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December 27, 2024
Court Finds Fraudulent Inducement Claim Insufficient To Avoid Compliance With Arbitration Clause
On December 4, 2024, Justice Joel M. Cohen granted a motion to compel arbitration against a plaintiff despite the plaintiff’s claim that it had been fraudulently induced to enter into the contract containing the arbitration clause. In Selim 730 LLC v. SHVO 730 LLC, et al., Index No. 653193/2024, the plaintiff asserted that the defendants induced it to enter into a 2021 settlement agreement by deliberately misstating the amount of certain ownership interests of a joint investment vehicle that was the subject of a dispute between them. After the plaintiff sued, the defendants submitted to the Court an agreement in which the plaintiff released all its claims concerning the settlement agreement and agreed to arbitrate any claims arising out of it. Although the plaintiff contended that it was fraudulently induced to enter the agreement, the Court granted the defendants’ motion to compel arbitration. It explained: 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
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
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
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 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
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
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
April 17, 2015
Settlement Signed By Counsel Binding On Client
In Gordon v. The City of New York, 09 CV 04577 (E.D.N.Y. Mar. 31, 2015), Judge Edward R. Korman gran… Read More
