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New York Commercial Division Case Compendium

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

Untwisted Pretzel: Pro Se Plaintiff’s Multiple Prior Actions Related to Breach of Licensing Agreement for Development of “Different Twist Pretzel Stores” deemed Res Judicata

Posted in Breach of Contract, Demarest, Carolyn E., Estoppel, Kings, Motion to Dismiss, Retail

In a December 5, 2014, Commercial Division decision by Justice Demarest, the court granted the defendants’ motions for summary judgment, dismissing the case. The action arose out of a licensing agreement (the “Agreement”) through which the pro se plaintiff (“Rose”) was to obtain the master rights to develop and sell licenses and pretzel products through the defendant Different Twist Pretzel Co. of NY Inc. (“Different Twist”), for which Different Twist would pay the defendant Chapel Banks (“Chapel”) license and royalty fees. Continue Reading

Other Decisions of Interest

1st Department Reverses Commercial Division’s Granting of Motion to Dismiss Breach of Employment Contract as Premature

Posted in 1st Dept, Breach of Contract, Financial services, Motion to Dismiss

In an October 28, 2014 decision, the Appellate Division, First Department reversed the Commercial Division, New York County’s decision, which granted the defendants’ motion to dismiss. This action arose from the individual defendant’s (“Ephraim”) two-year employment contract (the “Contract”) with the plaintiff (“Greystone”), which included three restrictive covenants at issue: a noncompete clause; a nonsolicitation clause; and a confidentiality provision (the “Covenants”).  Continue Reading

Motion to Dismiss for Failure to Join Necessary Party Denied, Defendant Failed to Establish Non-Party Beyond the Court’s Jurisdiction

Posted in Arbitration, Insurance, Motion to Dismiss, Suffolk, Whelan, Thomas

In a December 4, 2014 Commercial Division decision by Justice Whelan, the court denied the defendant’s motion to dismiss for plaintiff’s alleged failure to join a necessary party, and to compel arbitration in the alternative. The plaintiff alleged the defendant was an alter ego of a non-party company for whom the plaintiff contractually agreed to perform software development. Continue Reading

Pop Comes Out On Top: Court Dismisses Case Against Coca-Cola Based on Enforcement of a Forum Selection Clause

Posted in Class Action, Motion to Dismiss, Scheinkman, Alan D., Westchester

In a January 30, 2015, Commercial Division decision by Justice Scheinkman, the court granted defendant’s motion dismissing plaintiffs’ class action complaint based on the enforcement of a forum selection clause.

Plaintiffs commenced this action on behalf of themselves and others similarly situated who have been charged a $1.20 deposit handling fee for every 24-bottle case of beverages purchased from defendant that was eligible for a five cents per bottle refund, alleging that defendant, Coca-Cola, violated the New York’s Returnable Container Act (the “Bottle Bill”). Continue Reading

Motion to Reargue Granted, Motion to Renew Denied, As Related to Improperly Filed Lien on Hotel and Retail Construction Project

Posted in Construction, CPLR 2221, Motion to Dismiss, New York, Ramos, Charles E.

In a February 9, 2015 Commercial Division decision by Justice Ramos, the court granted the plaintiff’s motion for leave to reargue, but denied its motion to renew the defendants’ motion to dismiss. Continue Reading

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