On February 9, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in Castle Restoration, LLC v. Castle Restoration & Constr., Inc., 2022 NY Slip Op. 50082(U), refusing to enforce an alleged oral modification to a written contract . . . Continue reading Court Refuses to Enforce Alleged Oral Modification to a Written Contract
On February 3, 2022, the First Department issued a decision in State of N.Y. ex rel. Solomon v. Siemens Elec., LLC, 2022 NY Slip Op. 00746, affirming the dismissal of a False Claims Act suit because the plaintiff was not the original source of the information alleged in the complaint . . . Continue reading False Claims Act Suit Fails for Lack of Non-Public Source
On February 3, 2022, the First Department issued a decision in Sky Coverage Inc. v. Alwex Inc., 2022 NY Slip Op. 00745, upholding the vacating of a Note of Issue because of an inaccurate Certificate of Readiness . . . Continue reading Note of Issue Vacated Because of Inaccurate Certificate of Readiness
On February 3, 2022, the First Department issued a decision in Newman v. Newman, 2022 NY Slip Op. 00731, upholding both direct and derivative claims by a plaintiff where the claims sought relief for different injuries . . . Continue reading Court Upholds Both and Direct and Derivative Claims by a Plaintiff Because Claims Sought Relief for Different Injuries
briefing in Iowa Public Employees’ Retirement System et al. v. Bank of America et al., 17-cv-6221 (KPF) (SDNY). (And if you weren’t around, click this link for a catch-up!) Between ongoing discovery and sealed briefing, we haven’t had much to update recently. That changed last week with the filing of a motion to preliminarily approve a settlement agreement with the Credit Suisse Defendants. Continue reading Stock Loan Lowdown: Credit Suisse Settlement Update
On January 27, 2022, Justice Borrok of the New York County Commercial Division issued a decision in HOV Servs., Inc. v. ASG Tech. Group, Inc., 2022 NY Slip Op. 30299(U), dismissing a fraudulent inducement claim based upon an omission for failure to allege a fiduciary relationship . . . Continue reading Claim for Fraudulent Inducement Based Upon an Omission Dismissed for Failure to Allege a Fiduciary Relationship
On January 27, 2022, the First Department issued a decision in SHG Resources, LLC v. SYTR Real Estate Holdings LLC, 2022 NY Slip Op. 00525, holding that a motion for summary judgment may not be brought before issue is joined . . . Continue reading Motion for Summary Judgment Not Allowed Before Joinder of Issue
On February 2, 2022, the Second Department issued a decision in National Refund & Util. Servs., Inc. v. West 34th Apts. Corp., 2022 NY Slip Op. 00676, holding that a corporation providing tax auditing services is not engaged in the unauthorized practice of law if it is owned by attorneys . . . Continue reading Attorney-Owned Corporation Providing Tax Auditing Services Did Not Engage in Unauthorized Practice of Law
On January 12, 2022, Justice Masley of the New York County Commercial Division issued a decision in Frosch Intl. Travel, Inc. v. Botbol, 2022 NY Slip Op. 30216(U), holding that an employee’s pre-hiring claims of business skills could not serve as the basis for a frau claim . . . Continue reading Fraud Claim Cannot be Based on an Employee’s Pre-Hiring Claims of Business Abilities
This has been a busy week in ABS news. The Court of Appeals heard oral argument in U.S. Bank v. DLJ on Tuesday. I will post links to the video Continue reading A Busy Week in the ABS World
