Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 27, 2022, the First Department issued a decision in GLCA Sec., LLC v. Gardes Holdings, Inc., 2022 NY Slip Op. 06064, holding that a declaratory judgment claim was viable even though it contemplated future events beyond the parties’ control . . . Continue reading Declaratory Judgment Claim Viable Even Though it Contemplated Future Events Beyond the Parties’ Control
On October 19, 2022, Justice Cohen of the New York County Commercial Division issued a decision in First Equity Realty v. Harmony Group, II, 2022 NY Slip Op. 33601(U), awarding the defendant its fees related to the proof of damages that that did not exceed the amount of a CPLR 3220 offer, but only for the claim that was resolved at trial . . . Continue reading Defendant Entitled to Fees Related to Proof of Damages Under CPLR 3220, But Only on Claim Resolved at Trial
On October 7, 2022, Justice Borrok of the New York County Commercial Division issued a decision in CBH Med., PC v. Merit Sys., LLC, 2022 NY Slip Op. 22325, holding that project managers are not subject to malpractice claims . . . Continue reading Project Managers Not Subject to Professional Malpractice Claims
On October 26, 2022, the Second Department issued a decision in CitiMortgage, Inc. v. Clement, 2022 NY Slip Op. 05987, holding that a trial court erred in dismissing an action after the defendant’s death and before a representative of the estate appeared . . . Continue reading Court Erred in Dismissing Action After Defendant’s Death and Before a Representative of the Estate Appeared
On October 25, 2022, the First Department issued a decision in Arena Invs., L.P. v. D’Angelo, 2022 NY Slip Op. 05945, holding that a guaranty made to two lenders was ambiguous regarding whether it could be enforced by only one of the lenders . . . Continue reading Guaranty Made to Two Lenders Ambiguous Regarding Whether it Could be Enforced by Only One Lender
On October 27, 2022, the Court of Appeals issued a decision in 34-06 73, LLC v. Seneca Ins. Co., 2022 NY Slip Op. 06029, holding that plaintiff’s attempted amendment to add a reformation claim did not relate back to the original complaint because the original complaint failed to put the defendant on notice of the relevant facts . . . Continue reading Reformation Claim Did Not Relate Back to Breach of Contract Claim Because Original Complaint Failed to Put Defendant on Notice of Relevant Facts
On October 17, 2022, Justice Crane of the New York County Commercial Division issued a decision in 214 Knickerbocker LLC v. Shou Pan, 2022 NY Slip Op. 33579(U), granting summary judgment on a DCL 273 claim based on the lack of fair consideration for a transfer . . . Continue reading Plaintiff Granted Summary Judgment on DCL 273 Claim Based on Lack of Fair Consideration for Transfer
On October 17, 2022, Justice Cohen of the New York County Commercial Division issued a decision in G-Z/10 UNP Realty, LLC v. SLCE Architects, LLP, 2022 NY Slip Op. 33538(U), dismissing a negligent misrepresentation claim for failure to allege a special relationship between the parties . . . Continue reading Negligent Misrepresentation Claim Fails for Lack of Special Relationship
