Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On December 20, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Ametek, Inc. v. Goldfarb, 2022 NY Slip Op. 51290(U), holding that questions of fact precluded dismissal of a claim for reformation . . . Continue reading Court Refuses to Dismiss Reformation Claim
On December 23, 2022, the Fourth Department issued a decision in On the Water Prods., LLC v. Glynos, 2022 NY Slip Op. 07320, excusing the failure to submit a statement of undisputed facts . . . Continue reading Court Excuses Failure to Submit Statement of Undisputed Facts
On December 21, 2022, the Second Department issued a decision in CRC Ins. Servs., Inc. v. Kullman, 2022 NY Slip Op. 07216, holding that a plaintiff waived the right to demand arbitration by bringing a lawsuit . . . Continue reading Plaintiff Waived Right to Demand Arbitration by Bringing Lawsuit
On December 22, 2022, the First Department issued a decision in Continental Indus. Group, Inc. v. Ustuntas, 2022 NY Slip Op. 07294, holding that a theft of trade secrets claim accrues when a plaintiff is damaged, not when the theft occurs . . . Continue reading Statute of Limitations for Theft of Trade Secrets Accrues When Plaintiff is Damaged, Not When Theft Occurs
On December 7, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2022 NY Slip Op. 34129(U), refusing to prevent former counsel from cooperating with former clients . . . Continue reading Former Counsel Cooperating with Former Clients Does Not Constitute Disqualifying Conflict
On December 14, 2022, the Second Department issued a decision in Carl Daily Leasing Corp. v. Larochelle, 2022 NY Slip Op. 07048, affirming the dismissal of an appeal for failure to include all relevant documents in the record . . . Continue reading Appeal Dismissed for Failure to Include All Relevant Documents in Record
On December 13, 2022, the First Department issued a decision in Homapour v. Harounian, 2022 NY Slip Op. 07030, holding that communications were protected by the attorney-client privilege despite the presence of a third party . . . Continue reading Presence of Third Party Did Not Break Privilege
On December 15, 2022, the First Department issued a decision in 122 E. 42nd St., LLC v. Scharf, 2022 NY Slip Op. 07141, holding that a whereas clause did not create new contractual rights . . . Continue reading Whereas Clause Did Not Create New Contractual Rights
On December 15, 2022, the First Department issued a decision in Seymour v. Hovnanian, 2022 NY Slip Op. 07172, holding that a liquidated damages provision was not an unenforceable penalty . . . Continue reading Liquidated Damages Provision Not Unenforceable Penalty
On December 15, 2022, the First Department issued a decision in FPG Maiden Lane, LLC v. Bank Leumi USA, 2022 NY Slip Op. 07150, holding that a party may not rely on the failure of a condition precedent to occur when it was responsible for that failure . . . Continue reading Party Cannot Rely on the Failure of a Condition Precedent When the Party Caused That Failure
