17, 2014 Court of Appeals Arguments of Interest for the Week of November 17, 2014
Arguments the week of November 17, 2014, in the Court of Appeals that may be of interest to commerc… Read More
November 16, 2014 Court Enforces Agreement to Arbitrate
On October 29, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Re… Read More
November 15, 2014 Former Employees Preliminarily Enjoined from Carrying On New Business
On November 3, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in F… Read More
November 14, 2014 Court Interprets Real Property Law Section 223
On October 28, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in W.… Read More
November 13, 2014 Breach of Contract, Without More, Insufficient to Justify Rescission
On September 26, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in… Read More
November 12, 2014 Class Settlement Providing for a Fee Award to Plaintiff’s Counsel Approved Despite Lack of a Monetary Recovery or any Change in the Terms of the Deal
On October 22, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 11, 2014 LLC Law § 407(a) Permits Freeze-Out Mergers to be Approved on Written Consent
On October 30, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 10, 2014 Defendants' Indirect Connections to New York Insufficient to Establish Personal Jurisdiction
On November 6, 2014, the First Department issued a decision in Bluewaters Communications Holdings, L… Read More
November 9, 2014 Separate Entity Rule Prevents Garnishment of Assets in Foreign Bank Through its New York Branch
On October 23, 2014, the Court of Appeals issued a decision in Motorola Credit Corp. v. Standard Cha… Read More
November 8, 2014 Client’s Failure To Appeal Adverse Decision Bars Legal Malpractice Claim Only Where The Client Was Likely To Have Succeeded On Appeal
On October 21, 2014, the Court of Appeals issued a decision in Grace v. Law, holding that a client's… Read More
November 7, 2014 Court Applies Rules of Common Law Dissolution to Shareholder Dispute
On October 28, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in C… Read More
November 6, 2014 Forum Selection Clause Not Enforced When Neither Parties Nor Agreement Connected to Chosen Forum
On November 5, 2014, the Second Department issued a decision in U.S. Merchandise, Inc. v L&R Dis… Read More
November 5, 2014 Justices Oing and Schweitzer Update Part Rules
Justices Jeffrey K. Oing and Melvin L. Schweitzer of the New York County Commercial Division recentl… Read More
November 5, 2014 CLE Program: Commercial Division Practice: What You Need to Know
On December 5, 2014, Schlam Stone & Dolan partners Jeffrey Eilender and John Lundin will co-chai… Read More
November 4, 2014 Second Circuit Asks Court of Appeals to Clarify Power of New York City to Regulate Law Firms Engaged in Debt Collection
On October 29, 2014, in Eric M. Berman, P.C. v. City of New York, 13-CV‐598, the Second Circuit ce… Read More
November 3, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of October 20, 2014, Now Available
On October 20, 2014, we noted three cases of interest from the oral arguments for the week of Octobe… Read More
November 2, 2014 Court Denies Motion to Dismiss Based on Champerty
On October 28, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 1, 2014 Litigation Counsel Disqualified Under Attorney-Witness Rule
On October 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 31, 2014 Court of Appeals Holds That, Absent Express Language, "Affiliate" only Includes Existing Affiliates
On October 23, 2014, the Court of Appeals issued a decision in Ellington v. EMI Music, Inc., 2014 NY… Read More
October 30, 2014 Court Applies Pro Rata "Time on the Risk" Method to Allocate Loss From Environmental Damage Among Liability Insurance Policies
On October 14, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
October 29, 2014 Appellant's Arguments Rejected Based on Judicial Estoppel
On October 21, 2014, the First Department issued a decision in Bank Hapoalim B.M. v. Westlb AG, 2014… Read More
October 28, 2014 No Claim for Breach of Covenant of Good Faith and Fair Dealing When Claim Has Same Basis as Breach of Contract Claim
On October 21, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in J… Read More
October 27, 2014 Account Stated Claim Survives Notwithstanding Plaintiff's Inability Fully to Document All Charges
On October 23, 2014, the First Department issued a decision in Robson & Miller, LLP v. Sakow, 20… Read More
October 26, 2014 Court Uses Doctrine of Falsus in Uno, Falsus in Omnibus to Find Whole of Witness's Testimony Not Credible
On October 2, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
October 25, 2014 Court Finds No Oral Modification of Written Contract
On September 25, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in… Read More
October 24, 2014 Breach of a Contractual Representation or Warranty Occurs at the Time of Signing, Not the Effective Date of the Agreement
On October 21, 2014, the First Department issued a decision in U.S. Bank N.A. v DLJ Mortgage Capital… Read More
October 23, 2014 Implied Covenant of Good Faith and Fair Dealing Requires Landlord to Consent to Renewal of Sidewalk Cafe Permit
On October 21, 2014, the First Department issued a decision in DMF Gramercy Enterprises, Inc. v. Lil… Read More
October 21, 2014 Standard of "Ordinary and Reasonable Skill and Knowledge" In Legal Malpractice Action Measured As Of the Time of the Representation
On September 18, 2014, the First Department issued a decision in Lichtenstein v. Willkie Farr & … Read More
October 20, 2014 Court of Appeals Arguments of Interest for the Week of October 20, 2014
Arguments the week of October 20, 2014, in the Court of Appeals that may be of interest to commerci… Read More
October 19, 2014 A Cautionary Tale Regarding Procedural Pitfalls: Part 2
In yesterday's post on the October 1, 2014, decisions by Justice Oing of the New York County Commer… Read More
October 18, 2014 A Cautionary Tale Regarding Procedural Pitfalls: Part 1
On October 1, 2014, Justice Oing of the New York County Commercial Division issued two decisions in … Read More
October 17, 2014 Claim by Nonresident Dismissed Based on Statute of Limitations of State Where Claim Accrued
On October 9, 2014, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
October 16, 2014 Second Department Affirms Decision Finding Fee Splitting Agreements Unlawful
On October 15, 2014, the Second Department issued a decision in South Shore Neurologic Associates, P… Read More
October 15, 2014 Action for Corporate Waste Cannot be Brought Against the Former Sole Owner of a Company
On October 14, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in K… Read More
October 15, 2014 Economic Loss Rule Precludes Tort Claims For Purely Economic Losses Arising From Defective Product
On October 1, 2014, the Second Department issued a decision in 126 Newton St., LLC v. Allbrand Comme… Read More
October 14, 2014 Non-Signatory May Be Bound by a Contract's Forum Selection Clause
On October 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
October 13, 2014 Commercial Non-Compete Agreement Enforced as Written, Including the Injunctive Relief and No-Bond Provisions
On October 2, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in Er… Read More
October 12, 2014 Claim for Conspiracy to Commit Fraud Allowed as Claim for Liability for Fraud on Part of Conspirators
On September 23, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in … Read More
October 11, 2014 First Department Discusses Differences Between Direct and Derivative Claims
On September 30, 2014, the First Department issued a decision in Serino v. Lipper, 2014 NY Slip Op. … Read More
October 10, 2014 Defendants Sued in Their Individual Capacities Cannot Bring Counterclaims as Trustees or Agents for Non-Parties, Nor Bring Counterclaims Against Non-Parties who Allegedly Control a Party
On September 23, 2014, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 9, 2014 When Valuing a Minority Interest, Discount for Lack of Marketability Need not be Applied if no Real Likelihood the Company will be Sold in the Future
On October 6, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
October 7, 2014 Fraud Claim Reinstated When Inaction Based on Fraudulent Statements Could be Presumed
On October 2, 2014, the First Department issued a decision in Fidelity National Title Insurance Co. … Read More
October 6, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
October 6, 2014 When Summary Judgment Decision Provides for Right to Assert New Causes of Action, Res Judicata Does Not Bar Assertion of Those Claims
On September 18, 2014, Justice Scheinkman of the Westchester County Commercial Division issued a dec… Read More
October 5, 2014 Court Orders Conditional Dismissal for Failure to Provide Discovery
On September 8, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
October 4, 2014 Justice Emily Pines Updates Part Rules
Justice Pines of the Suffolk County Commercial Division recently updated her Individual Practices. … Read More
October 4, 2014 Law Office Failure Good Cause for Failure Timely to Answer
On September 23, 2014, the First Department issued a decision in Metropolitan Property & Casualt… Read More
October 3, 2014 Class Certification Denied for Failure to Submit Evidence Showing Numerosity
On September 5, 2014, Justice Bransten of the New York County Commercial Division issued a decision … Read More
October 2, 2014 Unjust Enrichment Claim Survives When Defendants Allegedly Received Funds to Which Payor Had No Right
On September 11, 2014, Justice Bransten of the New York County Commercial Division issued a decision… Read More
October 1, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
October 1, 2014 No Third-Party Claim Where Plaintiff Made no Claim Against Defendant for Which Third Party Defendant Could be Liable
On September 25, 2014, the First Department issued a decision in Fidelity National Title Insurance C… Read More
September 30, 2014 Reinsurer Entitled to Discovery on Reasonableness of Insurer's Settlement and Allocation Decisions
On September 15, 2014, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
September 29, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
September 29, 2014 No Claim for Fraudulent Concealment Where no Duty to Disclose
On September 23, 2014, the First Department issued a decision in SSA Holdings LLC v. Kaplan, 2014 NY… Read More
September 28, 2014 Post-Answer Motion to Dismiss Converted to Motion for Summary Judgment
On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
September 28, 2014 Justice Jamieson Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Linda S. Jamieson of th… Read More
September 27, 2014 Cell Phone Not Within Scope of Stored Communications Act
On September 10, 2014, Justice Oing of the New York County Commercial Division issued a decision in … Read More
