Tortious Interference With Business Relations Claim Fails for Lack of Evidence of the Defendant’s Use of Wrongful Means
Commercial Case Notes / Tortious Interference

Tortious Interference With Business Relations Claim Fails for Lack of Evidence of the Defendant’s Use of Wrongful Means

On July 28, 2021, the Second Department issued a decision in  Stuart’s, LLC v. Edelman, 2021 NY Slip Op. 04569, holding that a claim for tortious interference with business relations failed for lack of evidence of the defendant’s use of wrongful means . . . Continue reading Tortious Interference With Business Relations Claim Fails for Lack of Evidence of the Defendant’s Use of Wrongful Means

Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause
Commercial Case Notes / Personal Jurisdiction / Venue

Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause

On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meritage Hospitality Group, Inc. v. North Am. Elite Ins. Co., 2021 NY Slip Op. 50700(U), holding that a contract clause submitting to the jurisdiction of the New York courts was not an agreement to venue in any of those courts . . . Continue reading Contract Clause Submitting to a Court’s Jurisdiction is not a Forum Selection Clause

Defendants’ Use of Testimony of Other Defendants’ Attorney Did Not Waive Privilege
Commercial Case Notes / Privilege/Work Product

Defendants’ Use of Testimony of Other Defendants’ Attorney Did Not Waive Privilege

On July 22, 2021, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone Holdings LLC, 2021 NY Slip Op. 04537, holding that when defendants that had not been represented by an attorney used that attorney’s testimony, it did not waive the privilege for other defendants, who had been clients . . . Continue reading Defendants’ Use of Testimony of Other Defendants’ Attorney Did Not Waive Privilege