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NY Commercial Case Compendium

A Searchable Database of Court Decisions Issued by New York’s Commercial Division

East End Real Estate Agent’s Defamation, Breach of Contract Claims Against Former Brokerage Survive Summary Judgment

Posted in Breach of Contract, Defamation, Industry: real estate, Justice Emerson, Elizabeth, Piercing Corporate Veil, Suffolk, Summary Judgment

In an October 6, 2014 Commercial Division decision by Justice Emerson, the court granted in part the motion of Defendant real estate brokerage for summary judgment on four causes of action asserted by Plaintiff, a real estate agent who entered into a contractor’s agreement with Defendant.  Continue Reading

Court Grants Preliminary Injunction to Enforce Non-Compete in Sale of Insurance Agency

Posted in Albany, Industry: insurance, Justice Platkin, Richard, Non-compete, Preliminary Injunction

In an, October 2, 2014 Commercial Division decision by Justice Platkin, the court granted the plaintiff’s motion for a preliminary injunction, which sought to enforce a non-competition agreement (the “Agreement”) given by the defendant in connection with the asset purchase agreement pursuant to which the defendant sold his Allstate insurance agency to the plaintiff. Continue Reading

Pension Fund Auditor May Have Had Duty to Investigate and Verify Fund’s Investments in Madoff-Related Entities

Posted in Ambiguity, Breach of Contract, Breach of Fiduciary Duty, Constructive Fraud, Erie, Fraud, Industry: accounting, Justice Walker Timothy J., Malpractice, Misrepresentation, Summary Judgment

In an August 19, 2014, Erie County Commercial Division decision by Justice Walker, the court denied in part and granted in part defendant-accounting firm’s motion for summary judgment dismissing plaintiff-pension fund’s action for audit deficiencies and other misconduct. Continue Reading

Justice Demarest Dismisses Son’s Suit Against Mother for Alleged Misappropriation of Corporate Assets

Posted in BCL 626, Breach of Contract, Breach of Fiduciary Duty, Constructive Trust, CPLR 3211, Derivative Actions, Fraud, Justice Demarest, Carolyn E., Kings, Shareholder Dispute, Unjust Enrichment

In an October 14, 2014 Commercial Division decision by Justice Demarest, the court granted the defendant’s motion to dismiss the complaint. The action was commenced by the corporate plaintiff, Koryeo Intl. Corp. (“Koryeo”), and the individual plaintiff, Steve Hong (“Steve”), Koryeo’s current sole shareholder, officer and director against Steve’s mother, Kyung Ja Hong (“Kyung”), the former sole shareholder, director and officer of the company. Continue Reading

Preliminary Injunction Relating to Buyout Agreement Denied where Board Adequately Remedied Initial Failure to Adequately Disclose All Relevant Information to Shareholders

Posted in Class Action, Fiduciary Duty, Justice Pines, Emily, Shareholder Dispute, Suffolk

In a September 19, 2014 Commercial Division decision by Justice Pines, the court denied the plaintiff’s motion for a preliminary injunction with respect to a buyout agreement, under which the defendant Medical Action Industries, Inc. (“Medical Action”) sought to cash out the shareholders of Medical Action through a sale of its stock to the defendant Owens & Minor, Inc. Continue Reading

Breach of Contract Claim Survives Dismissal Due to Ambiguous Appraisal Condition in Construction Loan Commitment Letter

Posted in Ambiguity, Breach of Contract, CPLR 3211, Industry: banking, Industry: real estate, Justice Demarest, Carolyn E., Kings

In a September 4, 2014, Kings County Commercial Division decision by Justice Demarest, the court denied defendant-lender’s motion to dismiss plaintiff-borrower’s action for breach of contract, alleging that defendant failed to fund a construction loan pursuant to the terms of a commitment letter. Continue Reading

Court Declines to Recuse Itself and Grants Summary Judgment

Posted in Industry: real estate, Justice Bransten, Eileen, New York, Summary Judgment

In an August 27, 2014 Commercial Division decision by Justice Bransten, the court denied a motion seeking its recusal and granted a motion for summary judgment.  The motions were brought in a landlord tenant litigation after the court held a hearing on a motion for a Yellowstone injunction and the court’s granting the injunction. Continue Reading

Court Certifies Class of Home Care Attendants in Unpaid Overtime Case

Posted in Class Action, Industry: healthcare, Justice Demarest, Carolyn E., Kings

In a September 16, 2014 Commercial Division decision by Justice Demarest, the court granted Plaintiffs’ renewed motion for class certification, following its earlier denial of the motion without prejudice to renew following discovery as to whether the requirements for class certification were satisfied. Continue Reading

Singapore Financial Company’s Suit Against Morgan Stanley Permitted to Proceed in New York Forum, Claims Over Failed Credit-Linked Notes Survive Dismissal

Posted in CPLR 3211, CPLR 327, Credit Swap, Documentary Evidence, Forum non Conveniens, Fraud, Industry: financial services, Justice Bransten, Eileen, Motion to Dismiss, New York, Uncategorized

In a September 12, 2014 Commercial Division decision by Justice Bransten, the court granted in part the motion to dismiss of Morgan Stanley, pursuant to CPLR 327, CPLR 3211(a)(1), and CPLR 3016(b).  Plaintiff HLF, a Singapore financial company, asserted six causes of action based on allegations that Morgan Stanley fraudulently induced it to enter into a distributorship agreement to buy and resell credit-linked notes from Morgan Stanley, contending that Morgan Stanley intended the notes to fail and shorted the assets underlying them.  Continue Reading