September 26, 2014 Justice Emily Pines Updates Part Rules
Justice Pines of the Suffolk County Commercial Division recently updated her Individual Practices. … Read More
September 26, 2014 Justice Solomon Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Martin M. Solomon of th… Read More
September 26, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 15, 2014, Now Available
On September 8, 2014, we noted two cases of interest from the oral arguments for the week of Septemb… Read More
September 25, 2014 No Claim for Equitable Subrogation Where Payments Were Voluntary Settlements
On September 12, 2014, Justice Bransten of the New York County Commercial Division issued a decision… Read More
September 24, 2014 New York does not Follow the "Fiduciary Shield" Doctrine, so Corporate Officers' Actions on Behalf of a Company can Form the Basis for Personal Jurisdiction over the Officer
On September 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
September 23, 2014 Reverter Provision Unenforceable if not Recorded within 30 Years; Action for Injunctive Relief or Money Damages can Proceed Regardless
On August 21, 2014, Justice Grays of the Queens County Commercial Division issued a decision in The … Read More
September 22, 2014 Federal Arbitration Act Does Not Apply to California Insurance Law Requiring Arbitration Agreements to be Filed With State
On September 11, 2014, the First Department issued a decision in Matter of Monarch Consulting, Inc. … Read More
September 21, 2014 Assignee of Notes for Purposes of Collection Only Lacks Standing
On September 16, 2014, Justice Friedman of the New York County Commercial Division issued a decision… Read More
September 20, 2014 First Department Reverses Trial Court Discovery Order
On September 18, 2014, the First Department issued a decision in MSCI Inc. v. Jacob, 2014 NY Slip Op… Read More
September 19, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 8, 2014, Now Available
On September 8, 2014, we noted a case of interest from the oral arguments for the week of September … Read More
September 18, 2014 Enforcement of Judgment Not Stayed Pending Appeal When Undertaking Not Filed With County Clerk
On September 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
September 17, 2014 Appeal Dismissed Due to Deficiencies in Record
On September 17, 2014, the Second Department entered a decision in Green Tree Credit, LLC v. Jelks, … Read More
September 16, 2014 Customer Lists Readily Ascertainable from Sources Outside Employer's Business not Trade Secrets
On August 21, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Ch… Read More
September 15, 2014 Plaintiff's Concealment of Fact that Money Owed under a Note had been Repaid by a Third Party Justified Striking the Complaint as a Discovery Sanction
On September 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a Decisio… Read More
September 14, 2014 Shareholders' Right To Inspect Corporate Books And Records Properly Invoked To Aid Investigation of Misconduct By Management And To Obtain Information In Aid of Litigation
On September 11, 2014, the First Department issued a decision in Retirement Plan for General Employe… Read More
September 13, 2014 Claim Involving Mandatory Statutory Penalties Cannnot be Brought as a Class Action
On September 10, 2014, the Second Department issued a decision in County of Nassau v. Expedia, Inc.,… Read More
September 12, 2014 CLE Program: Practicing in NYS Supreme Court
On October 9, 2014, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the … Read More
September 11, 2014 Air Rights Real Property That Cannot be Converted
On September 3, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
September 10, 2014 Fraud Claim Dismissed As Duplicative of Breach of Contract Claim
On September 4, 2014, the First Department issued a decision in Beta Holdings, Inc. v. Goldsmith, 20… Read More
September 9, 2014 Claim for Breach of Covenant of Good Faith and Fair Dealing Duplicative When it Arises from Same Operative Facts as Contract Claim
On September 4, 2014, the First Department issued a decision in Mill Financial, LLC v. Gillett, 2014… Read More
September 8, 2014 Court of Appeals Arguments of Interest for the Weeks of September 8, 2014 and September 15, 2014
Arguments the weeks of September 8, 2014 and September 15, 2014, in the Court of Appeals that may b… Read More
September 7, 2014 Defendant Not Allowed to Subpoena Plaintiffs' Employees Directly
On August 28, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 6, 2014 Insured Must Act Promptly to get Advancement of Defense Costs; Past Defense Costs Need not be Paid until any Coverage Litigation is Resolved
On August 27, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
September 5, 2014 Attorney Affidavit Admitted in Support of Motion for Summary Judgment
On August 27, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 4, 2014 Court of Appeals Accepts Certified Questions Regarding Interpretation of Oil and Gas Leases
On August 28, 2014, the Court of Appeals accepted two certified questions from the Second Circuit in… Read More
September 3, 2014 First Department Decisions Address Use of Emails As "Documentary Evidence" For Motion to Dismiss
On August 28, 2014, the First Department issued decisions in Amsterdam Hospitality Group, LLC v. Mar… Read More
September 2, 2014 Second Department Affirms Trial Court Decision Modifying Settlement Agreement
On August 27, 2014, the Second Department issued a decision in Mochkin v. Mochkin, 2014 NY Slip Op.… Read More
September 1, 2014 Court Cites Champerty Law in Denying Motion to Substitute Parties
On August 19, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 31, 2014 Contract That Has Consideration When Entered Into Does Not Fail for Lack of Consideration if Circumstances Change
On August 20, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Tr… Read More
August 30, 2014 Sophisticated Party Cannot Use Lack of Time as Excuse for Failure to Exercise Due Diligence
On August 6, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 29, 2014 Defamation Claim Dismissed Where Statements Were Protected By "Fair Reporting" Privilege
On August 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 28, 2014 Acquirer Not Liable for Tortious Interference With Contract of Company it Acquired
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
August 27, 2014 Defendant Can Be Held Liable Statements in Preliminary Offering Materials it Later Disclaimed
On August 5, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
August 26, 2014 Court Grants Summary Judgment Even Though Defendants Sought More Discovery
On August 15, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Fl… Read More
August 25, 2014 New York Choice of Law Clause Not Sufficient To Invoke New York Rule Against Punitive Damages Awards In Arbitration
On August 14, 2014, the First Department issued a decision in In re Flintlock Construction Services,… Read More
August 24, 2014 Court Refuses to Vacate Default Judgment Where Defendant Provides no Reasonable Excuse for his Failure to Answer
On August 5, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Wel… Read More
August 23, 2014 Statute of Limitations Applicable to Fraud and Breach of Fiduciary Duty Claims Can Vary Based on Nature of Claim and Relief Sought
On August 4, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
August 22, 2014 Exchange of E-mails Did Not Create Binding Settlement Agreement
On August 6, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Rubi… Read More
August 21, 2014 Statute of Frauds Applies to All Aspects of Agreement Regarding Negotiating Business Opportunity
On July 30, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
August 20, 2014 JHO Vacates Own Report For Exceeding Her Mandate
On August 13, 2014, the Second Department issued a decision in GMS Batching, Inc. v. TADCO Construc… Read More
August 19, 2014 Judgment Creditor’s Attempt to Compel Turnover of Israeli Bank Account Denied due to Lack of Jurisdiction, 'Separate Entity' Rule
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
August 18, 2014 Second Department Analyzes Rules Applying to the Admissibility of Out-of-State Affidavits
On August 13, 2014, the Second Department issued a decision in Midfirst Bank v. Agho, 2014 NY Slip … Read More
August 17, 2014 No Need for a Corporate Officer to Make Demand on Board Before Bringing BCL 706, 716 or 720 Actions
On August 6, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Kot… Read More
August 16, 2014 Lack of Due Diligence no Bar to Fraud Claim When no Amount of Diligence Would have Uncovered Fraud
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
August 15, 2014 Commercial Division Rules Amended to Add Rule Regarding Discovery of Non-Party ESI
The Chief Administrative Judge has signed an order adding a new rule regarding the discovery of elec… Read More
August 14, 2014 Plaintiff States Contract Claim Based on Two Separate, Contemporaneous Documents
On August 7, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in 833… Read More
August 13, 2014 Supreme Court Decides Special Proceeding to Enjoin Trademark Violation Despite Co-Pending Federal Trademark Action
On August 4, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Mat… Read More
August 12, 2014 First Department Addresses Scope of Federal Arbitration Act
On August 7, 2014, the First Department issued a decision in Cusimano v. Schnurr, 2014 NY Slip Op. 0… Read More
August 11, 2014 Court Reminds Counsel of Procedure for Citing to Electronically-Filed Documents
On July 31, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
August 10, 2014 Company Bound by Apparent Authority it Created in Former Officer
On August 8, 2014, the Fourth Department issued a decision in Pasquarella v. 1525 William St., LLC, … Read More
August 9, 2014 CPLR 205 Tolls Statute of Limitations for Special Proceeding Improperly Brought as a Plenary Action
On July 30, 2014, Justice Friedman of the New York County Commercial Division issued a decision in W… Read More
August 8, 2014 Prior Representation Not Grounds For Disqualification of Attorney Where Former Client Waived Conflict In Engagement Letter
On August 6, 2014, the Second Department issued a decision in Grovick Properties, LLC v. 83-10 Astor… Read More
August 7, 2014 Trial Court Decision Denying Motion for Failure to Follow Part Rules Reversed
On August 6, 2014, the Second Department issued a decision in Middleton v. Russell, 2014 NY Slip Op.… Read More
August 6, 2014 Fraud Claim Dismissed for Failure to Exercise Due Diligence
On July 25, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 5, 2014 Corporate Officer Awarded Advancement of Fees
On July 24, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Gene… Read More
