December 2021 – Page 2

Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant

On December 2, 2021, Justice Reed of the New York County Commercial Division issued a decision in Lanaras v. Premium Ocean, LLC, 2021 NY Slip Op. 51128(U), holding that an unjust enrichment claim failed for lack of a sufficiently close relationship between the plaintiff and the defendant . . . Continue reading Unjust Enrichment Claim Fails for Lack of Sufficiently Close Relationship Between Plaintiff and Defendant

Commercial Case Notes / Derivative Actions

Director Lacks Standing to Assert Malpractice Claim on Behalf of Corporation

On December 2, 2021, the First Department issued a decision in Glaubach v. Miller, 2021 NY Slip Op. 06758, holding that a board member lacked standing to assert a malpractice claim on behalf of the corporation even though he paid the corporation’s legal fees . . . Continue reading Director Lacks Standing to Assert Malpractice Claim on Behalf of Corporation

Arbitration, Mediation and Other ADR / Commercial Case Notes

In Arbitration Under AAA Rules, Decision on Arbitrability is for the Arbitrator, not the Court

On December 2, 2021, the First Department issued a decision in Flowcon, Inc. v. Andiva LLC, 2021 NY Slip Op. 06756, holding that in arbitration under the AAA rules, the decision on whether a claim is arbitrable is for the arbitrator, not the courts . . . Continue reading In Arbitration Under AAA Rules, Decision on Arbitrability is for the Arbitrator, not the Court

Commercial Case Notes / Contracts / Real Property

Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues

On November 29, 2021, Justice Cohen of the New York County Commercial Division issued a decision in 1855 Broadway LLC v. New York Inst. of Tech., 2021 NY Slip Op. 32501(U), refusing to dismiss a claim for anticipatory repudiation of a real estate sales contract based on factual questions . . . Continue reading Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues

Commercial Case Notes / Damages

Judgment on Claim for Replevin Can Include Pre-Judgment Interest

On November 30, 2021, the First Department issued a decision in Reif v. Nagy, 2021 NY Slip Op. 06659, holding that a judgment on a claim for replevin can include pre-judgment interest . . . Continue reading Judgment on Claim for Replevin Can Include Pre-Judgment Interest

Commercial Case Notes / Quantum Meruit/Unjust Enrichment

Unjust Enrichment Claim Fails for Lack of Connection Between Defendants and Plaintiff

On November 23, 2021, the First Department issued a decision in Gans v. Wilbee Corp., 2021 NY Slip Op. 06541, affirming the dismissal of an unjust enrichment claim for lack of a connection between the defendants and the plaintiff . . . Continue reading Unjust Enrichment Claim Fails for Lack of Connection Between Defendants and Plaintiff

Commercial Case Notes / Fraud/Misrepresentation

A Misleading Partial Disclosure can be Actionable as Fraud

On November 23, 2021, the First Department issued a decision in DirectTV, LLC v. Nexstar Broadcasting, Inc., 2021 NY Slip Op. 06539, holding that a fraud claim can be based on a misleading partial disclosure . . . Continue reading A Misleading Partial Disclosure can be Actionable as Fraud

Commercial Case Notes / Real Property

Plaintiff Adequately Pleads Entitlement to Commission on Property Sale

On November 26, 2021, Justice Masley of the New York County Commercial Division issued a decision in LHWS LLC v. S.L. Green Realty Corp., 2021 NY Slip Op. 32459(U), holding that a plaintiff adequately had alleged an entitlement to a commission on a property sale . . . Continue reading Plaintiff Adequately Pleads Entitlement to Commission on Property Sale

Commercial Case Notes / Real Property

Lease Provision Requiring Tenant to Reimburse Landlord for Legal Fees in Suit Relating to Tenant’s Default Enforceable

On November 22, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Glaze Teriyaki, LLC v. MacArthur Props. I, LLC, 2021 NY Slip Op. 32421(U), holding that a lease provision requiring a tenant to reimburse the landlord for its legal fees in a suit relating to the tenant’s default was enforceable . . . Continue reading Lease Provision Requiring Tenant to Reimburse Landlord for Legal Fees in Suit Relating to Tenant’s Default Enforceable

Commercial Case Notes / Law Firms and Professional Ethics

Counsel for Unsuccessful Litigant Not Liable for Advancing a Losing Legal Argument

On November 17, 2021, Justice Schecter of the New York County Commercial Division issued a decision in Chef Chloe LLC v. Pryor Cashman LLP, 2021 NY Slip Op. 32353(U), rejecting a claim that counsel for an unsuccessful litigant should be held liable for advancing a losing legal argument . . . Continue reading Counsel for Unsuccessful Litigant Not Liable for Advancing a Losing Legal Argument

Month: December 2021