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New York Commercial Division Case Compendium

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

Notifying Bondholders of a Bond Redemption is Not the Same As Actually Redeeming Bonds

Posted in Healthcare, Kornreich, Shirley Werner, Motion to Dismiss, New York

In an August 25, 2015 Commercial Division decision by Justice Kornreich, the court denied defendant Catholic Health East’s (“CHE’s”) motion to dismiss a cause of action for breach of contract, and granted plaintiffs Emmet & Co., Inc.’s and First Manhattan Co.’s, Individually, and on Behalf of a Class of Similarly Situated Persons (“Emmet’s”) partial summary judgment on liability. Continue Reading

Other Decisions of Interest

Commercial Division Rules Judgment as a Matter of Law Appropriate on Some, But Not All Causes of Action

Posted in Breach of Contract, Estoppel, Legal, Malpractice, Pines, Emily, Statute of Limitations, Suffolk, Tortious Interference with Business Relations, Unjust Enrichment


In an August 18, 2015 Commercial Division decision by Justice Pines, the court granted in part the defendants’ motion for judgment as a matter of law dismissing various causes of action asserted against them. Continue Reading

Fired Employee’s At-will Status and Reliance on Representations Regarding the Nature of his Employment Were Improper Grounds to Dismiss Fraudulent Inducement Claim

Posted in Financial services, Fraud, Motion to Dismiss

In a decision dated August 25, 2015, the Appellate Division, First Department reversed an order from the New York County Commercial Division granting the defendants’ motion to dismiss the complaint, which alleged fraudulent inducement. Continue Reading

Court Disqualifies Defendant’s Counsel for Disclosing Plaintiff’s Confidential Information to Plaintiff’s Opposing Party in Separate Action in Florida

Posted in Emerson, Elizabeth, Legal, Personal Jurisdiction, Shareholder Dispute, Suffolk

In an August 13, 2015 Commercial Division decision by Justice Emerson, the court denied the defendant’s motion to dismiss the complaint and granted the plaintiff’s cross motion for disqualification of the defendant’s counsel. Continue Reading

Fair Market Value and Financial Analysis Reports Requested and Paid For by Third Party-Sellers, and Not Signed by Defendant, Do Not Give Rise to a Contract or Fiduciary Duty Between Plaintiff-Purchaser and Defendant-Business Appraiser

Posted in 7th District, Breach of Contract, Breach of Fiduciary Duty, Healthcare, Motion to Dismiss, Rosenbaum, Matthew A.

In an August 27, 2015 Commercial Division decision by Justice Rosenbaum, the court granted the defendants’ motion to dismiss the complaint based on the defenses of documentary evidence and failure to state a cause of action. Continue Reading

Owner’s Appeal to Exculpatory Clause In Construction Contract Upheld Despite Contractor’s Invocation of Gross Negligence Exception

Posted in 3d Dept, Breach of Contract, Construction, Negligence, Summary Judgment

In a decision dated July 30, 2015, the Appellate Division, Third Department affirmed an order from the Albany County Commercial Division granting defendant-owner’s motion for summary judgment dismissing plaintiff-contractor’s action for delay damages in connection with the renovation of a state hospital. Continue Reading

An Agent’s Authorized Sale of its Principal’s Property Passes Despite a Collateral Breach of the Agency Agreement

Posted in 4th Dept, Breach of Contract, Financial services, Summary Judgment

In a decision dated May 8, 2015, the Appellate Division, Fourth Department affirmed an order from the Erie County Commercial Division granting the defendant, RAB’s, cross-motion to dismiss the amended complaint and declaring that RAB was the rightful owner of certain consumer accounts receivable. Continue Reading

Court Denies Preliminary Injunction Seeking to Enforce Former Employee’s Confidentiality and Non-Compete Agreements due to Preexisting Injunction in Different Forum

Posted in Albany, Breach of Contract, Platkin, Richard, Preliminary Injunction

In a July 14, 2015 Commercial Division decision by Justice Plakin, the court denied the plaintiff’s (“HMS”) motion for preliminary injunctive relief.  Continue Reading