On June 14, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Apotex Corp. v. Hospira Healthcare India Private Ltd., 2022 NY Slip Op. 31873(U), holding that equitable tolling can be based on fraud, misrepresentations, or deception . . . Continue reading Scheme to Hide Can Serve as Basis for Equitable Tolling
On June 10, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Golden Resources, LLC v. Seddio, 2022 NY Slip Op. 31846(U), holding that a plaintiff that elected to bring an action at law to collect on a note could not later bring an equitable action to foreclose on a mortgage . . . Continue reading Plaintiff Must Choose Between an Action at Law on the Note or an Equitable Action to Foreclose on the Mortgage
On June 10, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Noor Staffing Group, LLC v. Christoforou-Gioules, 2022 NY Slip Op. 31853(U), holding that a contractual duty to negotiate is not breached by a failure to agree after good faith negotiations . . . Continue reading Contractual Duty to Negotiate an Agreement is not Breached by the Mere Failure to Agree
On June 21, 2022, the First Department issued a decision in Scopia Windmill LP v Olshan Frome Wolosky LLP, 2022 NY Slip Op. 03996, allowing a legal malpractice claim to go to trial based on an expert’s opinion on the hypothetical result of counsel’s inaction . . . Continue reading Malpractice Claim Allowed to Go to Trial Based on Expert Opinion of Hypothetical Result of Attorney Inaction
The district court action is over, pending the outcome of a Second Circuit appeal. Continue reading Remaining Plaintiffs Settle in the In re Aluminum Warehousing Antitrust Litigation
On June 22, 2022, the Second Department issued a decision in Atalaya Asset Income Fund II, L.P. v. 219 Sagg Main, LLC, 2022 NY Slip Op. 04000, holding that an award of interest in an equitable action is at the court’s discretion . . . Continue reading Award of Interest on Equitable Claim is in the Court’s Discretion
