On November 18, 2021, the First Department issued a decision in Domp‚ Farmaceutici S.P.A. v. Lubris, LLC, 2021 NY Slip Op. 06440, holding that a lawsuit should have been stayed in favor of the determination of one claim by an expert . . . Continue reading Action Stayed So Claim Governed by Narrow Arbitration Agreement Can be Determined
On November 9, 2021, the First Department issued a decision in Lam Platt St. Hotel LLC v. Golden Pearl Constr. LLC, 2021 NY Slip Op. 06086, enforcing a contract provision barring the award of consequential damages . . . Continue reading Court Enforces Contract Provision Barring Consequential Damages
On November 18, 2021, the First Department issued a decision in Miami Firefighters’ Relief & Pension Fund v. Icahn, 2021 NY Slip Op. 06446, holding that damages was not an element of a claim for breach of fiduciary duty . . . Continue reading Damages Not an Element of Claim for Breach of Fiduciary Duty
On November 17, 2021, the Second Department issued a decision in East Ramapo Cent. Sch. Dist. v. New York Schs. Ins. Reciprocal, 2021 NY Slip Op. 06341, holding that an insurer’s alleged bad faith claim denial was a question of fact that could not be resolved on a motion to dismiss . . . Continue reading Insurer’s Alleged Bad Faith Claim Denial Cannot be Resolved on a Motion to Dismiss
On November 4, 2021, the First Department issued a decision in Comptroller of the City of N.Y. v. Bank of N.Y. Mellon Corp., 2021 NY Slip Op. 06033, holding that a qui tam relator who failed to state a claim is not entitled to a share of the government’s recovery in a related action . . . Continue reading Qui Tam Relator Who Has Failed to State A Claim Not Entitled to Payment Even if Government Recovers on Related Claims
Maclean Amlalo of the Oakleaf Group recently published an analysis of trust termination underpayments.
On November 3, 2021, the Second Department issued a decision in Goodman v. Weiss, Zarett, Brofman, Sonnenklar & Levy, P.C., 2021 NY Slip Op. 05957, holding that the continuous representation doctrine did not toll a legal malpractice claim when the continued representation was unrelated to the alleged malpractice . . . Continue reading Continuous Representation Doctrine Does Not Toll Malpractice Claim When Continued Representation Unrelated to Alleged Malpractice
On November 4, 2021, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 2021 NY Slip Op. 06051, upholding a $500,000-per-day fine . . . Continue reading First Department Upholds $500,000-per-day Contempt Fine
On October 21, 2021, the First Department issued a decision in Express Trade Capital, Inc. v. Horowitz, 2021 NY Slip Op. 05773, holding that a forum selection clause barred a forum non conveniens motion . . . Continue reading Forum Selection Clause Barred Forum Non Conveniens Motion
On October 21, 2021, the First Department issued a decision in Starr Indem. & Liab. Co. v, U.S. Adjustment Corp., 2021 NY Slip Op. 05799, holding the summary judgment cannot be based on evidence submitted for the first time on reply . . . Continue reading Summary Judgment Cannot Be Based on Evidence Submitted for the First Time on Reply
