Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On May 6, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Han v. Chen, 2022 NY Slip Op. 31501(U), dismissing on summary judgment a claim for breach of a contract for the sale of cemetery plots under the Statute of Frauds . . . Continue reading Breach of Contract Claim Relating to the Sale of Cemetery Plots Fails Under Statute of Frauds
On May 25, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Escabi v. Twins Contr., LLC, 2022 NY Slip Op. 50423(U), granting summary judgment dismissing a claim for architectural malpractice for failure to present expert evidence establishing malpractice . . . Continue reading Architectural Malpractice Claim Dismissed for Lack of Expert Opinion
On May 26, 2022, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price & Hecht LLP, 2022 NY Slip Op. 03448, denying a motion to amend because the proposed amendment did not present new or different facts . . . Continue reading Motion to Amend Denied Because Proposed New Amendment Did Not Present New or Different Facts
On April 30, 2022, Justice Masley of the New York County Commercial Division issued a decision in Satterfield v. VStock Transfer, LLC, 2022 NY Slip Op. 31446(U), holding that an e-mail regarding an issue that was not in dispute was not protected by the CPLR 4547 settlement communication privilege . . . Continue reading Communication Regarding Issue That is Not in Dispute is Not Protected by the Settlement Communication Privilege
On May 26, 2022, the First Department issued a decision in Capstone Business Funding, LLC v. Shames Constr. Co., Ltd., 2022 NY Slip Op. 03439, holding that estoppel letters were unenforceable because of a lack of consideration . . . Continue reading Estoppel Letters Unenforceable Due to Lack of Consideration
On May 24, 2022, the Court of Appeals issued a decision in Batavia Townhouses, Ltd. v. Council of Churches Hous. Dev. Fund Co., Inc., 2022 NY Slip Op 03361, holding that GOL 17-105, not GOL 17-101, governs whether the statute of limitations has been tolled or revived in an action to foreclose a mortgage . . . Continue reading GOL 17-105, Not GOL 17-101, Applies to the Question of When an Obligation Under a Mortgage is Revived
On May 24, 2022, the First Department issued a decision in Americon Constr., Inc. v. Cirocco & Ozzimo, Inc., 2022 NY Slip Op 03342, dismissing indemnification and contribution claims as premature . . . Continue reading Indemnification and Contribution Claims Dismissed as Premature
On May 19, 2022, the First Department issued a decision in Matter of GTV Media Group, Inc. v. Confidential Global Investigations, 2022 NY Slip Op. 03318, holding that pre-action discovery may not be used to determine whether a cause of action exists . . . Continue reading Pre-Action Discovery May Not Be Used to Determine Whether a Cause of Action Exists
On April 28, 2022, Justice Livote of the Queens County Commercial Division issued a decision in Matter of Mattone v. Mattone, 2022 NY Slip Op. 31253(U), refusing to dissolve an LLC when the basis for the petition was the manner in which the LLC was operated, not its viability . . . Continue reading Court Refuses to Dissolve LLC When Basis for Petition is the Manner in Which the LLC is Operated, not its Viability
