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NY Commercial Case Compendium

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

Court Disqualifies Lawyer Who Drafted of Agreements on Behalf of Former Client From Representing Counterparty in Action Against Former Client

Posted in Attorney Disqualification, Breach of Contract, Justice Bransten, Eileen, New York

In an October 20, 2014 Commercial Division decision by Justice Bransten, the court granted Defendant’s motion to disqualify Plaintiffs’ counsel.

Defendant North American Foreign Trading Corp. (“NAFT”) was granted an arbitration award in 2005, and contacted Plaintiff Anderson & Anderson LLP-Guangzhou (“Anderson Guangzhou”) for assistance in collecting the award.  Anderson Guangzhou referred NAFT to Plaintiff Guandong Huato Law firm (“Huatu”).  NAFT retained Huatu pursuant to a written agreement, under which Huatu would earn a contingency fee upon any money Huatu recovered for NAFT.  Under the agreement, NAFT appointed Plaintiffs’ current attorney, David Buxbaum of Anderson & Anderson LLP, as agent to handle the collection efforts. Continue Reading

Real Estate Broker’s Action to Recover Commission Dismissed for Failure to State a Claim sounding in Quantum Meruit or Unjust Enrichment

Posted in CPLR 3211, Failure to State a Claim, Industry: real estate, Justice Whelan, Thomas, Motion to Dismiss, Quantum Meruit, Suffolk, Unjust Enrichment

In an October 21, 2014 Commercial Division decision by Justice Whelan, the court granted the motion to dismiss the complaint of defendants NFA Associates, LLC and Old Towne Southampton Homeowners Association, Inc. (“Moving Defendants”). This action arose from the plaintiffs’ attempt to recover a real estate broker’s commission they alleged to have earned in connection with the procurement, on the defendants’ behalf, of the development of six lots in a ten-lot subdivision of luxury homes that had been planned by the defendant John Keane and/or his companies. Continue Reading

Insurer’s Denial of Coverage to Subcontractor Not a Breach of Implied Covenant of Good Faith and Fair Dealing

Posted in Construction Contract, CPLR 3211, Industry: construction, Insurance Coverage, Justice Whelan, Thomas, Motion to Dismiss, Suffolk

In an October 21, 2014 Commercial Division decision by Justice Whelan, the court granted Defendant insurer’s motion to dismiss Plaintiff general contractor’s claims for recovery of consequential damages, costs, and attorneys fees.  Plaintiff commenced an action for damages against its subcontractor and the subcontractor’s insurer, Defendant Travelers. Continue Reading

Court Allows Majority of Claims Arising from Failure to Consummate $112 Million Real Estate Transaction to Continue

Posted in Conversion, CPLR 3211, Documentary Evidence, Fraud, Good faith and fair dealing, Industry: real estate, Joint Venture Dispute, Justice Bransten, Eileen, New York

In a September 29, 2014 Commercial Division decision by Justice Bransten, the court allowed the majority of the plaintiff’s claims to proceed, finding them not barred by the documentary evidence submitted by the defendants.  The litigation arose from a significant real estate transaction, to purchase a tenants in common (“TIC”) interest in over 1,200,000 square feet of prime Manhattan real estate. Continue Reading

Court Adopts “Time on the Risk” Allocation Formula in Insurance Coverage Dispute related to Environmental Clean-up of Former Manufactured Gas Plants in Hempstead and Rockaway Park

Posted in Indemnification, Industry: insurance, Justice Scarpulla, Saliann, New York

In an October 17, 2014 Commercial Division decision by Justice Scarpulla, the court granted in part, the defendant’s motion for partial summary judgment. The plaintiff (“Keyspan”) commenced the action seeking a declaration that the defendant Century Indemnity Company (“Century) was obligated to indemnify it for costs of an environmental clean-up of two former manufactured gas plan sites, pursuant to eight excess liability insurance policies issued by Century to Keyspan. Continue Reading

Generalized Argument in Attorney Affirmation and Self-Serving Party Affidavit Insufficient to Raise Triable Issues of Fact

Posted in Indemnification, Industry: construction, Justice Bransten, Eileen, New York, Special Proceeding, Summary Judgment

In an August 12, 2014, New York County Commercial Division decision by Justice Bransten, the court granted plaintiff-surety’s motion for partial summary judgment on its claim for contractual indemnification against defendant-contractor and its former president.  Continue Reading

NBA’s Larry Sanders Signs with Rival Sports Agency, Former Agent’s Tort Claims Dismissed

Posted in Industry: sports, Justice Bransten, Eileen, New York, Tortious Interference with Business Relations, Unfair Competition, Unjust Enrichment

In an October 9, 2014 Commercial Division decision by Justice Bransten, the court granted Defendant’s motion to dismiss pursuant to CPLR 3211(a)(7).  Plaintiff Miller is founder of a sports management firm that competes with Defendants.  Miller represented NBA player Larry Sanders, under a written agreement. Continue Reading

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