In Arbitration Under AAA Rules, Arbitrator Decides Whether a Claim is Arbitrable

In Arbitration Under AAA Rules, Arbitrator Decides Whether a Claim is Arbitrable

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

Guaranty That Guaranties Both Payment and Performance is not an Instrument for the Payment of Money Only for CPLR 3213 Purposes

Guaranty That Guaranties Both Payment and Performance is not an Instrument for the Payment of Money Only for CPLR 3213 Purposes

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

In Arbitration Under AAA Rules, Arbitrator Determines Whether a Claim is Arbitrable

In Arbitration Under AAA Rules, Arbitrator Determines Whether a Claim is Arbitrable

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

Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission

Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission

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

To Have Standing to Bring Derivative Action, Plaintiff Must be Shareholder When Company was Injured

To Have Standing to Bring Derivative Action, Plaintiff Must be Shareholder When Company was Injured

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

Early Motion for Summary Judgment Cannot be Defeated as Premature if Non-Movant Cannot Point to Relevant Evidence Discovery May Uncover

Early Motion for Summary Judgment Cannot be Defeated as Premature if Non-Movant Cannot Point to Relevant Evidence Discovery May Uncover

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

Revolving Credit Agreement Not Instrument for the Payment of Money Only for CPLR 3213 Purposes

Revolving Credit Agreement Not Instrument for the Payment of Money Only for CPLR 3213 Purposes

On February 18, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in Fisher v. Lovaro LLC, 2022 NY Slip Op. 30565(U), holding that a revolving credit agreement was not an instrument for the payment of money only for CPLR 3213 purposes . . . Continue reading Revolving Credit Agreement Not Instrument for the Payment of Money Only for CPLR 3213 Purposes