August 4, 2014 Insured Demanding Reinstatement Must Pay Premiums on Improperly Terminated Life Insurance Policy
On July 25, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Ruben… Read More
August 3, 2014 Petition to Stay Mandatory Mediation Dismissed
On July 25, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Matte… Read More
August 2, 2014 No Personal Jurisdiction Based on Solicitation of Business in State Without More
On July 30, 2014, the Second Department issued a decision in Mejia-Haffner v. Killington, Ltd., 201… Read More
August 1, 2014 Legal Argument to be in Memorandum of Law, Not Attorney Affirmation
On July 17, 2014, Justice Bransten of the New York County Commercial division issued a decision in R… Read More
July 31, 2014 Motion for Stay in Favor of Arbitration Denied When Complete Identity of Parties Lacking
On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 30, 2014 When no Present Claim and a Subsequent Dispute Would be New and Distinct, Party not Necessary Under CPLR 1001
On July 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 29, 2014 Analyses Performed by Litigation Counsel Not Work Product When Done to Meet Contractual Obligation
On July 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 28, 2014 Court Refuses to Order Production of ESI, Finding Previous Productions Sufficient
On July 17, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
July 27, 2014 Class Not Certified When Plaintiff's Evidence of Class Size is Insufficient
On June 24, 2014, Justice Platkin of the Albany County Commercial Division issued an opinion in Pica… Read More
July 26, 2014 Commercial Division Rules Amended to Increase Monetary Thresholds and Encourage Early Exchange of Documents Facilitating Settlement
The Chief Administrative Judge has signed orders (1) raising most of the monetary thresholds for ass… Read More
July 25, 2014 Even Where CPLR 3211(a)(4) Does Not Require Dismissal, Cases Can be Consolidated
On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 24, 2014 BCL § 1112 is Controlling for Determining Venue In an Action Seeking Judicial Dissolution
On July 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sici… Read More
July 23, 2014 Commercial Division Applies Delaware Demand Futility Pleading Rules
On July 3, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
July 22, 2014 Policy Exclusions Bar Coverage For Banks Sued By Investors Who Lost Funds In Madoff Ponzi Scheme
On June 24, 2014, the First Department issued a decision in Associated Community Bancorp, Inc. v. St… Read More
July 21, 2014 Court Examines Scope of Claim for Fraudulent Conveyance
On July 7, 2014, Justice Ramos of the New York County Commercial Division issued a decision in 135 E… Read More
July 20, 2014 Double Derivative Claim Dismissed For Failure to Show Control of Subsidiary
On July 9, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
July 19, 2014 Agreement Lacking Formula for Computing Compensation not Void for Indefiniteness
On July 9, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in B… Read More
July 18, 2014 Absent Precise Language To the Contrary, Limitations Period In Insurance Policy Runs From Date Coverage Was Denied, Not Date of Underlying Loss
On June 30, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 17, 2014 Court Examines Elements of Claim for Misappropriation of Skills and Expenditures in Pinterest Lawsuit
On July 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
July 16, 2014 Court Lacks Power to Remove LLC Member
On July 9, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
July 15, 2014 Opportunity to Comment on Proposed New Uniform Civil Rules for Supreme Court and County Court
The Office of Court Administration has asked for public comment on a proposed new rule on the recog… Read More
July 15, 2014 Consequential Damages Not Available When Not Contemplated at the Time of Contracting
On July 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
July 14, 2014 Insurer Could Not Use Tort Theory to Transfer Back to Insured Risks the Insurer Had Assumed
On July 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in A… Read More
July 13, 2014 Small Claims Decision Has Res Judicata Effect in Supreme Court
On July 10, 2014, the Third Department issued a decision in Tovar v. Tesoros Property Management, L… Read More
July 12, 2014 Claims Dismissed for Failure to Present Evidence of Proximate Causation
On June 30, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in M… Read More
July 11, 2014 Commercial Division Rules Amended to Add Rules Regarding Case Assignment and Privilege Logs
The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of… Read More
July 11, 2014 Trade Secrets Discoverable From Non-Party Only When Relevant, Indispensable and Not Otherwise Acquirable
On July 9, 2014, the Second Department issued a decision in Ferolito v. Arizona Beverages USA, LLC, … Read More
July 10, 2014 Opportunity to Comment on Proposed Change to Joint Rules of the Appellate Division
The Office of Court Administration has asked for public comment on a proposed change to the Joint Ru… Read More
July 9, 2014 Nominations for the 2014 ABA Journal Blawg 100
To our readers: The ABA Journal is now accepting nominations for the 2014 ABA Journal Blawg 100.  I… Read More
July 9, 2014 Notarization by Consular Official Meets CPLR 2309 Authentication Requirement
On July 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sokol… Read More
July 7, 2014 Condominium Board Lacked Capacity to Bring Lawsuit Because Suit was not Formally Approved by Board
On July 2, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Board… Read More
July 6, 2014 Commissions for Out-of-State Discovery Not Issued When No Showing that Proposed Deponent Would Not Give Discovery Voluntarily
On June 30, 2014, Justice Destefano of the Nassau County Commercial Division issued a decision in Va… Read More
July 5, 2014 Specific Indemnification Provision Trumps General One
On June 24, 2014, the First Department issued a decision in Plymouth Financial Co., Inc. v. Plymouth… Read More
July 3, 2014 Summary Judgment In Lieu of Complaint Available Even When There Are Conditions Beyond Failure to Pay
On June 19, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 2, 2014 Parties not Limited to Formal Discovery Process
On June 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision in A… Read More
July 1, 2014 Pending Hourly Fee Matters are Not Partnership Property
On July 1, 2014, the Court of Appeals issued a decision in In re: Thelen LLP and In re: Coudert Brot… Read More
July 1, 2014 Contract and Quasi-Contract Claims Based On Oral Modification to Contract Survive Despite "No Oral Modification" Clause
On June 25, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Laqu… Read More
June 30, 2014 New York County Commercial Division Updates Rules, Includes Pilot Mandatory Mediation Program
The New York County Commercial Division has updated the Rules and Procedures of the Alternative Disp… Read More
June 30, 2014 Insurance Policy Flood Damage Cap Applies to All Flood Damage, Even Categories of Damage With a Separate, Higher Cap
On June 27, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
June 30, 2014 Plaintiff may Waive Statutory Damages and Bring a Class Action Despite CPLR § 901(b)
On June 30, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
June 30, 2014 Litigation Trustee Denied Intervention in Lawsuit Between Insureds and Insurers
On June 18, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
June 29, 2014 Breach of Contract Claim Survives Because Nominal Damages Satisfy Damages Element of Claim
On June 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
June 28, 2014 Court Should Have Decided Motion for Summary Judgment Even Though Filed More Than 120 days After the Note of Issue
On June 25, 2014, the Second Department issued a decision in Shao v. Cao, 2014 NY Slip Op. 04733, r… Read More
June 27, 2014 Justice Jeffrey K. Oing Updates Part Rules
Justice Oing of the New York County Commercial Division recently updated his Individual Practices. … Read More
June 27, 2014 Foreign Statute of Limitations Does Not Apply in Actions Brought Under CPLR § 205(a)
On June 26, 2014, the Court of Appeals issued a decision in Norex Petroleum Ltd. v. Blavatnik, 2014 … Read More
June 26, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
June 26, 2014 Breach of Contract Claim Dismissed as Duplicative of Malpractice Claim
On June 17, 2014, Justice Walker of the 8th Judicial District Commercial Division issued a decision … Read More
June 25, 2014 Available Damages Against Sponsor of Mortgage-Backed Securities Trust Limited By "Sole Remedies" Provision in Governing Documents
On May 29, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
June 24, 2014 Summary Judgment Granted Despite Request for More Discovery
On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmste… Read More
June 23, 2014 Commercial Division Rules Amended to Add Rules Regarding Interrogatories
The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by… Read More
June 23, 2014 Theories of Damages in the Macy’s v. J.C. Penney Litigation
On June 16, 2014, Justice Oing of the New York County Commercial Division issued a decision in Macy'… Read More
June 22, 2014 Class Counsel Awarded Reduced Fees
On June 13, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Schu… Read More
June 21, 2014 Investment Bank Not Entitled To Transaction Fee For Acquisition Where Engagement Letter Applied To "Sale, Transfer or other Disposition" of the Company's Assets
On June 17, 2014, the First Department issued a decision in Miller Tabak + Co., LLC v. Senetek PLC,… Read More
June 20, 2014 Decision Illustrates Limits to the Scope of General Business Law Section 349
On June 12, 2014, the First Department issued a decision in Seller v. Citimortgage, Inc., 2014 NY Sl… Read More
June 19, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
June 19, 2014 Action Against Referral Service Fails
On June 9, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Vi… Read More
June 18, 2014 Fraud Claim Dismissed for Lack of Reasonable Reliance Where Sophisticated Plaintiff Failed to Conduct Due Diligence
On June 13, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Phoe… Read More
June 16, 2014 No-Action Clause Must Be Strictly Construed
On June 10, 2014, the Court of Appeals issued a decision in Quadrant Structured Products Co., Ltd. v… Read More
June 16, 2014 First Department Addresses Disclosure of Documents That Are Privileged as to Only Some Parties
On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY… Read More
June 15, 2014 Court Refuses to Enforce Alleged Parol Forum Selection Clause
On June 12, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Zuck… Read More
June 14, 2014 Personal Guaranty Unenforceable Because Loan was Usurious
