Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
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 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
On April 13, 2022, Justice Crane of the New York County Commercial Division issued a decision in State of Qatar v. First Abu Dhabi Bank PJSC, 2022 NY Slip Op. 22113, holding that submitting FOREX trading quotes to New York-based services was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Submitting FOREX Trading Quotes to New York-Based Services Insufficient Basis for Personal Jurisdiction
On April 20, 2022, the Second Department issued a decision in Klein v. Signature Bank, Inc., 2022 NY Slip Op. 02536, holding that a merger clause defeated an argument based on the parties’ course of conduct . . . Continue reading Merger Clause Defeats Argument Based on Parties’ Course of Dealing
On April 19, 2022, the First Department issued a decision in Gardner v. Virtuoso Ltd, 2022 NY Slip Op. 02508, dismissing a defamation claim . . . Continue reading Defamation Claim Dismissed for Failure to Allege Exact Words Used
On March 10, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lengyel- Fushimi v Bellis, 2022 NY Slip Op 30809(U), dismissing a breach of fiduciary duty claim as duplicative of a breach of contract claim . . . Continue reading Breach of Fiduciary Duty Claim Dismissed as Duplicative of Breach of Contract Claim
