Engaging New York Counsel and Using New York Investment Banks Insufficient Basis for Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Engaging New York Counsel and Using New York Investment Banks Insufficient Basis for Personal Jurisdiction

On December 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Haussmann v. Baumann, 2021 NY Slip Op. 51232(U), holding that engaging New York counsel and investment banks in a deal was an insufficient basis for asserting personal jurisdiction for a claim relating to the deal . . . Continue reading Engaging New York Counsel and Using New York Investment Banks Insufficient Basis for Personal Jurisdiction

Court Need Not Address Personal Jurisdiction Before Deciding Forum Non Conveniens Motion
Choice of Forum/Forum Non Conveniens / Commercial Case Notes / Personal Jurisdiction

Court Need Not Address Personal Jurisdiction Before Deciding Forum Non Conveniens Motion

On December 16, 2021, the Court of Appeals issued a decision in Estate of Kainer v. UBS AG, 2021 NY Slip Op. 07056, holding that a court need not consider whether it has personal jurisdiction over a defendant before deciding a forum non conveniens motion . . . Continue reading Court Need Not Address Personal Jurisdiction Before Deciding Forum Non Conveniens Motion

Tort Claim Cannot be Based on Failure to Follow Article 52 Judgment Collection Procedures
Commercial Case Notes / Judgment and Collections

Tort Claim Cannot be Based on Failure to Follow Article 52 Judgment Collection Procedures

On December 16, 2021, the Court of Appeals issued a decision in Plymouth Venture Partners, II, L.P. v. GTR Source, LLC, 2021 NY Slip Op. 07055, holding that a failure to follow the judgment collection procedures in CPLR Article 52 does not give rise to a claim in tort . . . Continue reading Tort Claim Cannot be Based on Failure to Follow Article 52 Judgment Collection Procedures

Court Refuses to Vacate Award Based on Arbitrators’ Choice of Procedure During Pandemic
Arbitration, Mediation and Other ADR / Commercial Case Notes

Court Refuses to Vacate Award Based on Arbitrators’ Choice of Procedure During Pandemic

On December 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Tender Touch Health Care Servs. Inc. v. Tnuzeg LLC, 2021 NY Slip Op. 32555(U), holding that the arbitrators’ choice of procedure during the pandemic did not justify vacating an arbitral award . . . Continue reading Court Refuses to Vacate Award Based on Arbitrators’ Choice of Procedure During Pandemic

Release of Claims Against a Party’s Counsel did not Release Claims Against that Counsel Relating to its Representation of Others
Commercial Case Notes / Contracts

Release of Claims Against a Party’s Counsel did not Release Claims Against that Counsel Relating to its Representation of Others

On December 7, 2021, the First Department issued a decision in Stolper v. Burbacki, 2021 NY Slip Op. 06822, holding that a release that released claims against a party’s counsel did not release claims against that counsel relating to its representation of others . . . Continue reading Release of Claims Against a Party’s Counsel did not Release Claims Against that Counsel Relating to its Representation of Others

Legal Malpractice Claim Dismissed for Failure to Show That Counsel’s Negligence Caused the Client’s Loss
Commercial Case Notes / Professional Malpractice

Legal Malpractice Claim Dismissed for Failure to Show That Counsel’s Negligence Caused the Client’s Loss

On December 8, 2021, the Second Department issued a decision in Rudovic v. Law Off. of Timothy A. Green, 2021 NY Slip Op. 06873, affirming the dismissal of a legal malpractice claim for failing to show how counsel’s negligence caused the client’s losses . . . Continue reading Legal Malpractice Claim Dismissed for Failure to Show That Counsel’s Negligence Caused the Client’s Loss