In a January 14, 2015, Commercial Division decision by Justice Friedman, the court granted defendant-lender’s motion to dismiss, at the pre-answer stage, plaintiff-borrower’s claim for consequential damages. Continue Reading
This Week's Featured Decision
Other Decisions of Interest
In a decision dated November 5, 2014, the Appellate Division, Second Department reversed an order from the Nassau County Commercial Division, which granted the defendants’ motion to dismiss pursuant to CPLR 3211 (a) (1). Continue Reading
In an April 29, 2015, Commercial Division decision by Justice Demarest, the court denied the plaintiff’s motion for a restraining order and preliminary injunction, vacated the previously ordered temporary restraining order, and granted the defendant’s motion to dismiss. Continue Reading
In a March 24, 2015, Commercial Division decision by Justice Ritholtz, the court denied the plaintiff-tenant’s application for a Yellowstone injunction for the purpose of enjoining the defendant-landlord from terminating the commercial lease and commencing summary proceedings. Continue Reading
In a March 3, 2015, Commercial Division decision by Justice Ramos, the court granted in part and denied in part defendants’ motion for summary judgment dismissing plaintiffs’ claim for breach of contract. Continue Reading
In a March 16, 2015, Commercial Division decision by Justice Bransten, the court denied defendants’ motion to dismiss the complaint in its entirety. This action was brought by Shareholder Representative Services, Inc. (“SRS”) on its own behalf, and on behalf of the former shareholders of Oriel Therapeutics, Inc. (“Oriel”), against Sandoz Inc., its affiliates and CEOs (collectively, “Defendants”). The action arose from the sale of Oriel to Sandoz Inc.
Prior to the instant action, SRS filed suit in the Southern District of New York on behalf of the former shareholders of Oriel against the same defendants in this action, and asserting the same claims. Continue Reading
In a March 27, 2015, Suffolk County Commercial Division decision by Justice Pines, the court granted defendant non-domiciliary’s motion to dismiss plaintiff’s complaint for lack of personal jurisdiction. Plaintiff brought fraud and negligent misrepresentation claims against a Florida professional association in connection with the sale of real estate in New York. Defendant moved to dismiss under CPLR 3211 (a) (8), contending that the New York court did not have jurisdiction over it. Continue Reading
In a February 23 2015, Commercial Division decision by Justice Pines, the court denied the two separate motions of the various defendants, which each sought to disqualify the attorneys appearing in a corporate dissolution action based on their representation of the same parties in a separate action involving the same parties in the Suffolk County Civil Division. The individual defendants Florence and Jon Baer sought to disqualify the plaintiff’s attorney (“Mulvehill”), while Jon’s corporate entity, the co-defendant, JDFB, sought to disqualify Florence’s attorney (“Dreisman”). In deciding both motions, the court applied the three-pronged test for attorney disqualification wherein the party seeking disqualification must prove: (1) the existence of a prior attorney-client relationship between the moving party and opposing counsel; (2) that the matters involved in both representations are substantially related; and (3) that the interests of the present client and former client are materially adverse. Continue Reading
In a decision dated July 23, 2014, the Appellate Division, Second Department affirmed an order from the Westchester County Commercial Division in this declaratory judgment action related to the legality and validity of a promissory note and related documents, granting the plaintiff-borrower’s motion for summary judgment dismissing the defendants-lenders’ counterclaim based on unjust enrichment. Continue Reading
In a March 27, 2015, Commercial Division decision by Justice Ramos, the court denied a motion by plaintiff NYC Dept. of Social Services to reargue defendant-trustee’s motion to dismiss for res judicata purposes.
The case arose out of an underlying medical malpractice action involving the treatment of defendant’s son at New York Presbyterian Hospital. The parties settled the malpractice action, under which NYPH agreed to indemnify defendant for any Medicaid payments sought by plaintiff in connection with his son’s treatment. Continue Reading