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New York Commercial Division Case Compendium

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

Other Decisions of Interest

Second Department Reverses Denial of Motion for Summary Judgment in Lieu of Complaint Based on Breach of Related Contract where the Related Contract was not “Inextricably Intertwined” with the Promissory Note

Posted in 2d Dept, Bucaria, Stephen A., Construction, Summary Judgment

In a November 19, 2014 decision by the Appellate Division, Second Department, the court reversed the order of the Supreme Court, Nassau County Commercial Division (Buccaria, J.) which denied the plaintiff-appellant’s motion for summary judgment in lieu of complaint. Continue Reading

Court Denies Broker’s Commission Where Broker Was Not Procuring Cause of Real Estate Sale

Posted in Breach of Contract, Real estate, Suffolk, Summary Judgment, Unjust Enrichment, Whelan, Thomas

In a December 4, 2014, Commercial Division decision by Justice Whelan, the court denied plaintiff’s summary judgment motion seeking a broker’s commission, and granted defendant’s summary judgment motion dismissing the case. Continue Reading

Derivative Claims against Cayman Entity Dismissed Under Cayman and English Common Law

Posted in Financial services, Motion to Dismiss, New York, Personal Jurisdiction, Sherwood, O. Peter

In a November 7, 2014 Commercial Division decision by Justice Demarest, the court granted in part motions to dismiss the complaint of Plaintiff, a Mexico resident and shareholder of defendant Scottish Re, a Cayman holding company and reinsurer.  Continue Reading

Court Grant’s Plaintiff’s Motion for Reargument Based on Erroneous Application of Incorporation by Reference Doctrine Resulting in Dismissal due to Statute of Limitations

Posted in CPLR 2221, Demarest, Carolyn E., Kings, Real estate

In a January 23, 2015, decision by Justice Demarest, the court granted the plaintiff’s (“Zucker”) motion, pursuant to CPLR 2221(d)(2), to reargue with respect to that part of the court’s prior decision which dismissed the plaintiff’s breach of contract and unjust enrichment claims. Continue Reading

Proof of Note Delivery Held Essential in Mortgage Foreclosure Action

Posted in Real estate, Suffolk, Summary Judgment, Whelan, Thomas

In a September 26, 2014, Commercial Division decision by Justice Whelan, the court awarded plaintiff summary judgment dismissing three of mortgagor defendant’s affirmative defenses, but upholding the fourth for lack of standing to prosecute claims for foreclosure and sale.  Continue Reading

No relationship, No problem: Court Enforces Choice of Law Provision Despite Absence of Reasonable Relationship Between Parties and their Agreement, and New York.

Posted in Bransten, Eileen, Breach of Contract, New York, Preliminary Injunction

In a January 9, 2015, Commercial Division decision by Justice Bransten, the court enforced a New York choice of law provision in an agreement between the parties, and denied in its entirety plaintiff’s motion for preliminary injunction to enforce a servicing provision in that same agreement.  Continue Reading