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New York Commercial Division Case Compendium

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

Accountant Providing Non-Auditing Tax Services Still Has Professional and Fiduciary Duties to Inform Taxpayer of Questionable Financial Practices

Posted in Accounting, Banking, Breach of Contract, Breach of Fiduciary Duty, Demarest, Carolyn E., Fraud, Kings, Malpractice, Motion to Dismiss, Negligence

In a July 21, 2015, Kings County Commercial Division decision by Justice Demarest, the court denied in part and granted in part defendants’ motion to dismiss plaintiff’s amended complaint under CPLR 3211 (a) (1) and (7). Continue Reading

Other Decisions of Interest

An Arbitration Clause May Be Valid Even If the Substantive Provisions of the Contract Are Induced by Fraud

Posted in Accounting, Arbitration, Demarest, Carolyn E., Fraud, Kings

In a June 9, 2015 Commercial Division decision by Justice Demarest, the court granted defendants’ motion to dismiss the first twelve causes of action in plaintiffs’ complaint to the extent that litigation of those claims was stayed pending arbitration. Continue Reading

First Department Affirms Denial of Proskauer Rose’s Motion to Dismiss Malpractice Claim Arising From Allegedly Deficient Tax Advice

Posted in 1st Dept, Legal, Malpractice, Motion to Dismiss, Statute of Limitations

In a decision dated July 2, 2015, the Appellate Division, First Department affirmed an order from the New York County Commercial Division denying the defendant Proskauer Rose’s motion to dismiss the first cause of action, which alleged legal malpractice against the law firm. Continue Reading

Continuing-Wrong Doctrine Applies to Extend Statute of Limitations for Breach of Contract Claims against Town of Brookhaven Related to Development of Telecommunications Towers

Posted in Emerson, Elizabeth, Statute of Limitations, Suffolk, Telecommunications

In a July 29, 2015 Commercial Division decision by Justice Emmerson, the court granted the defendant Town of Brookhaven’s motion for reargument and, on reargument adhered to its prior decision which denied in part the Town’s motion for summary judgment seeking dismissal of the claims asserted against the Town based on the statute of limitations. Continue Reading

Attempts to Avoid Creditors Thwarted When Court Finds Evidence of Intent to Defraud Creditors, Granting Plaintiff Summary Judgment: All County Paving Corp. v Darren Constr. Inc.

Posted in Attorneys' Fees, Construction, Emerson, Elizabeth, Fraud, Suffolk, Summary Judgment

In an August 4, 2015 Commercial Division decision by Justice Elizabeth Emerson, the court denied defendants’ motion for summary judgment to dismiss the complaint, and granted plaintiff’s cross-motion for summary judgment as to one of the defendants. Continue Reading