On June 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sasid… Read More
June 13, 2014 Liability Insurer did not Waive Defense of Late Notice by Failing to Disclaim Coverage on this Ground "As Soon as Reasonably Possible"
On June 10, 2014, the Court of Appeals issued a decision in KeySpan Gas Electric Corp. v. Munich Rei… Read More
June 12, 2014 Claim Dismissed Based on In Pari Delicto Doctrine
On June 4, 2014, the Second Department issued a decision in Burgers Bar Five Towns, LLC v. Burger Ho… Read More
June 11, 2014 Brokerage Agreement Held to Create an Exclusive Agency, not an Exclusive Right to Sell
On June 10, 2014, the Court of Appeals issued a decision in Morpheus Capital Advisors LLC v UBS AG, … Read More
June 10, 2014 Boilerplate Affirmative Defenses are Subject to Dismissal
On June 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Amazo… Read More
June 9, 2014 Court of Appeals Grants Leave To Appeal In Case of First Impression Regarding Interpretation of Computer System Fraud Insurance Policy
On June 5, 2014, the New York Court of Appeals granted the plaintiff’s motion for leave to appeal … Read More
June 8, 2014 Guarantor Not Liable When Note is Paid, Even if Amount Paid is Less Than Amount Guaranteed
On June 5, 2014, the First Department issued a decision in PAF-PAR LLC v. Silberberg, 2014 NY Slip O… Read More
June 7, 2014 Attorney has no Liability to Third Parties for Negligence in Performing Legal Services for Client
On May 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Go… Read More
June 6, 2014 Failure to Issue Litigation Hold Not Per Se Gross Negligence
On June 5, 2014, a divided panel of the First Department issued a decision in Pegasus Aviation I, In… Read More
June 6, 2014 Parties Who Agree to Negotiate are not Bound to Negotiate Indefinitely
On June 5, 2014, the Court of Appeals issued a decision in IDT Corp. v. Tyco Group, S.A.R.L., 2014 N… Read More
June 6, 2014 SECOND UPDATE: Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
June 5, 2014 UPDATE Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
June 4, 2014 Notwithstanding Internal Affairs Doctrine, Some Claims in Derivative Action Governed by New York Law
On June 3, 2014, the First Department issued a decision in Culligan Soft Water Co. v. Clayton Dubil… Read More
June 3, 2014 Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
This guest post was written by Isaac B. Zaur of Clarick Gueron Reisbaum LLP. Last week saw rapid-… Read More
June 2, 2014 Agreement Term Shortening Limitations Period Applies to Claims Arising From the Agreement
On May 27, 2014, the First Department issued a decision in Smile Train, Inc. v. Ferris Consulting Co… Read More
June 1, 2014 Motion for Summary Judgment in Lieu of Complaint Denied Because Right to Payment Not Ascertainable from Document
On May 20, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Go… Read More
May 31, 2014 Covenant of Good Faith and Fair Dealing Breached When Plaintiff's Rights Under an Agreement are Frustrated
On May 29, 2014, the First Department issued a decision in Pleiades Publishing, Inc. v. Springer Sci… Read More
May 30, 2014 Lack of Personal Jurisdiction not a Defense to Domestication of a Foreign Judgment
On May 27, 2014, the First Department entered a decision in Abu Dhabi Commercial Bank PJSC v. Saad T… Read More
May 29, 2014 Court of Appeals Arguments of Interest for the Week of June 2, 2014
Arguments the week of June 2, 2014, in the Court of Appeals that may be of interest to commercial l… Read More
May 29, 2014 CLE Program: Commercial Litigation Academy 2014
On June 5, 2014, Schlam Stone & Dolan partner Jeffrey Eilender will co-chair a CLE program about… Read More
May 29, 2014 Unit Owners’ Vote Insulates Condominium Board from Derivative Action
On May 16, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in D… Read More
May 28, 2014 Unilateral Mistake Insufficient to Justifiy Reformation of Deed Without Clear and Convincing Evidence of Fraud
On May 22, 2014, the Third Department issued a decision in Timber Rattlesnake, LLC v. Devine, 2014 N… Read More
May 27, 2014 Sale of Realty Company's Office Building Was Not in the Due Course Because it Was Not in Business of Selling Property
On May 22, 2014, the First Department issued a decision in Theatre District Realty Corp. v. Appleby,… Read More
May 26, 2014 Merger Clause Prevents Fraud Claim Based on Alleged Pre-Contract Promises
On May 16, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in A… Read More
May 25, 2014 Forum Selection Clause Enforceable Absent Fraud or Overreaching
On May 13, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in U.… Read More
May 23, 2014 Organization State Law Determines Whether Derivative Action Plaintiff is Entitled to Discovery on Demand Refusal
On May 22, 2014, the First Department issued a decision in Lerner v. Prince, 2014 NY Slip Op. 03763,… Read More
May 22, 2014 Broker Entitled to Commission When it has Direct and Proximate Link to the Transaction
On May 20, 2014, the First Department issued a decision in SPRE Realty, Ltd. v. Dienst, 2014 NY Sli… Read More
May 21, 2014 Insurance Policy's Criminal Acts Exclusion Applies To Claims Arising From Criminal Acts of Employee Of Which The Company Is Unaware
On May 8, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Aptuit… Read More
May 20, 2014 Fraudulent Inducement Claim Not Duplicative When Based on Misrepresentations of Present Facts Collateral to Contract
On May 13, 2014, the First Department issued a decision in Shugrue v. Stahl, 2014 NY Slip Op. 03460,… Read More
May 19, 2014 Best Efforts Clause Enforceable if Criteria Can be Inferred From Circumstances
On May 13, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Board… Read More
May 18, 2014 Reports Can Be Basis for Fraud Claim Despite Disclaimers When Facts Peculiarly within Defendant's Knowledge
On May 13, 2014, the First Department issued a decision in Forty Central Park South, Inc. v. Anza, 2… Read More
May 17, 2014 Prevailing Plaintiff in Derivative Action Entitled to Fees, But From Corporation, Not Defendant
On April 2, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in Mot… Read More
May 16, 2014 Derivative Plaintiff Entitled to Advancement of Attorneys’ Fees to Defend Counterclaims Brought by Corporation
On May 14, 2014, Justice DeStefano of the Nassau County Commercial Division issued a decision in Sch… Read More
May 16, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of May 5, 2014, Now Available
On May 1, 2014, we noted four cases of interest from the oral arguments for the week of May 5, 2014:… Read More
May 15, 2014 Justice O. Peter Sherwood Updates Part Rules
Justice Sherwood of the New York County Commercial Division recently updated his Individual Practice… Read More
May 13, 2014 Parties Can Modify UCC-Mandated Time for Customer to Notify Bank of Improperly Paid Item if the Modification is Not Manifestly Unreasonable
On May 8, 2014, the Court of Appeals issued a decision in Clemente Brothers Contracting Corp. v. Haf… Read More
May 12, 2014 Court Recognizes Claim for Negligence/Insurer's Errors and Omissions
On May 1, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in N… Read More
May 11, 2014 Contractually-Provided Damages Not Enforceable if They are Mere Penalties
On April 11, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
May 10, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of April 28, 2014, Now Available
Transcripts and audio/video recordings of arguments in the Court of Appeals for the week of April 28… Read More
May 10, 2014 Former Counsel for Business Associates Disqualified from Representing One Former Client Against Another
On May 7, 2014, the Second Department issued a decision in Gordon v. Ifeanyichukwu Chuba Orakwue … Read More
May 9, 2014 Commercial Division Rules Amended to Add Rules for Accelerated Adjudication
The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by … Read More
May 9, 2014 Failure Timely to File for Class Certification Mandates Denial of Certification
On April 30, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
May 9, 2014 Fraud on the Court Must be Proved by Clear and Convincing Evidence
On May 8, 2014, the Court of Appeals issued a decision in CDR Creances S.A.S. v. Cohen, 2014 NY Slip… Read More
May 8, 2014 Minor Amendment to a Complaint Proves Fatal to Plaintiff's Case
On May 6, 2014, the First Department issued a decision in Healthcare I.Q., LLC v. Tsai Chung Chao, 2… Read More
May 7, 2014 Bank Must Honor Cashier's Check Absent Fraud or Check Being Lost, Stolen, or Destroyed
On May 6, 2014, the Court of Appeals issued a decision in Golden v. Citibank, N.A., 2014 NY Slip Op.… Read More
May 6, 2014 Justice Jeffrey K. Oing Updates Part Rules
Justice Oing of the New York County Commercial Division recently updated his Individual Practices. … Read More
May 6, 2014 Defamation Claim Dismissed Because Not Pled With Particularity
On April 23, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
May 5, 2014 Evidence Inadmissible Under Dead Man's Statute Admissible In Opposition to Summary Judgment
On March 31, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Peck… Read More
May 4, 2014 Action Transferred to Civil Court After Summary Judgment Limits Damages
On April 23, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 3, 2014 No Fraud Without Justifiable Reliance on Alleged Misrepresentation
On May 1, 2014, the First Department issued a decision in Mosaic Caribe, Ltd. v. AllSettled Group, I… Read More
May 2, 2014 Order is Not Appealable Merely Because it Contains Language or Reasoning that a Party Deems Adverse to its Interests
On April 30, 2014, the Second Department issued a decision in George Tsunis Real Estate, Inc. v. Ben… Read More
May 1, 2014 Court of Appeals Arguments of Interest for the Week of May 5, 2014
Arguments the week of May 5, 2014, in the Court of Appeals that may be of interest to commercial li… Read More
April 30, 2014 LLC Judicially Dissolved Because it Could Not Pursue its Stated Purpose
On April 18, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Mat… Read More
April 28, 2014 Court of Appeals Arguments of Interest for the Week of April 28, 2014
An argument on April 29, 2014, in the Court of Appeals that may be of interest to Commercial Divisi… Read More
April 28, 2014 Damages Limitations Clause Enforceable Even When it Leaves Plaintiff Without a Remedy
On April 14, 2014, Justice Pines of the Suffolk County Commercial Division issued a decision in J. P… Read More
April 27, 2014 Contractual Jury Waiver Enforceable Even When Plaintiff Alleges Fraudulent Inducement
On April 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
April 26, 2014 Commissions Need Not be Paid Absent a Written Contract
On April 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
