Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 7, 2022, the First Department issued a decision in International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2022 NY Slip Op. 02341, holding that fraudulent inducement and breach of contract claims were not duplicative . . . Continue reading Fraudulent Inducement and Breach of Contract Claims Not Duplicative
On April 7, 2022, the First Department issued a decision in Consolidated Rest. Operations, Inc. v. Westport Ins. Corp., 2022 NY Slip Op. 02336, rejecting a pandemic property damage coverage claim . . . Continue reading First Department Rejects Pandemic Property Damage Coverage Claim
On April 6, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in 125 Tuckahoe Lane Corp. v Exit Hospitality Group LLC, 2022 NY Slip Op. 50246(U), holding that an employer was not liable for a defamatory statement made by its employee when the statement was unrelated to the employer-employee relationship . . . Continue reading Employer Not Liable for Defamation Based on Statements by an Employee Unrelated to the Employer-Employee Relationship
On March 2, 2022, Justice Masley of the New York County Commercial Division issued a decision in BNP Paribas, Singapore Branch v. Natixis, N.Y. Branch, 2022 NY Slip Op 30679(U), awarding pre-judgment interest at the contract rate, not the statutory rate . . . Continue reading Court Awards Pre-Judgment Interest at Contract Rate, not Statutory Rate
On March 30, 2022, the Second Department issued a decision in City of New York v. Prudenti’s Rest. on the Riv., Inc., 2022 NY Slip Op. 02110, holding that questions of fact precluded summary judgment on a claim by the City for ejectment . . . Continue reading Questions of Fact Preclude Summary Judgment on City’s Ejectment Claim
On March 22, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in JP Pizza Eastport LLC v Luigi’s Main St. Pizza Inc., 2022 NY Slip Op. 22088, holding that a party making a best knowledge warranty was not required to investigate the facts relating to the warranty . . . Continue reading Party Making Best Knowledge Warranty Not Required to Conduct Due Diligence
On March 21, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Norman Realty & Constr. Corp. v. 151 E. 170th Lender LLC, 2022 NY Slip Op, 50212(U), holding that there can be no affirmative claim for unconscionabilty . . . Continue reading No Affirmative Claim for Unconscionabilty
On March 16, 2022, the Second Department issued a decision in Matter of Northeast & Cent. Contrs., Inc. v. Quanto Capital, LLC, 2022 NY Slip Op. 01791, staying an arbitration because there was no agreement to arbitrate . . . Continue reading Arbitration Stayed Because of Absence of a Vaild Agreement to Arbitrate
On March 29, 2022, the First Department issued a decision in Matter of Grgurev v. Licul, 2022 NY Slip Op. 02088, holding that a plaintiff had an absolute right to an accounting notwithstanding the existence of an adequate remedy at law . . . Continue reading Fiduciary Must Give Accounting Notwithstanding the Existence of an Adequate Remedy at Law
