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
On March 25, 2022, Justice Masley of the New York County Commercial Division issued a decision in Pala Assets Holdings Ltd v. Rolta, LLC, 2022 NY Slip Op. 30996(U), holding that a client waived the attorney-client privilege by testifying that it acted on the advice of its counsel . . . Continue reading Client Waived Attorney-Client Privilege by Testifying that it Acted on Advice of Counsel
igroup, Credit Suisse, Goldman Sachs, Morgan Stanley, RBS, and UBS, and three platform companies were accused of conspiracy to manipulate the primary and secondary markets for U.S. Treasury Securities. Today we will cover the second order dismissing Plaintiff’s claims, this one issued a year to the date from the first. Continue reading Treasury Market Manipulation Action Dismissed Again
On April 26, 2022, the First Department issued a decision in Bradbury v. Israel, 2022 NY Slip Op. 02754, holding that only a stranger to a contract can be liable for tortious interference with that contract . . . Continue reading Only Stranger to a Contract Can be Liable for Tortious Interference
On April 26, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in New York State Thruway Auth. v. CHA Consulting, Inc., 2022 NY Slip Op. 50330(U), holding that a claim for professional malpractice against an engineer accrues when the client receives the engineer’s work product . . . Continue reading Claim for Professional Negligence Against Engineer Accrues When Client Receives Work Product
On March 20, 2022, Justice Masley of the New York County Commercial Division issued a decision in RCSUS Inc. v. SGM Socher, Inc., 2022 NY Slip Op. 30926(U), holding that unintentional, but grossly negligent, deletion of e-mails was a sufficient basis for spoliation sanctions . . . Continue reading Unintentional, But Grossly Negligent, Deletion of E-Mails Sufficient Basis for Spoliation Sanctions
On March 21, 2022, Justice Masley of the New York County Commercial Division issued a decision in Highcap Group LLC v. Jam Equities, LLC, 2022 NY Slip Op. 30933(U), holding that the absence of an affidavit of merit was not fatal to a motion to amend . . . Continue reading Absence of Affidavit of Merit Not Fatal to Motion to Amend
On April 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Freedom Trust 2011-2 v. HSBC, addressing the question of how long a tolling agreement can extend the time to bring a lawsuit . . . Continue reading GOL 17-103 Limits the Duration of Each Tolling Agreement, Not the Aggregate Amount of Tolling to Which Parties Can Agree
On April 21, 2022, Justice Reed of the New York County Commercial Division issued a decision in Chen Dongwu v. New York City Regional Ctr. LLC, 2022 NY Slip Op. 50322(U), holding that requests to admit directed to controverted facts are improper . . . Continue reading Request for Admission Cannot be Used to Determine Controverted Facts
