Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 18, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jack G. Ct. St. LLC v 16 Ct. St. Brooklyn Owner LLC, 2022 NY Slip Op 31269(U), granting a Yellowstone injunction based on a dispute over the amount of rent a tenant owed . . . Continue reading Court Grants Yellowstone Injunction Based on Dispute Over Amount of Rent Owed
On April 20, 2022, Justice Cohen of the New York County Commercial Division issued a decision in L & M Fabrication & Mach., Inc. v. Lane Constr. Corp., 2022 NY Slip Op 31305(U), allowing a party to add a quantum meruit claim based on changes to a construction contract being so fundamental that they constituted an intentional abandonment of the original contract . . . Continue reading Court Upholds Quantum Meruit Claim Based on Changes to Construction Contract so Fundamental That the Original Contract Was Abandoned
On May 16, 2022, Justice Emerson of Suffolk County Commercial Division issued a decision in West Rac Contr. Corp. v. Huntington Vil. Hotel Partners, LLC, 2022 NY Slip Op. 22154, holding that enforcing a mechanic’s lien does not waive the right to arbitrate . . . Continue reading Enforcing Mechanic’s Lien Does Not Waive Right to Arbitrate
On April 21, 2022, Justice Masley of the New York County Commercial Division issued a decision in DT Net Lease I REIT v. Coughlan, 2022 NY Slip Op. 31326(U), refusing to seal a settlement agreement . . . Continue reading Court Refuses to Seal Settlement Agreement
On April 25, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Haaris v. Hameedi, 2022 NY Slip Op. 31339(U), denying a request to dissolve an LLOC because the LLC remained able to conduct the business for which it was formed . . . Continue reading Court Denies Request to Dissolve LLC Because It Remained Able to Conduct the Business for Which it was Formed
On April 22, 2022, Justice Masley of the New York County Commercial Division issued a decision in Crestview SPV, LLC v. Crestview Fin., LLC., 2022 NY Slip Op. 31354(U), holding that a conversion claim cannot be based on a breach of contract . . . Continue reading Conversion Claim Cannot be Based on a Breach of Contract
On May 19, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Hipple v. Oatly Group AB, 2022 NY Slip Op. 50411(U), dismissing an action in favor of a first-filed federal action even though there was not a complete duplication of parties in both actions . . . Continue reading Action Dismissed in Favor of First-Filed Federal Action Even Though There Was Not a Complete Duplication of Parties
On May 11, 2022, the Second Department issued a decision in Rubinstein v. C & A Mktg., Inc., 2022 NY Slip Op. 03136, holding that parties are not required to arbitrate a dispute unless they unequivocally have agreed to do so . . . Continue reading Parties Not Required to Arbitrate if Agreement to Arbitrate Does Not Unequivocally Establish An Agreement to Do So
On May 19, 2022, the First Department issued a decision in Pope Invs. II LLC v. Belmont Partners, LLC, 2022 NY Slip Op. 03334, holding that investment bankers could be liable for professional malpractice . . . Continue reading Investment Bankers Can by Liable for Professional Malpractice
On May 10, 2022, the First Department issued a decision in Wormser Corp. v. L’Oréal USA, Inc., 2022 NY Slip Op. 03093, holding that a party to an agreement may be held liable for filing an action in a forum other that the one mandated by a forum selection clause . . . Continue reading Party to Agreement May Be Held Liable for Filing in Forum Other Than One Mandated by Forum Selection Clause
