Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 6, 2021, the Second Department issued a decision in Matter of Coven v. Neptune Equities, Inc., 2021 NY Slip Op. 05334, holding that tax estoppel barred allegations regarding a company’s ownership . . . Continue reading Tax Estoppel Barred Allegations Regarding Company’s Ownership
On September 22, 2021, the Second Department issued a decision in Woodmere Rehabilitation v. Zafrin, 2021 NY Slip Op. 05039, holding that a conversion claim cannot be based on a breach of contract . . . Continue reading Conversion Claim Cannot be Based on a Breach of Contract
On October 5, 2021, the First Department issued a decision in Silver Point Capital Fund, L.P. v. Riviera Resources, Inc., 2021 NY Slip Op. 05312, holding that a fraudulent inducement claim fails when the agreement on which it is based makes no misrepresentations and makes clear that not all material information is being disclosed . . . Continue reading Fraudulent Inducement Claim Fails When Agreement Makes No False Representations and Makes Clear That Not All Material Information is Being Disclosed
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 defendant did not waive a collateral estoppel defense when it showed during the litigation that it intended to assert it . . . Continue reading Defendant Did Not Waive Defense When It Showed During Litigation That it Intended to Assert it
On September 30, 2021, the First Department issued a decision in Empery Asset Master, Ltd. v. AIT Therapeutics, Inc., 2021 NY Slip Op. 05163, holding that questions of fact regarding an alleged mutual mistake precluded summary judgment . . . Continue reading Questions of Fact Regarding an Alleged Mutual Mistake Preclude Summary Judgment
On October 6, 2021, the Second Department issued a decision in Glaubach v. Slifkin, 2021 NY Slip Op. 05323, holding that a plaintiff should be sanctioned for sending harassing letters to defendants and others . . . Continue reading Plaintiff Sanctioned For Sending Harassing Letters to Defendants and Others
On September 28, 2021, the First Department issued a decision in Slabakis v. Poyiadjis, 2021 NY Slip Op. 05110, holding that the scope of a boilerplate general release raised issues of fact precluding dismissal based on the release . . . Continue reading Scope of Boilerplate General Release Fact Question Precluding Dismissal
On September 28, 2021, the First Department issued a decision in ALQ, LLC v. Kane, 2021 NY Slip Op. 05071, holding that questions of fact regarding whether the liquidated damages clause was grossly disproportionate to the plaintiff’s actual damages precluded an award of summary judgment enforcing the clause . . . Continue reading Question of Fact Preclude Award of Summary Judgment Enforcing Liquidated Damages Clause
On October 7, 2021, the First Department issued a decision in Vendome v. Oldenburg, 2021 NY Slip Op. 05409, holding that the statute of frauds barred a contract claim relating to the sale of real property . . . Continue reading Statute of Frauds Bars Contract Claim Relating to Real Property Sale
