Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski, 2021 NY Slip Op. 05165, holding that a guarantor is bound by a decision in an action in which the borrower, not the guarantor, was a party . . . . Continue reading Loan Guarantor Bound by Decision in Separate Action in Which Only the Borrower was a Party
The Office of Court Administration is seeking public comment on a proposal to amend Commercial Division Rules 11-c, 8, 1(b), 9(d), 11-e(f), 11-g, and Appendices A, B, E, and F to provide additional guidelines related to the discovery of electronically stored information. Continue reading Opportunity to Comment on Proposed Changes to Commercial Division Rules
On September 1, 2021, the Second Department issued a decision in 298 Humboldt, LLC v. Torres, 2021 NY Slip Op. 04899, holding that a plaintiff could not assert a negligence claim based on a contract . . . Continue reading Negligence Claim Cannot be Based on a Contract
On June 17, 2021, Justice Colaiacovo of the Erie County Commercial Division issued a decision in Thrill 13014, LLC v. Finger Lakes Fire & Cas. Co., 2021 NY Slip Op. 32020(U), holding that a complaint alleging fraud in the issuance of insurance policies alleged to have been made with many members of the public failed to state a claim under GBL 349 because the claims still were a private dispute . . . Continue reading GBL 349 Claim Dismissed as a Private Dispute Even Though it Related to Insurance Policies Alleged to Have Been Made With Many Members of the Public
On August 24, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in Bromberg & Liebowitz v. O’Brien, 2021 NY Slip Op. 50813(U), holding that when an arbitration is governed by the AAA rules, questions of arbitrability are for the arbitrator to decide . . . Continue reading When Arbitration is Under AAA Rules, Questions of Arbitrability are for the Arbitrator to Decide