April 24, 2014 Filing Lawsuits and Owning an Interest in Property Not Doing Business in New York for LLC Law Section 808 Purposes
On April 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
April 23, 2014 Justice Ritholtz Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Martin E. Ritholtz of t… Read More
April 23, 2014 Acting as Sub-landlord Doing Business Within the Meaning of BCL Prohibition on Foreign Unregistered Business Lawsuits
On April 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in MKC… Read More
April 22, 2014 Website, Without More, Insufficient to Create Personal Jurisdiction in New York
On April 7, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Stein… Read More
April 21, 2014 Use of New York Bank To Facilitate Dollar Transfers In a Foreign Exchange Transaction Not Sufficient to Avoid Forum Non Conveniens Dismissal
On April 8, 2014, the Court of Appeals issued a decision in Mashreqbank PSC v. Ahmed Hamad A1 Gosa… Read More
April 20, 2014 Malicious Prosecution and Abuse of Process Claims Dismissed for Failure to Meet Heavy Pleading Burden
On April 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
April 19, 2014 Statute of Limitations for Common Law Copyright Infringement Six Years
On April 14, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 18, 2014 Insured Not Entitled To Attorneys' Fee Incurred In Coverage Action
On April 8, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 17, 2014 Chinese Wall Does Not Prevent Law Firm From Being Disqualified
On April 4, 2014, Justice Friedman of the New York County Commercial Division issued a decision in M… Read More
April 16, 2014 Insurance Broker Owes Non-Contractual Duty to Other Brokers
On April 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
April 15, 2014 Court Will Not Examine Adequacy of Consideration Given for Guarantee Absent Fraud or Unconscionability
On April 8, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
April 14, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
April 13, 2014 Decision Analyzes Limits of Former Employee's Common Law Obligations to Employer
On April 2, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Free… Read More
April 12, 2014 E-Mails Can Meet Signed Writing Requirement of Statute of Frauds
On March 31, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
April 11, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
April 11, 2014 Settlement of Federal Derivative Action Bars State Court Plaintiff’s Derivative Action
On April 1, 2014, Justice Lowe (formerly of the New York County Commercial Division and now Presidin… Read More
April 10, 2014 Second Circuit Asks Court of Appeals to Clarify the Minimum Requirements Under Judiciary Law § 470
On April 8, 2014, in Schoenefeld v. State of New York, 11-4283-cv, the Second Circuit certified a q… Read More
April 9, 2014 Uploading of Incorrect Commencing Document In E-Filing System Was Correctable Error Under CPLR 2001
On March 28, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in McC… Read More
April 8, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
April 8, 2014 Attorney may not Include Statutory Fee Award when Calculating Contingent Fee Unless Specifically Included by the Retainer Agreement
On April 3, 2014, the Court of Appeals issued a decision in Albunio v. City of New York, 2014 NY Sli… Read More
April 7, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
April 7, 2014 Court Addresses Remedies for Violation of Non-Compete, Non-Disclosure and Non-Solicitation Agreements
On March 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 5, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of March 24, 2014, Now Available
Transcripts and videos of arguments in the Court of Appeals for the week of March 24, 2014, are now … Read More
April 5, 2014 Compliance with Notice and Cure Provision Condition Precedent to Bringing Suit
On March 28, 2014, the Fourth Department issued a decision in Accadia Site Contracting, Inc. v. Erie… Read More
April 5, 2014 Agency Agreement Within the Statute of Frauds
On March 26, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Wil… Read More
April 4, 2014 Court of Appeals Invites Amici Curiae on Real Property Law Issue
The Court of Appeals recently posted the following Notice to the Bar - Court Request for Amici Curia… Read More
April 4, 2014 Court of Appeals Clarifies Standard for Quashing Non-Party Subpoenas
On April 3, 2014, the Court of Appeals issued a decision in Matter of Kapon v. Koch, 2014 NY Slip Op… Read More
April 3, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
April 3, 2014 Motion to Disqualify Granted Despite Absence of "Significant Harm"
On March 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 2, 2014 Lost Re-sale Profits Recoverable as General Damages When Those Profits Were Contemplated By the Contract
On March 27, 2014, the Court of Appeals issued a decision in Biotronik A.G. v. Conor Medsystems Ire… Read More
April 1, 2014 Court of Appeals Rules That Limitations Period for Judiciary Law § 487 Claims is Six Years
On April 1, 2014, the Court of Appeals issued a decision in Melcher v. Greenberg Traurig, 2014 NY Sl… Read More
April 1, 2014 Financial Advisor's Claims Dismissed on Statute of Fraud Grounds
On March 25, 2014, the First Department issued a decision in JF Capital Advisors, LLC v. Lightstone… Read More
March 31, 2014 Summary Judgment Granted in Favor of Veil-Piercing Claim
On March 19, 2014, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
March 30, 2014 Appellant Sanctioned for Submitting Deficient Record on Appeal
On March 27, 2014, the First Department issued a decision in Getty Properties Corp. v. Getty Petrole… Read More
March 29, 2014 Judiciary Law Section 487 Claims Must Be Brought in Forum in Which Misconduct Occurred
On March 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
March 28, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of February 17, 2014, Now Available
Transcripts and videos of arguments in the Court of Appeals for the week of February 17, 2014, are n… Read More
March 28, 2014 Defendant Whose CPLR 3220 Offer Was Rejected is Entitled to Her Attorneys' Fees Related to Proving Damages From Time of Offer
On March 27, 2014, the First Department issued a decision in Abreu v. Barkin & Associates Realt… Read More
March 28, 2014 New York County Commercial Division Justices Oing and Scarpulla Participate in Test Program to Use Hyperlinks in E-Filed Papers
On March 17, 2014, the New York County Commercial Division announced an experimental program to use… Read More
March 27, 2014 LLC Member Not Permitted to Withdraw From LLC
On March 12, 2014, Justice Kitzes of the Queens County Commercial Division issued a decision in In t… Read More
March 26, 2014 Default Judgment Not Vacated When No Reasonable Excuse is Offered for the Default
On March 25, 2014, the First Department issued a decision in Sunrise Capital Partners Management LLC… Read More
March 25, 2014 Party Bound By Discovery Stipulation Signed by His Counsel
On March 19, 2014, the Second Department issued a decision in Born to Build, LLC v. Saleh, 2014 NY S… Read More
March 24, 2014 Claim For Legal Malpractice Accrues When Client Receives Negligent Work Product
On March 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in X… Read More
March 23, 2014 Denying Petitioner is Shareholder Can Constitute Oppressive Conduct Justifying Corporate Dissolution
On March 11, 2014, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
March 22, 2014 Court of Appeals Arguments of Interest for the Week of March 24, 2014
Arguments the week of March 24, 2014, in the Court of Appeals that may be of interest to Commercial… Read More
March 21, 2014 Statute of Frauds and At-Will Employment Doctrine Bar Claim for Unpaid Commissions
On March 7, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
March 20, 2014 Failure to Provide Client With Engagement Letter or Notice of Right to Arbitrate Dooms Suit for Fees
On March 19, 2014, the Second Department issued a decision in Gary Friedman, P.C. v. O'Neill, 2014 N… Read More
March 19, 2014 Quantum Meruit Claim Survives Even When Contract Claim Dismissed on Statute of Frauds Grounds
On March 18, 2014, the First Department issued a decision in Chapman, Spira & Carson, LLC v. He… Read More
March 18, 2014 Defaulting Defendant’s Insurer Has Standing To Intervene
On March 6, 2014, Justice Friedman of the New York County Commercial Division issued a decision in C… Read More
March 17, 2014 Lost Rent Not Available Remedy for Tenant's Failure to Repair
On March 11, 2014, a divided panel of the First Department issued a decision in Building Service Loc… Read More
March 16, 2014 Recent Decision Illustrates Rules for Computation of Pre-Judgment Interest
On March 6, 2014, Justice Friedman of the New York County Commercial Division issued a decision in N… Read More
March 15, 2014 Lack of Sophistication No Excuse for Not Bringing Action Before Statute of Limitations Runs
On March 11, 2014, the First Department issued a decision in Apt v. Morgan Stanley DW, Inc., 2014 NY… Read More
March 14, 2014 For Insurance Purposes, Cash is "In Transit" Even While it is Being Held in the Carrier's Vault
On March 11, 2014, the First Department issued a decision in CashZone Check Cashing Corp. v. Vigilan… Read More
March 13, 2014 No Separate Cause of Action For Insurance Carrier's Bad Faith Claims Handling
On February 26, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
March 12, 2014 Person Who Signs Contract on Behalf of Non-Existent Entity Personally Liable
On March 11, 2014, the First Department entered a decision in Sunquest Enterprises, Inc. v. Zar, 20… Read More
March 11, 2014 Lawyer's "Stalking" of Jurors Leads to Mistrial
On March 5, 2014, Justice Karalunas of the Onondaga County Commercial Division issued a decision in … Read More
March 10, 2014 Findings In SEC and NYSE Administrative Orders Do Not Trigger Dishonest Act Exclusion Under Professional Liability Policy
On February 28, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
March 9, 2014 Second Department Finds Private Right of Action Under Prompt Pay Law
On March 5, 2014, the Second Department issued a decision in Maimonides Medical Center v. First Unit… Read More
March 8, 2014 Court Identifies Elements of Claim for Aiding and Abetting Undue Influence
On February 28, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
March 7, 2014 Standard for Pre-Award Attachment Under CPLR 7502(c) is that Award Must Otherwise Be "Rendered Ineffectual"
On March 6, 2014, the First Department issued a decision in Matter of Kadish v. First Midwest Securi… Read More
March 6, 2014 Justice Saliann Scarpulla Posts Part Rules
Newly-appointed Justice Saliann Scarpulla of the New York County Commercial Division recently post… Read More
March 5, 2014 Buyer's Broker Not Third-Party Beneficiary of Real Estate Sales Contract That Refers Only to Commission to Seller's Broker
