Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 7, 2022, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2022 NY Slip Op. 31169(U), holding that domination, without more, was insufficient to support a veil piercing claim . . . Continue reading Domination, Without More, Insufficient to Support Veil Piercing Claim
On May 4, 2022, Justice Reed of the New York County Commercial Division issued a decision in Maple Drake Austell Owner, LLC v. D.F. Pray, Inc., 2022 NY Slip Op. 50346(U), denying a discovery motion for failure to follow the Commercial Division Rules’ discovery dispute procedures . . . Continue reading Discovery Motion Denied for Failure to Follow Discovery Dispute Rules
On May 5, 2022, the First Department issued a decision in Nurlybayev v. SmileDirectClub, Inc., 2022 NY Slip Op. 03053, affirming the dismissal of a securities class action in favor of a prior pending class action in another state . . . Continue reading Securities Class Action Dismissed in Favor of Prior Pending Action
On May 3, 2022, the First Department issued a decision in 644 E. 14th Realty LLC v. Mount Sinai Health Sys., Inc., 2022 NY Slip Op. 02938, holding that a fraud claim cannot be based on a misrepresentation of an intention to enter into or perform an agreement . . . Continue reading Fraud Claim Cannot Be Based on Misrepresentation of Intention to Enter Into or Perform an Agreement
On May 3, 2022, the First Department issued a decision in 2138747 Ontario Inc. v. Lehman Bros. Holdings, Inc., 2022 NY Slip Op. 02936, holding that a plaintiff waived the attorney-client privilege by putting its counsel’s advice at issue and selectively disclosing it . . . Continue reading Plaintiff Waived Privilege By Putting Advice of Counsel At Issue
On May 2, 2022, Justice Borrok of the New York County Commercial Division issued a decision in City of Warwick Mun. Empls. Pension Fund v. Restaurant Brands Intl. Inc., 2022 NY Slip Op. 50337(U), holding that purchasers in secondary public offerings had standing to assert Securities Act claims . . . Continue reading Purchasers in Secondary Public Offerings Had Standing to Assert Securities Act Claims
On April 1, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Network-1 Tech., Inc. v. Netgear, Inc., 2022 NY Slip Op. 31081(U), holding that an agreement that gave the parties the option of arbitrating their dispute did not require the parties to arbitrate . . . Continue reading Agreement Granting Option to Arbitrate Does Not Require Parties to Arbitrate
On April 29, 2022, the Fourth Department issued a decision in Davis v. Evangelical Lutheran Church In Am., 2022 NY Slip Op. 02914, exploring the limits to documentary evidence under CPLR 3211(a)(1) . . . Continue reading Court Explores Limits of 3211(a)(1) Documentary Evidence
On March 29, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., 2022 NY Slip Op. 31045(U), upholding a third-party beneficiary contract claim . . . Continue reading Third-Party Beneficiary Claims Upheld
On March 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Hi Bar Capital LLC v. Parkway Dental Servs., LLC, 2022 NY Slip Op. 30989(U), holding that a cash advance agreement was not a usurious loan . . . Continue reading Cash Advance Agreement Not Usurious Loan
