All Lundin PLLC Blogs

Appellate Division First Department Courthouse

Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claim Based on Fraud

On February 1, 2024, the First Department issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2024 NY Slip Op. 00450, holding that the six-year statute of limitations applies to a breach of fiduciary claim based on fraud . . . Continue reading Six-Year Statute of Limitations Applies to Breach of Fiduciary Duty Claim Based on Fraud

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Court Rejects Claims Based on Corporate Parent Liability for Subsidiary’s Contractual Obligations

On January 24, 2024, Justice Reed of the New York County Commercial Division issued a decision in Memorial Sloan Kettering Cancer Ctr. v. Bristol Myers Squibb Co., 2024 NY Slip Op. 50074(U), dismissing a claim based on a corporate parent’s liability for a subsidiary’s contractual allegations . . . Continue reading Court Rejects Claims Based on Corporate Parent Liability for Subsidiary’s Contractual Obligations

Appellate Division, Second Department Courthouse

Motion to Dismiss Declaratory Judgment Claim Considered Motion for Judgment on That Claim in Defendant’s Favor

On January 24, 2024, the Second Department issued a decision in 88-18 Tropical Restaurante Corp. v. Utica First Ins. Co., 2024 NY Slip Op. 00289, holding that a motion to dismiss a claim for a declaratory judgment can be considered to be a motion for judgment on that claim in the defendant’s favor . . . Continue reading Motion to Dismiss Declaratory Judgment Claim Considered Motion for Judgment on That Claim in Defendant’s Favor

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Fraud Claim Duplicative of Contract Claim When it is Based on Alleged Misrepresentation of Intention to Perform Terms of Contract

On January 23, 2024, the First Department issued a decision in Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc., LLC, 2024 NY Slip Op. 00268, holding that a fraud claim was duplicative of a contract claim when it was based on an alleged misrepresentation of the intention to perform the terms of the contract . . . Continue reading Fraud Claim Duplicative of Contract Claim When it is Based on Alleged Misrepresentation of Intention to Perform Terms of Contract

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

New Claims Relate Back Because Original Complaint Described Transactions and Occurrences Upon Which New Causes of Action Were Based

On January 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Lazar v. Mor, 2024 NY Slip Op. 30128(U), holding that claims in an amended complaint related back to the original complaint because the original complaint described the transactions and occurrences upon which the new causes of action were based . . . Continue reading New Claims Relate Back Because Original Complaint Described Transactions and Occurrences Upon Which New Causes of Action Were Based

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Negligent Misrepresentation Claim Adequately Alleged Against Investment Manager Despite Lack of Fiduciary Duty

On January 10, 2024, Justice Crane of the New York County Commercial Division issued a decision in YS GM Marfin II LLC v. Four Wood Capital Advisors, LLC, 2024 NY Slip Op. 30166(U), holding that a negligent misrepresentation claim was adequately alleged against an investment manager even though the manager was not a fiduciary . . . Continue reading Negligent Misrepresentation Claim Adequately Alleged Against Investment Manager Despite Lack of Fiduciary Duty