On February 20, 2014, Justice Pines of the Suffolk County Commercial Division issued a decision in S… Read More
March 4, 2014 Unjust Enrichment Claim Viable Even Though Defendant Committed No Wrongful Act Against the Defendant
On February 26, 2014, the Second Department issued a decision in Alan B. Greenfield, M.D., P.C. v. B… Read More
March 3, 2014 Court of Appeals Rules That Issues of Fact Preclude Dismissal On Summary Judgment of Negligence Claim Against Insurance Broker
On February 25, 2014, the Court of Appeals issued a decision in Voss v. Netherlands Insurance Co., 2… Read More
March 2, 2014 Case Dismissed for Champerty
On February 24, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
March 1, 2014 Settlement Term Sheet Enforceable Despite Statement That Formal Papers Would Be Executed
On February 27, 2014, the First Department issued a decision in Trolman v. Trolman, Glaser & Li… Read More
February 28, 2014 Complaint Dismissed for Failure to Comply With Contract's Mandatory Mediation Provisions
On February 20, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
February 27, 2014 Court of Appeals Agrees to Hear Certified Questions Regarding Application of "Separate Entity Rule" to Post-Judgment Enforcement Proceedings
On January 18, 2014, we posted that in Tire Engineering & Distribution, L.L.C., et al. v. Bank o… Read More
February 26, 2014 Court of Appeals Rules On Reargument That Liability Insurer’s Breach of Duty To Defend Did Not Preclude The Insurer From Relying On Policy Exclusions To Avoid Duty To Indemnify
On February 18, 2014, the Court of Appeals issued a decision in K2 Investment Group, LLC v. American… Read More
February 25, 2014 Foreign Default Judgment Enforceable in New York Even if the Foreign Court Did Not Have Personal Jurisdiction over Defendant Where Defendant Consented to Jurisdiction
On February 25, 2014, the Court of Appeals issued a decision in Landauer Ltd. v. Joe Monani Fish Co… Read More
February 24, 2014 First Department Rules That Disgorgement May Be Available As An Equitable Remedy For Attorney General Claims Under Martin Act and Executive Law
On February 20, 2014, the First Department issued a decision in People v. Ernst & Young, LLP, 20… Read More
February 23, 2014 Complaint to Reform Contract Dismissed for Failure to Join All Parties to Contract
On February 5, 2014, New York County Commercial Division Justice Bransten issued a decision in Oppen… Read More
February 22, 2014 Whether Defendants Were "Sellers" Under UCC is Factual Question Precluding Dismissal on Statute of Limitations Grounds
On December 11, 2013, Justice Schmidt of the Kings County Commercial Division issued a decision in … Read More
February 21, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Week of February 10, 2014, Now Available
Transcripts and videos of arguments in the Court of Appeals for the week of February 10, 2014, are n… Read More
February 21, 2014 Unwritten Agreement to Arbitrate Enforceable, But Waived by Defendant's Assertion of Claims in Lawsuit
On February 19, 2014, the Second Department issued a decision in Willer v. Kleinman, 2014 NY Slip O… Read More
February 20, 2014 Justice Charles E. Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division recently updated his Individual Practices. … Read More
February 20, 2014 First Department Reverses Grant of Renewal For Lack of Diligence in Seeking Evidence
On February 18, 2014, the First Department issued a decision in Orchard Hotel, LLC v. D.A.B. Group, … Read More
February 19, 2014 Court Grants Reargument When it Fails to Address Argument Made in Footnote
On February 6, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
February 18, 2014 Case Against New Jersey Defendants Dismissed for Lack of Personal Jurisdiction
On February 18, 2014, the First Department issued a decision in SunLight General Capital LLC v. CJS … Read More
February 16, 2014 Legal Malpractice Claim Survives Summary Judgment Because of Potential Red Flag Requiring Law Firm to Investigate Client Representations
On February 13, 2014, the First Department issued a decision in Nomura Asset Capital Corp. v. Cadwal… Read More
February 15, 2014 Alleged Breach of Disciplinary Rule Alone Does Not Create a Cause of Action for Legal Malpractice
On February 4, 2014, Justice Oing of the New York County Commercial Division issued a decision in Po… Read More
February 14, 2014 Reminder: Threshold for New York County Commercial Division Cases Goes up to $500,000 Effective Monday, February 17, 2014
As we previously posted, on Monday, February 17, 2014, the monetary threshold for the assignment of … Read More
February 13, 2014 Court of Appeals Rules That Two-Year Statute of Limitations In Insurance Policy Is Unenforceable Where Contractual Condition Precedent To Suit Could Not Be Accomplished Within Two Years
The Court of Appeals issued a decision today in Executive Plaza, LLC v. Peerless Insurance Company, … Read More
February 13, 2014 Agreement Not Unconscionable Because it Was Not One Only a Delusional Party Would Make
On February 11, 2014, the First Department issued a decision in B.D. Estate Planning Corp. v. Tracht… Read More
February 12, 2014 Fourth Department Declares Florida Law Regarding the Enforcement of Non-Compete Agreements Unenforceable on Public Policy Grounds
On February 7, 2014, the Fourth Department issued a decision in Brown & Brown, Inc. v. Johnson, … Read More
February 12, 2014 2014 State of the Judiciary Address
On February 11, 2014, Chief Judge Lippman gave his 2014 State of the Judiciary address. The Court of… Read More
February 11, 2014 Breach of Contract With Which Promissory Note Was Inextricably Intertwined Creates Defense to Payment of the Note
On January 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Z… Read More
February 10, 2014 Court of Appeals Arguments of Interest for the Weeks of February 10 and 17, 2014
Arguments this month in the Court of Appeals that may be of interest to Commercial Division practit… Read More
February 9, 2014 Party Waives Right to Arbitrate by Litigating Same Issues
On February 5, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 8, 2014 Justice Kapnick Gives Qualified Approval to $8.5 billion Settlement of Mortgage-Backed Securities Claims
On January 31, 2014, former New York County Commercial Division Justice Barbara Kapnick (now sitting… Read More
February 7, 2014 Defendants Succeed in Limiting Most of the Categories of Damages in Lawsuit; Punitive Damages Claim Survives
On January 23, 2014, Justice Marks of the New York County Commercial Division issued a decision in J… Read More
February 6, 2014 Motion to Dismiss May be Used to Limit Damages Theories Even if Claims Survive
On February 5, 2014, the Second Department issued a decision in Hecht v. Andover Associates Manageme… Read More
February 5, 2014 New York County Case Assignment Changes
The elevation of New York County Commercial Division Justice Kapnick to the First Department has re… Read More
February 5, 2014 New Monetary Threshold for New York County Commercial Division Takes Effect February 17, 2014
The change of the monetary threshold for assignment to the New York County Commercial Division from … Read More
February 5, 2014 Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
February 5, 2014 Fact Witness Not Allowed to Channel Expert's Opinion
On January 22, 2014, Justice Ramos of the New York County Commercial Division issued a decision in W… Read More
February 4, 2014 Landlord's Alleged Role in Frustrating Achievement of Contract's Purpose Allows Claim for Breach of Duty of Good Faith and Fair Dealing to Survive Motion to Dismiss
On January 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 3, 2014 Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of January 6 and January 13 Now Available
Transcripts and videos of arguments in the Court of Appeals for the weeks of January 6 and January 1… Read More
February 3, 2014 Arbitration Clause in E-Mailed Terms and Conditions to Trading Account Agreement Not Sufficient to Bind Parties to Arbitration
On January 30, 2014, the First Department issued a decision in Basis Yield Alpha Fund (Master) v. Go… Read More
February 2, 2014 RMBS Planitiff Moves for Leave to Appeal to Court of Appeals
On December 23, 2013, we blogged about the First Department's decision in ACE Sec. Corp. v. DB Struc… Read More
February 1, 2014 Derivative Action Dismissed for Failure Adequately to Plead Demand Futility
On January 21, 2014, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
January 31, 2014 Justice Saliann Scarpulla Appointed to New York County Commercial Division
On January 18, 2014, we posted that Governor Cuomo had announced the appointment of Justice Barb… Read More
January 31, 2014 Appellate Divisions Announce Differing Choice-of-Law Analyses for Insurance Claims
On January 28, 2014, the First Department issued a decision in Davis & Partners, LLC v. QBE Ins.… Read More
January 30, 2014 Court Allows Filing of Complaint Under Seal Along With Public Redacted Complaint
On January 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
January 29, 2014 Board Did Not Have Fiduciary Duty to Maximize Shareholder Benefit in Merger Where There was No Change of Control or Break-up
On January 13, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
January 28, 2014 Judicial Estoppel Does Not Apply When the Argument Made Does Not Lead to a Judgment
On January 23, 2014, the First Department issued a decision in Wells Fargo Bank N.A. v. Webster Busi… Read More
January 27, 2014 Ties to New York Bank Found Insufficient to Create General Jurisdiction
On January 14, 2014, Justice Kapnick of the New York County Commercial Division issued a decision in… Read More
January 26, 2014 How Not to Get a Case Assigned to the Commercial Division
On January 23, 2014, the First Department issued a decision in BDO USA, LLP v. Phoenix Four, Inc., 2… Read More
January 25, 2014 Countersigned Letter is an Enforceable Contract Even Though Parties Contemplated Later Execution of a Formal Agreement
On January 16, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
January 24, 2014 Arbitral Award Confirmed Because it Was Not Irrational
On January 23, 2014, the First Department issued a decision in Ingham v. Thompson, 2014 NY Slip Op. … Read More
January 23, 2014 Director Breaches Fiducary Duty in Selling Corporate Shares to Himself
On December 24, 2013, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
January 22, 2014 Law of the Case Doctrine Bars Evidence on Issue Decided in Earlier Appeal
On January 21, 2014, the First Department issued a decision in Gliklad v. Cherney, 2014 NY Slip Op.… Read More
January 21, 2014 Condominium Owners not Third-Party Beneficiaries of Contract Between Sponsor and Architect
