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October 23, 2024
Bench Trial Results In Award To Building Developer Against General Contractor, And Larger Award On General Contactor’s Counterclaim
On August 23, 2024, Justice Andrea Masley awarded both plaintiff and defendant partial recovery following a bench trial arising from a construction dispute, and dismissed defendant’s claim against a third party defendant/contractor. The case is KTG Hospitality, LLC v World Class Constr. Inc., Index No. 650482/2017. Read More
September 27, 2024
Motion To Preclude Reports And Testimony of Experts Denied; Limitations On Trial Testimony Recognized
On August 21, 2024, Justice Nancy M. Bannon denied defendants’ motion to preclude the reports and trial testimony of plaintiff’s experts, while imposing certain limitations on the expert’s trial testimony, in a contractual dispute concerning environmental remediation. The case is 2497 Realty Corp. v. Fuertes, Index No. 151947/2014. 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
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
August 24, 2022
Arbitration Permanently Stayed Given Dispute Over Authenticity of Agreement Containing Arbitration Clause
On August 18, 2022, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision in SMI Central Park Tower LLC v. Genesis Central Park Tower, LLC, Index No. 655036/2021, granting an Article 75 petition to permanently stay arbitration when there was a genuine dispute concerning whether the alleged agreement including the arbitration clause was authentic, explaining: Read More
February 7, 2022
Expert May Not Opine on Party's Intent
On January 20, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Line Design LLC v. Pro Design, Inc., 2022 N.Y. Slip Op. 30214(U), striking portions of an expert's report that purported to opine on a party's intent but refusing to strike other portions that were challenged on the ground that the expert conducted an inadequate investigation, explaining: 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 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
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
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
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
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 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
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
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 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 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
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
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
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
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
