On March 6, 2024, the Second Department issued a decision in Paraco Gas Corp. v. Jay Z. Gerlitz & Assoc., Inc., 2024 NY Slip Op. 01192, holding that an agreement to manage a company’s healthcare matters created a fiduciary duty . . . Continue reading Agreement to Manage a Company’s Healthcare Matters Created a Fiduciary Duty
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
On January 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2024 NY Slip Op. 30050(U), dismissing a claim based on an alleged joint venture for lack of allegations regarding sharing profits and losses . . . Continue reading Claim Based on Alleged Joint Venture Fails for Lack of Allegations Regarding Sharing Profits and Losses
On January 1, 2024, Justice Masley of the New York County Commercial Division issued a decision in Mule v. Sillerman, 2024 NY Slip Op. 30002(U), analyzing an entrenchment claim under Delaware law . . . Continue reading Court Analyzes Entrenchment Claim
On January 4, 2024, the First Department issued a decision in Chan v. Havemeyer Holdings LLC, 2024 NY Slip Op. 00020, illustrating the implications of fiduciary obligations on a fraud claim . . . Continue reading Decision Illustrates Implications of Fiduciary Obligations on Fraud Claim
On May 30, 2023, the First Department issued a decision in ERA Capital L.P. v. Soleil Chartered Bank, 2023 NY Slip Op. 02845, holding that even though the defendant did not have a fiduciary duty to the plaintiff, it had a sufficiently close relationship that it could be held liable for negligence . . . Continue reading Even Though Defendant Did Not Have a Fiduciary Duty to the Plaintiff, it Had a Sufficiently Close Relationship That it Could be Liable for Negligence
On February 15, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Sharp v. Duff & Phelps, LLC, 2023 NY Slip Op. 30481(U). dismissing claims based on the in pari delicto defense . . . Continue reading Claims Barred by In Pari Delicto Defense
On January 10, 2023, Justice Masley of the New York County Commercial Division issued a decision in Q3 Inv. Recovery Veh., LLC v. McEvoy, 2023 NY Slip Op. 30184(U), holding that a bank did not have a duty to protect non-customers from the bank’s customer . . . Continue reading Bank Does Not Have Duty to Protect Non-Customers from the Bank’s Customers
On January 10, 2023, Justice Crane of the New York County Commercial Division issued a decision in ERA Capital L.P. v. Soleil Chartered Bank, 2023 NY Slip Op. 30121(U), holding that a bank did not have a fiduciary duty to its customer . . . Continue reading Bank Did Not Have Fiduciary Duty to Customer
On November 9, 2022, the Second Department issued a decision in Zi Kuo Zhang v. Lau, 2022 NY Slip Op. 06287, holding that a breach of fiduciary duty claim relating to an escrow account was not duplicative of a legal malpractice claim . . . Continue reading Breach of Fiduciary Duty Claim Relating to Escrow Account not Duplicative of Legal Malpractice Claim
