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New York Commercial Division Case Compendium

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

Class Allowed to Prosecute Proceeding for Turnover of Water Lily Proceeds in Absence of Necessary Party

Posted in Class Action, Conversion, Fraud, Motion to Dismiss, New York, Personal Jurisdiction, Ramos, Charles E., Unjust Enrichment

In an April 7, 2015, New York County Commercial Division decision by Justice Ramos, the court denied in substantial part respondents’ motion under CPLR 1001, as well as 3211 (a) (4) and (7), to dismiss petitioners’ special proceeding for failure to join a necessary party; because of another action pending; and for failure to state causes of action sounding in fraud, conversion, aiding and abetting conversion, unjust enrichment, and constructive trust. Continue Reading

Other Decisions of Interest

Statute of Limitations Bars Three of Subcontractor’s Five Claims Related to New York City DOS Project to Build Two New Sanitation Garages in Brooklyn

Posted in Breach of Contract, Breach of Fiduciary Duty, Construction, Demarest, Carolyn E., Kings, Motion to Dismiss, Statute of Limitations

In a June 5, 2015 Commercial Division decision by Justice Demarest, the court granted in part the defendant’s motion to dismiss. Continue Reading

Dismissal of Claims Brought Five Years Too Late and Award of Attorney’s Fees for Plaintiff’s Frivolous Conduct in Commencing Action Affirmed by Second Department

Posted in 2d Dept, Attorneys' Fees, Construction, Motion to Dismiss, Statute of Limitations

In a decision dated January 21, 2015, the Appellate Division, Second Department, affirmed an order from the Kings County Commercial Division, which granted the defendants’ motion to dismiss the complaint and for an award of attorney’s fees pursuant to 22 NYCRR 130-1.1. Continue Reading

Buyer Limited to Restricted Remedies Clause in Purchase & Sale Agreement; Specific Performance Not Meant to Provide Carte Blanche to Buyers to Evade Such Restrictions through Delay Tactics

Posted in Breach of Contract, Declaratory Judgment, New York, Real estate, Sherwood, O. Peter, Summary Judgment

In a May 26, 2015, New York County Commercial Division decision by Justice Sherwood, the court granted plaintiff-buyer’s motion for summary judgment dismissing defendant-seller’s counterclaim for specific performance of a real estate contract and denied defendant’s cross-motion for summary judgment on its counterclaim for return of its deposit. Continue Reading

Preliminary Injunction Granted Pursuant to Terms of Shareholders Agreement in Declaratory Judgment Action Regarding Company’s Obligation to Purchase Shares of Deceased Shareholder

Posted in Declaratory Judgment, Order to Show Cause, Queens, Ritholtz, Martin E.

In a May 27, 2015 Commercial Division decision by Justice Ritholtz, the court granted the plaintiffs’ motion for a preliminary injunction in this declaratory judgment action. Continue Reading