On January 6, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Bo… Read More
January 20, 2014 Plaintiff Barred from Recovering Damages Excluded by Contract
On January 15, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
January 19, 2014 Court of Appeals Agrees to Hear Certified Questions Regarding Unfinished Business Doctrine in Second Action
On December 15, 2013, we posted that on December 12, 2013, the Court of Appeals had accepted certifi… Read More
January 18, 2014 Justice Kapnick Appointed to the First Department
On January 17, 2014, Governor Andrew M. Cuomo announced the appointment of Justice Barbara R. Kapn… Read More
January 18, 2014 Second Circuit Asks Court of Appeals to Clarify Application of "Separate Entity Rule" to Post-Judgment Enforcement Proceedings
On January 14, 2014, in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., a… Read More
January 17, 2014 Lost Profits Damages Not Available on Fraudulent Inducement Claim
On January 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
January 16, 2014 Contract Claim Dismissed For Failure to Plead Non-Speculative Damages
On January 2, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 15, 2014 Schlam Stone & Dolan Partner Jeffrey Eilender to Speak at State Bar Panel on The Interplay of Delaware and New York Law in Resolving Corporate and Commercial Disputes
On January 29, 2014, Schlam Stone & Dolan partner Jeffrey M. Eilender will be a panelist in a … Read More
January 15, 2014 New York Choice of Law Provision Does Not Preclude Massachusetts Statutory Claim
On December 11, 2013, Justice Walker of the 8th Judicial District Commercial Division issued a decis… Read More
January 14, 2014 Court of Appeals Arguments of Interest for the Week of January 13, 2014
Arguments this week in the Court of Appeals that may be of interest to Commercial Division practiti… Read More
January 13, 2014 Quantum Meruit Claim Dismissed Where Defendant Benefited From, But Did Not Induce, Plaintiff's Performance
On December 19, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
January 12, 2014 Derivative Claim Dismissed for Failure to Allege Demand Futility with Particularity
On January 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
January 11, 2014 No At Issue Waiver of Privilege When Party Chooses Not to Use Privileged Documents in Litigation
On December 30, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
January 10, 2014 UCC Statute of Frauds Does Not Apply to a Contract to Create Artwork
On January 2, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 9, 2014 Court of Appeals Arguments of Interest for the Week of January 6, 2014
Arguments this week in the Court of Appeals that may be of interest to Commercial Division practitio… Read More
January 8, 2014 Claim for Misappropriation of Ideas Dismissed on Summary Judgment Because Idea Not Novel
On December 23, 2013, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
January 7, 2014 Failure To Comply With Pre-Suit Notice Requirement Nullifies Action
On January 3, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
January 6, 2014 Implied Commercial Contract Found to Exist, Preventing Termination Except by Terms of Original Contract
On December 20, 2013, Justice Walker of the 8th Judicial District Commercial Division issued a decis… Read More
January 5, 2014 Lack of Strict Compliance With Commercial Notice Provisions Can Be Excused Absent Prejudice
On December 23, 2013, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
January 4, 2014 Appropriate Vehicle to Address Grievances In Two-Shareholder Corporations is Derivative Action
On December 20, 2013, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
January 3, 2014 Employee Promissory Notes to be Repaid from Earnings Not Amenable to Summary Judgment in Lieu of Complaint
On December 24, 2013, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 2, 2014 Decision Explores the Distinction Between Transaction Causation and Loss Causation
On December 24, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
January 1, 2014 Opportunity to Comment on Proposed Changes to Commercial Division Rules
The rules of the Commercial Division change from time-to-time. Currently, there are four proposed ru… Read More
December 31, 2013 Default Judgment Against Corporation in Favor of its Sole Employee Vacated
On December 4, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
December 30, 2013 Unambiguous Commercial Contract Enforced As Written Despite Burden
On December 26, 2013, the Second Department issued a decision in Obstfeld v. Thermo Niton Analyze… Read More
December 29, 2013 Seller Cannot Unilaterally Make Time of the Essence
On December 26, 2013, the Second Department issued a decision in Revital Realty Group, LLC v. Ulano… Read More
December 28, 2013 Non-Party Subpoenas Quashed For Failure to Justify the Need for Discovery
On December 5, 2013, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
December 27, 2013 No Part Performance Exception to Statute of Frauds for Obligations that Cannot be Performed Within a Year
On December 17, 2013, the First Department issued a decision in Gural v. Drasner, 2013 NY Slip Op. … Read More
December 26, 2013 Late Motion for Summary Judgment Rejected, Even When Styled as a Cross-Motion to a Timely-Made Motion
On December 24, 2013, the First Department issued a decision in Kershaw v. Hospital for Special Surg… Read More
December 25, 2013 Attorneys' Fees Award Limited Because Plaintiff Did Not Prevail on All Arguments
On December 24, 2013, the First Department issued a decision in RSB Bedford Assoc. LLC v. Ricky's W… Read More
December 24, 2013 Auctioneer Exception to Statute of Frauds Satisfied by Multiple Writings
On December 17, 2013, the Court of Appeals issued a decision in William J. Jenack Estate Appraisers… Read More
December 23, 2013 Action Dismissed Due to Failure to Give Contractually-Required Notice and Opportunity to Cure Before Expiration of Limitations Period
On December 19, 2013, the First Department issued a decision in ACE Sec. Corp. v. DB Structured Prod… Read More
December 22, 2013 Inability to Read or Write English Does Not Excuse Failure to Answer
On November 11, 2013, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
December 21, 2013 Attempt To Certify Class Action by Tenants Injured By Hurricane Sandy Summarily Dismissed
On December 11, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 20, 2013 Legal Malpractice Claim Survives Despite No Allegation of Attorney-Client Relationship
On December 18, 2013, the Second Department issued a decision in Mr. San, LLC v. Zucker & Kweste… Read More
December 19, 2013 Post-Judgment Interest Constitutes Covered Damages Under Excess Liability Policy
On December 17, 2013, the Court of Appeals issued a decision in Herzl Ragins, et al. v. Hospitals In… Read More
December 18, 2013 Settlement by Related Party In Earlier Action Does Not Bind Plaintiffs in New Action
On December 17, 2013, the First Department issued a decision in BDCM Opportunity Fund II, LP v. Yuca… Read More
December 17, 2013 Whether Liquidated Damages Clause is Unenforceable Penalty is Fact Question
On December 6, 2013, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 16, 2013 Insurance Policy Covering Multi-State Risks Governed by Law of State Where Insured is Domiciled
On December 11, 2013, the Second Department issued a decision in QBE Ins. Corp. v. Adjo Contracting … Read More
December 15, 2013 Court of Appeals Agrees to Hear Certified Questions Regarding Unfinished Business Doctrine
On November 19, 2013, we posted that in In re: Thelen LLP, the Second Circuit had certified question… Read More
December 14, 2013 Lease Amendment Invalid Because Landlord's President Lacked Authority to Amend Lease
On December 12, 2013, the First Department issued a decision in Site Five Hous. Dev. Fund Corp. v. B… Read More
December 13, 2013 Dispute Over Authentiticy Precludes Dismissal Based on Documentary Evidence
On December 12, 2013, the First Department issued a decision in Laurel Hill Advisory Group, LLC v. A… Read More
December 12, 2013 Motion to Compel Denied Because of Delay in Bringing It
On December 10, 2013, the First Department issued a decision in GoSMILE, Inc. v. Levine, 2013 NY Sli… Read More
December 11, 2013 Court of Appeals Agrees to Hear Certified Questions Regarding "No Action" Clauses
On November 12, 2013, we posted that in Quadrant Structured Products, Ltd. v. Vertin, the Delaware S… Read More
December 10, 2013 Counsel and Client Sanctioned For Deposition Misconduct
On December 4, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 9, 2013 Failure to Give Required Notice of Termination a Failure to Perform a Condition Precedent to Entitlement to Termination Payments
On December 3, 2013, Justice Demarest of the Kings County Commercial Division issued a decision in S… Read More
December 8, 2013 Agreement to Pay Bonus Unenforcable Without Formula for Computing the Amount of the Bonus
On November 27, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
December 7, 2013 First Department Applies De Facto Merger Doctrine in Reversing Grant of Motion to Dismiss
On November 14, 2013, the First Department issued a decision in ePlus Group Inc. v. SNR Denton LLP,… Read More
December 6, 2013 No Negligent Misrepresentation Claim From Arm's Length Transaction Between Sophisticated Parties
On November 26, 2013, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Spor… Read More
December 5, 2013 First Department Affirms Strict Reading of Rule Requiring Stay and Notice to Retain New Counsel
On November 26, 2013, the First Department issued a decision in Scirica v. Colantonio, 2013 N.Y. Sl… Read More
December 4, 2013 Court of Appeals Clarifies Criteria for Giving Missing Witness Charge
On November 26, 2013, the Court of Appeals issued a decision in DeVito v. Feliciano, Docket No. 195,… Read More
December 3, 2013 Motion to Seal Sensitive Commercial Document Granted
On November 6, 2013, Justice Ramos of the New York County Commercial Division issued a decision in G… Read More
December 2, 2013 IRS Audit Put Taxpayer on Inquiry Notice of Possible Fraud Claim Against Tax Advisor
On November 19, 2013, Justice Friedman of the New York County Commercial Division issued a decision … Read More
December 1, 2013 Real Property Law § 320 Limits Structuring Real Property Transactions as Sales
On November 27, 2013, the Second Department issued a decision in Bouffard v. Befese, LLC, 2013 NY S… Read More
November 30, 2013 Judiciary Law Section 478 Applies Only to Legal Services Provided in New York
On November 27, 2013, the Second Department issued a decision in Gover v. Savyon, 2013 NY Slip Op. … Read More
November 29, 2013 Final Judgments Subject to Discretionary Review Under CPLR 5015
On October 7, 2013, we noted that on October 9, 2013, the Court of Appeals would hear argument in Na… Read More
