On January 17, 2022, Justice Masley of the New York County Commercial Division issued a decision in Eccles v. Shamrock Capital Advisors, LLC, 2022 NY Slip Op. 30187(U), holding that holders of less than a majority of a company’s shares did not have a fiduciary duty to the company . . . Continue reading Holders of Less than a Majority of Company’s Shares Did Not Have a Fiduciary Duty to Company
On January 20, 2022, Justice Masley of the New York County Commercial Division issued a decision in 220 E. 26th St. LLC v. Kaled Mgt. Corp., 2022 NY Slip Op. 30195(U), refusing to dismiss claims that a property manager had a fiduciary duty to the property owner . . . Continue reading Property Manager Has Fiduciary Duty
On January 14, 2022, Justice Borrok of the New York County Commercial Division issued a decision in BSDT 2012 LLC v. H F Z Capital Group LLC, 2022 NY Slip Op. 30151(U), holding that a guarantor was bound by a guaranty that was signed by his agent without his permission . . . Continue reading Guarantor Bound by Guaranty Signed by His Agent Without Permission
When we last posted about the litigation challenging alleged manipulation of SIBOR – the Singapore Interbank Offered Rate – the district court had just dismissed plaintiffs’ claims for lack of standing. But that wasn’t the end of the line for Fund Litigation, et al: Plaintiffs’ appeal of the standing decision was successful, and a fourth amended complaint has been filed—and, of course, a new motion to dismiss. This post will cover the Second Circuit’s decision and the latest complaint; next week, we’ll provide a full review of the motion to dismiss briefing. Continue reading Benchmark Manipulation: SIBOR Update, Part I
On January 25, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Matter of New York State Dept. of Health (Rusi Tech. Co., Ltd.), 2022 NY Slip Op. 50041(U), holding that when the dispute resolution provisions of the English and foreign language versions of an agreement conflict, there is no agreement to arbitrate . . . Continue reading When Dispute Resolution Provisions of English and Foreign Language Versions of Agreement Conflict, There is No Agreement to Arbitrate
On January 24, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Real Estate Webmasters Inc. v. Rodeo Realty, Inc., 2022 NY Slip Op. 50037(U), holding that a defendant waived the right to a jury trial by pleading equitable defenses . . . Continue reading Defendant Waives Right to a Jury Trial by Asserting Equitable Defenses
On January 3, 2022, Justice Walker of the Eighth Judicial District Commercial Division issued a decision in Niagara BYG Capital, LLC v. Leatherstocking Coop. Ins. Co., 2022 NY Slip Op. 22015, an insurance policy provision that did not comply with Insurance Law § 3404 was unenforceable . . . Continue reading Insurance Policy Provision That did not Comply with Insurance Law § 3404 is Unenforceable
On January 26, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in Tsunis Gasparis LLP v. Ring, 2022 NY Slip Op. 50070(U), holding that an account holder had standing to challenge subpoenas for its financial records . . . Continue reading Account Holder Has Standing to Challenge Subpoenas for its Financial Records
On January 13, 2022, Justice Boddie of the Kings County Commercial Division issued a decision in Attentive Home Care Agency, Inc. v. Galinkin, 2022 NY Slip Op. 30110(U), holding that a noncompete provision was enforceable . . . Continue reading Court Finds Noncompete Provision Enforceable
On January 11, 2022, Justice Masley of the New York County Commercial Division issued a decision in Chao Jiang v. Ping An Ins., 2022 NY Slip Op. 30072(U), holding that filing an answer does not moot a pending motion to dismiss . . . Continue reading Filing an Answer does not Moot a Pending Motion to Dismiss
