Header graphic for print

New York Commercial Division Case Compendium

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

Other Decisions of Interest

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

Email Notifying Landlord of Address Change Sent by Tenant’s Related Entity Insufficient to Alter “Last Known Address” Requirement in Lease’s Notice Provision

Posted in Breach of Contract, Guaranty, Indemnification, Order to Show Cause, Preliminary Injunction, Queens, Real estate, Ritholtz, Martin E., Unjust Enrichment

In a June 1, 2015, Queens County Commercial Division decision by Justice Ritholtz, the court denied defendant-commercial tenant’s motion for a Yellowstone injunction as untimely. Continue Reading

Patently Denied: Court Denied Inventor’s Motion for Partial Summary Judgment in Action Regarding Assignment of Patents

Posted in Declaratory Judgment, Emerson, Elizabeth, Engineering, Summary Judgment

In a February 3, 2015, Commercial Division decision by Justice Emerson, the court denied plaintiffs’ motion for partial summary judgment.  This action was brought by plaintiff Vito Agosta (“Agosta”), an inventor who developed a method of burning liquid ammonia in diesel engines.  The action arose from an assignment of a patent application for Agosta’s invention to defendant FAST Systems Corporation (“FAST”). Continue Reading

Plaintiff Escapes Three-Year Limitations Period for Accounting Malpractice by Alleging Intentional Misconduct in Support of Claims for Breach of Contract and Fraud

Posted in Accounting, Albany, Breach of Contract, Breach of Fiduciary Duty, Fraud, Malpractice, Motion to Dismiss, Platkin, Richard, Statute of Limitations, Uncategorized, Unjust Enrichment

In a March 6, 2015, Albany County Commercial Division decision by Justice Platkin, the court granted in part and denied in part defendant-accounting firm’s (the “Firm’s”) motion to dismiss plaintiff-New York Worker’s Compensation Board’s (the “Board’s”) action alleging inadequate and improper accounting services. Continue Reading

Joint Bank Account of Judgment Debtor and Spouse Not Exempt from Enforcement Due to Failure to Comply with Plain Language of CPLR § 5222-a(c)(4)

Posted in Demarest, Carolyn E., Kings

In a March 20, 2015 Commercial Division decision by Justice Demarest, the court denied the respondent, judgment-debtor’s wife’s motion seeking costs, reasonable attorney’s fees and actual damages pursuant to CPLR §§ 5222-a(g) and 5239. Continue Reading

Privilege Protects Correspondence from Defamation Claims; and Irrelevant and Scandalous Statements are Stricken from Counterclaims and Third-Party Complaint

Posted in Advertising, Bransten, Eileen, Motion to Dismiss, New York, Tortious Interference with Business Relations

In a January 15, 2015 Commercial Division decision by Justice Bransten, the court granted a motion to dismiss counterclaim and third-party claim for defamation, and struck certain paragraphs from counterclaims and third-party complaint relating to defamation and business interference. Continue Reading

Thou Shalt Not Destroy ESI: Yet Another Cautionary Tale on the Duty to Preserve Electronically Stored Information from the Commercial Division, Albany County

Posted in Albany, Platkin, Richard

In a May 19, 2015, Commercial Division decision by Justice Platkin, the court granted the plaintiffs’ motion for the imposition of spoliation sanctions based on the defendants’ alleged intentional destruction of electronically stored information (“ESI”). Continue Reading

Note to Guarantor Defending against an Alleged Failure to Pay upon Default: Don’t Question the Authenticity of Your Signature and Also Admit You Signed the Guaranty in the Same Affirmation in Opposition

Posted in Arbitration, Attorneys' Fees, Breach of Contract, Demarest, Carolyn E., Discovery, Guaranty, Kings, Limited Liability Companies, Summary Judgment

In an April 15, 2015, Commercial Division decision by Justice Demarest, the court granted plaintiff-lender’s motion for summary judgment based on defendant-guarantor’s failure to repay a loan upon the borrower’s default under a related promissory note. Continue Reading