November 28, 2013 Court of Appeals Enforces Lease as Written, Even Though it Leads to Harsh Result for Commercial Tenant
On October 7, 2013, we noted that on October 8, 2013, the Court of Appeals would hear argument in Eu… Read More
November 27, 2013 Arbitration Provisions in LLC Operating Agreements May Be Enforced by LLCs Even If LLCs Are Not Parties to the Agreements
On November 15, 2013, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
November 26, 2013 No Private Right of Action Against Banks Under the Exempt Income Protection Act
On October 26, 2013, we noted that on October 15, 2013, the Court of Appeals had heard argument in C… Read More
November 25, 2013 Default Judgment Entered Against Defendant As Discovery Sanction
On November 8, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 24, 2013 Leave to Re-Plead Already Dismissed Claims Denied
On November 12, 2013, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 23, 2013 Jurisdictional Claims Survive But Only Jurisdictional Discovery Allowed
On November 20, 2013, the Second Department issued a decision in Goel v. Ramachandran, 2013 N.Y. Sli… Read More
November 22, 2013 Defendant Sanctioned for Filing Inaccurate Note of Issue and Certificate of Readiness
On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
November 21, 2013 Laches Defense from Events of WWII Fails for Lack of Prejudice
On November 14, 2013, the Court of Appeals issued a decision in In re: Flamenbaum, Docket No. 178, h… Read More
November 20, 2013 Work Product Protection Not Waived by Referring to Work Product in Complaint
On November 14, 2013, the First Department issued a decision in Assured Guaranty Municipal Corp. v. … Read More
November 18, 2013 Gross Negligence Claim Dismissed Based on Business Judgment Rule and Lack of Damages
On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
November 18, 2013 First Department Affirms Enforcement of Contractual Obligations to Advance Litigation Expenses
On November 14, 2013, the First Department issued a decision in TMR Bayhead Securities, LLC v. Aegi… Read More
November 17, 2013 Contract-Related Claims Dismissed Despite Allegation that Provisions Were Added Surreptitiously or by Mistake
On November 14, 2013, the First Department issued a decision in VFS Fin. v. Insurance Servs. Corp.,… Read More
November 16, 2013 Claim for Breach of NDA Allowed to Proceed While All Tort Claims Relating to the Alleged Breach Are Dismissed on the Pleadings
On November 7, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 16, 2013 Decision Illustrates the Danger of Overreaching in Pleading
On November 7, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 15, 2013 Shareholder Expulsion Provision Applied
On October 29, 2013, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 15, 2013 Condition Precedent Strictly Interpreted
On November 1, 2013, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 14, 2013 Lease Clause Requiring Commercially Reasonable Efforts Strictly Construed Against Plaintiffs
On November 14, 2013, the Court of Appeals issued a decision in JFK Holding Company LLC v. City of N… Read More
November 14, 2013 First Department Addresses Scope of the Judicial Proceedings Privilege
On November 12, 2013, the First Department issued a decision in Hadar v. Pierce, 2013 NY Slip Op. 07… Read More
November 13, 2013 New York Shareholder Derivative Plaintiffs Must Plead With Particularity Why Board's Failure to Comply With Pre-Suit Demand Was Improper
On November 8, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 12, 2013 Delaware Supreme Court Certifies Questions to New York Court of Appeals on "No Action" Clauses in Trust Indentures
On November 7, 2013, the Delaware Supreme Court issued a decision in Quadrant Structured Products Co… Read More
November 12, 2013 Deponent not Required to Answer Questions About Legal Positions
Although our main focus is on Commercial Division opinions, many non-Commercial Division rulings wil… Read More
November 11, 2013 Statute of Frauds Does Not Bar Multi-Year Oral Agreement That Could Be Performed in One Year
On November 8, 2013, the Fourth Department issued a decision in DeJohn v. Speech, Language & Com… Read More
November 10, 2013 Extrinsic Evidence of Meaning of Contract Term Not Considered
On October 30, 2013, the Second Department issued a decision in Outstanding Transport, Inc. v. Inter… Read More
November 9, 2013 Foreign Derivative Claims Face Hurdles in NY Courts
On October 22, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 8, 2013 Default Judgment Should Be Entered Absent Specific Evidence of Lack of Service or Excuse for the Failure to Answer
On November 6, 2013, the Second Department issued a decision in Loaiza v. Guzman, 2013 NY Slip Op. 0… Read More
November 7, 2013 Competing Claims of Ownership Call for Appointment of a Receiver
On October 23, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
November 5, 2013 Courts Continue to Wrestle with Standard for Reasonable Reliance in Commercial Contexts
On October 31, 2013, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
November 5, 2013 Statute of Limitations Not Tolled by Equitable Estoppel
On October 28, 2013, Justice Whelan of the Suffolk County Commercial Division issued a decision in N… Read More
November 4, 2013 "Best Efforts" Clause Enforced Notwithstanding Absence of Objective Criteria in Agreement Against Which Efforts Could Be Measured
On October 24, 2013, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
November 3, 2013 Public Not Third-Party Beneficiary of Lease Between City and Museum
On October 29, 2013, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
November 2, 2013 Failure to Timely Raise Discovery Disputes with the Court Waives Them
On October 21, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
November 1, 2013 Insurance Law's Notice Requirements Strictly Construed
On October 23, 2013, Justice Ramos of the New York County Commercial Division issued a decision in S… Read More
October 31, 2013 Existence of Fiduciary Duty Depends on Role in Which Party is Acting
On October 30, 2013, the Second Department issued a decision in Varveris v. Zacharakos, 2013 N.Y. S… Read More
October 30, 2013 Res Judicata Bars Claims Arising During Prior Lawsuit
On October 29, 2013, the First Department issued a decision in Jumax Assoc. v. 350 Cabrini Owners Co… Read More
October 29, 2013 Documentary Evidence Refutes Allegation that Defendant was Party to Contract
On October 16, 2013, the Second Department issued a decision in Kalmon Dolgin Affiliates, Inc. v. To… Read More
October 26, 2013 Oral Argument Heard on Exempt Income Protection Act (EIPA)'s Procedural Requirements
On October 9, 2013, we noted that on October 15, 2013, the Court of Appeals would be hearing argumen… Read More
October 25, 2013 Divided First Department Panel Enforces Burdensome "Notwithstanding" Clause
On October 24, 2013, the First Department, in a 3-2 decision, issued a decision in BDC Finance L.L.… Read More
October 25, 2013 False Warranty in Commercial Contract Can be Basis of Fraud Claim
On October 21, 2013, Justice Ramos of the New York County Commercial Division issued a decision in W… Read More
October 24, 2013 "Notwithstanding" Clause Controls Contract Even When It Reads Other Term Out of the Contract
On October 22, 2013, the First Department issued a decision in Warburg Opportunistic Trading Fund, L… Read More
October 21, 2013 Ten Questions for Justice Warshawsky
In an effort to foster communication between the Commercial Division bench and bar, from time to tim… Read More
October 20, 2013 Equitable Claims Defeat Jury Demand
On October 17, 2013, Justice Bucaria of the Nassau County Commercial Division issued a decision in N… Read More
October 20, 2013 Assignees of Purchaser of Residential Mortgage-Backed Securities Lack Standing to Sue and Assignor Failed to Adequately Plead Fraud Damages
On October 16, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 19, 2013 Third Party Not Bound by Arbitation Agreement of Which He Was Not a Direct Beneficiary
On October 17, 2013, the Court of Appeals issued a decision in Matter of Belzberg v. Verus Invs. H… Read More
October 17, 2013 Common Interest Privilege Limited to Litigation Context
On October 16, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 16, 2013 A Formal, Written Litigation Hold Not Necessary To Trigger Requirement To Preserve Documents
On October 3, 2013, Justice Friedman of the New York County Commercial Division held in Roberts v. K… Read More
October 16, 2013 Court Orders Disclosure of Work Product When Counsel Creates the Appearance of Manipulating Witness Testimony
On October 3, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
October 15, 2013 Justice Charles E. Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division has issued supplemental part practices for … Read More
October 14, 2013 Court of Appeals Affirms The Use of Default Judgment as a Discovery Sanction
On October 7, 2013, we noted that on September 10, 2013, the Court of Appeals heard argument in Merr… Read More
October 11, 2013 Failure to Comply With Statute of Frauds Bars Any Kind of Action Based On The Alleged Promise
On October 4, 2013, Justice Emerson of the Suffolk County Commercial Division issued a decision in S… Read More
October 9, 2013 Court of Appeals Arguments of Interest for the Week of October 14, 2013
Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practition… Read More
October 8, 2013 A Borrower's Subsequent Bankruptcy Frees Lender from its Election of Remedies
On October 7, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
October 7, 2013 Court of Appeals Considers Use of Default Judgment as a Discovery Sanction
On September 10, 2013, the Court of Appeals heard argument in Merrill Lynch, Pierce, Fenner & Sm… Read More
October 7, 2013 A Cautionary Tale on Attorneys' Fees
Fee shifting provisions requiring one party to a commercial agreement to pay the other side's attorn… Read More
October 7, 2013 Court of Appeals Arguments of Interest for the Week of October 7, 2013
Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practition… Read More
October 4, 2013 Justice Melvin L. Schweitzer Updates Part Rules
Justice Schweitzer of the New York County Commercial Division recently updated his Individual Practi… Read More
October 4, 2013 CLE Program: Practicing in NYS Supreme Court
On October 30, 2013, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the… Read More

Editors

Jeffrey M. Eilender

Jeffrey M. Eilender
jeilender@schlamstone.com

Thomas A. Kissane

Thomas A. Kissane
tkissane@schlamstone.com

Samuel L. Butt

Samuel L. Butt
sbutt@schlamstone.com

Joshua Wurtzel

Joshua Wurtzel
jwurtzel@schlamstone.com

Channing J. Turner

Channing J. Turner
cturner@schlamstone.com