On March 29, 2022, the First Department issued a decision in Fritschler v. Draper Mgt., LLC, 2022 NY Slip Op. 02087, holding that in an arbitration under the AAA rules, it is for the arbitrator, not the court, to decide whether a claim is covered by the agreement to arbitrate . . . Continue reading In Arbitration Under AAA Rules, Arbitrator Decides Whether a Claim is Arbitrable
This post examines the Aluminum Warehousing defendants’ motionfor summary judgment against the remaining plaintiffs. Continue reading The Defendants Move for Summary Judgment in the In re Aluminum Warehousing Antitrust Litigation
On March 24, 2022, the First Department issued a decision in Bank of Am., N.A. v. Filho, 2022 NY Slip Op. 02055, holding that a guaranty that guaranteed both payment and performance is not an instrument for the payment of money only for CPLR 3213 purposes . . . . Continue reading Guaranty That Guaranties Both Payment and Performance is not an Instrument for the Payment of Money Only for CPLR 3213 Purposes
On March 22, 2022, the First Department issued a decision in 514 W. 44th St., Inc. v. Whalen, 2022 NY Slip Op. 01958, holding that a trial court was justified in striking a deposition transcript errata sheet because the changes were insufficiently justified . . . Continue reading Deposition Transcript Errata Sheet Stricken Because Changes Insufficiently Justified
On March 17, 2022, the Court of Appeals issued a decision in Revis v. Schwartz, 2022 NY Slip Op. 01867, holding that in an arbitration under the AAA rules, it is for the arbitrator, not the court, to determine whether a claim is subject to the agreement to arbitrate . . . Continue reading In Arbitration Under AAA Rules, Arbitrator Determines Whether a Claim is Arbitrable
On March 15, 2022, the First Department issued a decision in Picken v. RN Realty LLC, 2022 NY Slip Op. 01749, holding that a seller may owe a commission to a broker if seller interfered with transaction when it was plainly and evidently approaching success . . . Continue reading Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission
A few weeks ago, we published an overview of the third consolidated amended class action complaint and the subsequent motion for summary judgment filed by Credit Suisse, the sole remaining Continue reading In re Foreign Exchange Benchmark Rates Antitrust Litigation – Court denies Summary Judgement to Remaining Defendant
On March 15, 2022, the First Department issued a decision in Future Star Hospitality Advisors, LLC v. LaFrieda Veal & Lamb Co., Inc., 2022 NY Slip Op. 01735, holding that a plaintiff cannot use quasi-contract claims to avoid the effect of the statute of frauds . . . Continue reading Plaintiff Cannot Use Quasi Contract Claims to Avoid Effect of Statute of Frauds
On March 9, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Matter of Renren, Inc. Derivative Litig. v. XXX, 2022 NY Slip Op. 22069, holding that to have standing to bring a derivative action, plaintiff must be a shareholder when the company was injured . . . Continue reading To Have Standing to Bring Derivative Action, Plaintiff Must be Shareholder When Company was Injured
On February 9, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in PS Funding, Inc. v. 863 E. 12th Holdings LLC, 2022 NY Slip Op. 30559(U), holding that an early motion for summary judgment cannot be defeated as being premature unless the non-movant can point to relevant evidence further discovery might reveal . . . Continue reading Early Motion for Summary Judgment Cannot be Defeated as Premature if Non-Movant Cannot Point to Relevant Evidence Discovery May Uncover
