Conclusory Assertion That Signature on Contract was Forged Insufficient to Raise Question of Fact Regarding Signature’s Authenticity
Commercial Case Notes / Contracts

Conclusory Assertion That Signature on Contract was Forged Insufficient to Raise Question of Fact Regarding Signature’s Authenticity

On February 24, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jesan Constr. Group LLC v. Medford Ber LLC, 2022 NY Slip Op. 30807(U), holding that the conclusory assertion that the signature on a contract was forges was insufficient to raise a question of fact regarding the signature’s authenticity . . . Continue reading Conclusory Assertion That Signature on Contract was Forged Insufficient to Raise Question of Fact Regarding Signature’s Authenticity

Questions of Fact Preclude Dismissal of Unconscionability Defense to Contract Claim
Commercial Case Notes / Contracts

Questions of Fact Preclude Dismissal of Unconscionability Defense to Contract Claim

On March 10, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joglo Realties, Inc. v. Tortorella, 2022 NY Slip Op. 30823(U), holding that questions of fact precluded dismissal of an unconscionability defense to a breach of contract claim . . . Continue reading Questions of Fact Preclude Dismissal of Unconscionability Defense to Contract Claim

Court Disallows Amendment to Add Third-Party Claims Because They Were Not Based on Contribution, Indemnity or Subrogation
Commercial Case Notes

Court Disallows Amendment to Add Third-Party Claims Because They Were Not Based on Contribution, Indemnity or Subrogation

On March 10, 2022, Justice Masley of the New York County Commercial Division issued a decision in Phillips Auctioneers LLC v. Grosso, 2022 NY Slip Op. 30838(U), disallowing an amendment to add third-party claims that were not based on contribution, indemnity or subrogation . . . Continue reading Court Disallows Amendment to Add Third-Party Claims Because They Were Not Based on Contribution, Indemnity or Subrogation

Allegations That Counsel Made False Representations to Disrupt Settlement Sufficient to State Judiciary Law 487 Claim
Commercial Case Notes / Law Firms and Professional Ethics

Allegations That Counsel Made False Representations to Disrupt Settlement Sufficient to State Judiciary Law 487 Claim

On April 13, 2022, the Second Department issued a decision in Joseph v. Fensterman, 2022 NY Slip Op. 02398, holding that allegations that counsel made false representations to disrupt settlement discussions was sufficient to state a Judiciary Law 487 claim . . . Continue reading Allegations That Counsel Made False Representations to Disrupt Settlement Sufficient to State Judiciary Law 487 Claim

Allegations That Auction House Knew That Some Employees Were Helping Buyers Submit False Tax Filings States False Claims Act Claim
Commercial Case Notes / False Claims Act

Allegations That Auction House Knew That Some Employees Were Helping Buyers Submit False Tax Filings States False Claims Act Claim

On April 14, 2022, the First Department issued a decision in People v. Sotheby’s, Inc., 2022 NY Slip Op. 02501, holding that allegations that an auction house knew that employees were helping buyers submit false tax filings were sufficient to state a claim for violation of the false claims act . . . Continue reading Allegations That Auction House Knew That Some Employees Were Helping Buyers Submit False Tax Filings States False Claims Act Claim

Faithless Servant Doctrine Does Not Apply to Actions That Did Not Use Plaintiff’s Time or Resources
Commercial Case Notes / Fiduciaries

Faithless Servant Doctrine Does Not Apply to Actions That Did Not Use Plaintiff’s Time or Resources

On April 14, 2022, the First Department issued a decision in Jeremias v. Toms Capital LLC, 2022 NY Slip Op. 02495, holding that a faithless servant claim could not be based on actions taken to start a new business that did not use the plaintiff’s time or resources . . . Continue reading Faithless Servant Doctrine Does Not Apply to Actions That Did Not Use Plaintiff’s Time or Resources