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New York Commercial Division Case Compendium

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

Adversity Not Dispositive in Applying Fiduciary Exception to Attorney-Client Privilege and Must Be Determined Upon In Camera Review

Posted in 1st Dept, Breach of Fiduciary Duty, Discovery, Limited Liability Companies, Shareholder Dispute

In a decision dated October 8, 2015, the Appellate Division, First Department reversed an order from the New York County Commercial Division, which granted a motion by a 70% majority investor in a real-estate development company (plaintiff-respondent) to compel the production of certain purportedly-privileged documents in connection with the development of “the world’s largest showroom facility” in Las Vegas, Nevada.  Continue Reading

Other Decisions of Interest

Time to Re-think ‘Worthless’ Settlements in Derivative Suits – Court Rejects Proposed Settlement Where Lawyers Receive $375,000 in Fees But Plaintiffs Get Next to Nothing

Posted in Attorneys' Fees, Breach of Fiduciary Duty, Class Action, Healthcare, Insurance, Legal, New York, Ramos, Charles E., Shareholder Dispute

In an October 23, 2015 Commercial Division decision by Justice Ramos, the court denied a proposed settlement in a consolidated class action.  Continue Reading

Summary Judgment Dismissing Breach of Contract Claim Improper Where Critical Term Related to Enron’s Bankruptcy Estate Was Ambiguous, Requiring Assessment of Parol Evidence

Posted in Breach of Contract, Summary Judgment, Uncategorized

In a decision dated November 17, 2015, the Appellate Division, First department reversed an order from the New York County Commercial Division that granted the plaintiff, Impala Partners’ (“Impala”) motion for partial summary judgment dismissing defendant Borom’s breach of contract counterclaim. Continue Reading

All Causes of Action, Except for One, Survive Defendants’ Motion to Dismiss

Posted in 7th District, Breach of Contract, Financial services, Motion to Dismiss, Order to Show Cause, Preliminary Injunction, Rosenbaum, Matthew A., Tortious Interference with Business Relations, Unjust Enrichment

In a November 6, 2015 Steuben County Supreme Court decision by Justice Rosenbaum, the court denied defendants’ motion to dismiss plaintiff’s claims of tortious interference with contractual relations, tortious interference with business relations, and unfair competition, but granted defendants’ motion to dismiss with respect to plaintiff’s claim of unjust enrichment. Continue Reading

Documentary Evidence Conclusively Refuted Plaintiff’s Claim That Defendant Held or Serviced Underlying Judgment, Leading to Affirmance of Dismissal of the Complaint

Posted in 3d Dept, Banking, Fraud, Motion to Dismiss

In a November 5, 2015 decision by the Appellate Division, Third Department, the panel unanimously affirmed Justice Richard Platkin’s dismissal of an action, pursuant to CPLR 3211(a)(1), based upon documentary evidence. Continue Reading

Suit Against Holder of Sole Master License to US Polo Association Apparel Dismissed based on Court’s Sua Sponte Finding that Plaintiff Lacked Standing

Posted in Breach of Contract, Motion to Dismiss, New York, Ramos, Charles E., Retail

In a November 6, 2015 Commercial Division decision by Justice Ramos, the court granted the motion of defendants Jordache Limited, Jordache Enterprises, Inc. and JRA Trademark Co. Ltd., (“JRA”) pursuant to CPLR 3211 (a) (7) and 3016 (b), dismissing the verified complaint of plaintiff H & M Trading Company LLC (“H & M”). Continue Reading

Subcontractor That Was Paid $1 Million Under Subcontract Estopped From Challenging its Enforceability

Posted in Albany, Breach of Contract, Construction, Estoppel, Platkin, Richard, Summary Judgment

In a November 6, 2015, Commercial Division decision by Justice Platkin, the court ruled as to liability in a breach of contract action, engaging in fact-finding and resolving disputed issues of fact based on the motion record, per a stipulation by the parties. Continue Reading

Second Department Reverses Supreme Court’s Denial of Defendants’ Motion to Dismiss, Finding That Plaintiff Failed to Comply With Court Directive

Posted in 2d Dept, Attorneys' Fees, Breach of Contract, Discovery, Motion to Dismiss, Negligence, Summary Judgment

In a decision dated November 12, 2015, the Appellate Division, Second Department reversed an order from the Queens County Supreme Court, which denied the defendants’ motion to dismiss the plaintiff’s complaint. Continue Reading