Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On November 18, 2021, the First Department issued a decision in Domp‚ Farmaceutici S.P.A. v. Lubris, LLC, 2021 NY Slip Op. 06440, holding that a lawsuit should have been stayed in favor of the determination of one claim by an expert . . . Continue reading Action Stayed So Claim Governed by Narrow Arbitration Agreement Can be Determined
On November 9, 2021, the First Department issued a decision in Lam Platt St. Hotel LLC v. Golden Pearl Constr. LLC, 2021 NY Slip Op. 06086, enforcing a contract provision barring the award of consequential damages . . . Continue reading Court Enforces Contract Provision Barring Consequential Damages
On November 18, 2021, the First Department issued a decision in Miami Firefighters’ Relief & Pension Fund v. Icahn, 2021 NY Slip Op. 06446, holding that damages was not an element of a claim for breach of fiduciary duty . . . Continue reading Damages Not an Element of Claim for Breach of Fiduciary Duty
On November 17, 2021, the Second Department issued a decision in East Ramapo Cent. Sch. Dist. v. New York Schs. Ins. Reciprocal, 2021 NY Slip Op. 06341, holding that an insurer’s alleged bad faith claim denial was a question of fact that could not be resolved on a motion to dismiss . . . Continue reading Insurer’s Alleged Bad Faith Claim Denial Cannot be Resolved on a Motion to Dismiss
On November 4, 2021, the First Department issued a decision in Comptroller of the City of N.Y. v. Bank of N.Y. Mellon Corp., 2021 NY Slip Op. 06033, holding that a qui tam relator who failed to state a claim is not entitled to a share of the government’s recovery in a related action . . . Continue reading Qui Tam Relator Who Has Failed to State A Claim Not Entitled to Payment Even if Government Recovers on Related Claims
On November 3, 2021, the Second Department issued a decision in Goodman v. Weiss, Zarett, Brofman, Sonnenklar & Levy, P.C., 2021 NY Slip Op. 05957, holding that the continuous representation doctrine did not toll a legal malpractice claim when the continued representation was unrelated to the alleged malpractice . . . Continue reading Continuous Representation Doctrine Does Not Toll Malpractice Claim When Continued Representation Unrelated to Alleged Malpractice
On November 4, 2021, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 2021 NY Slip Op. 06051, upholding a $500,000-per-day fine . . . Continue reading First Department Upholds $500,000-per-day Contempt Fine
On October 21, 2021, the First Department issued a decision in Express Trade Capital, Inc. v. Horowitz, 2021 NY Slip Op. 05773, holding that a forum selection clause barred a forum non conveniens motion . . . Continue reading Forum Selection Clause Barred Forum Non Conveniens Motion
On October 21, 2021, the First Department issued a decision in Starr Indem. & Liab. Co. v, U.S. Adjustment Corp., 2021 NY Slip Op. 05799, holding the summary judgment cannot be based on evidence submitted for the first time on reply . . . Continue reading Summary Judgment Cannot Be Based on Evidence Submitted for the First Time on Reply
On October 26, 2021, the First Department issued a decision in Sajust, LLC v Mendelow, 2021 NY Slip Op. 05835, holding that an LLC member’s claim based on the decrease in the value of its capital account was derivative, not direct . . . Continue reading LLC Member’s Claim Based on Decrease in Value of its Capital Account is Derivative, Not Direct
