Client’s Claim Against its Lawyers for Failing Timely to File a Patent Application Accrues When the Client’s Application Becomes Untimely
Commercial Case Notes / Statute of Limitation/Laches

Client’s Claim Against its Lawyers for Failing Timely to File a Patent Application Accrues When the Client’s Application Becomes Untimely

On January 6, 2022, the First Department issued a decision in Morgan & Mendel Genomics, Inc. v. Amster Rothstein & Ebenstein, LLP, 2022 NY Slip Op. 00048, holding that a client’s claim against its lawyers for failing timely to file a patent application accrues when the client’s application becomes untimely . . . Continue reading Client’s Claim Against its Lawyers for Failing Timely to File a Patent Application Accrues When the Client’s Application Becomes Untimely

Parent not Liable for Tortious Interference When It Causes Subsidiary to Breach to Protect its Interest in its Subsidiary
Commercial Case Notes / Tortious Interference

Parent not Liable for Tortious Interference When It Causes Subsidiary to Breach to Protect its Interest in its Subsidiary

On December 27, 2021, Justice Schecter of the New York County Commercial Division issued a decision in Resorts Group, Inc. v. Cerberus Capital Mgt., L.P., 2021 NY Slip Op. 32797(U), holding that a parent entity cannot be liable for tortious interference when the parent, motivated by economic incentives to protect its interest in its subsidiary, causes its subsidiary to breach a contract . . . Continue reading Parent not Liable for Tortious Interference When It Causes Subsidiary to Breach to Protect its Interest in its Subsidiary

Fraudulent Inducement Claim Based on Predictions, Expectations, and Future Performance Dismissed
Commercial Case Notes / Fraud/Misrepresentation

Fraudulent Inducement Claim Based on Predictions, Expectations, and Future Performance Dismissed

On December 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in 100 & 130 Biscayne LLC v. EE NWT OM, LLC, 2021 NY Slip Op. 32775(U), dismissing a fraudulent inducement claim based on predictions, expectations and future performance . . . Continue reading Fraudulent Inducement Claim Based on Predictions, Expectations, and Future Performance Dismissed

Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement
Commercial Case Notes / Service of Process

Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement

On December 14, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. RIY Realty LLC, 2021 NY Slip Op. 32711(U), dismissing the claims against a defendant for failure to serve the complaint as required by the parties’ agreement . . . Continue reading Action Dismissed Against Defendant for Failure to Serve the Complaint as Required by the Parties’ Agreement