In an August 5, 2010 decision by Justice Demarest, the court dismissed an action for breach of contract and failure to comply with NYC building codes brought by a general contractor and owner of the premises against a subcontractor, because all of the claims were barred by the doctrines of collateral estoppel and res judicata. The… Continue Reading
Monthly Archives: September 2010
The New York Racing Association and Charles Hayward v Nassau Regional Off-Track Betting Corp. et al, Sup Ct, Nassau County, July 29, 2010, Bucaria, J, Index No. 21993/09
Posted in Conversion, Defamation, Industry: entertainment, Justice Bucaria, Stephen A., Nassau, Trade Secrets, Unfair CompetitionIn a July 29, 2010 decision by Justice Bucaria, the court, inter alia, denied a motion to dismiss claims for conversion and unfair competition and granted a motion to dismiss a defamation claim. The claims arose out of Nassau Regional Off-Track Betting’s (“NROTB”) broadcasting, via the internet and television, races at the Aqueduct, Belmont and Saratoga… Continue Reading
Matter of Piekos (Home Studio Inc.)., Sup Ct, Westchester County, Aug. 3, 2010, Scheinkman, J, Index No. 12542/10
Posted in BCL 1104-a, Dissolution, Industry: advertising, Justice Scheinkman, Alan D., Shareholder Dispute, WestchesterIn an August 3, 2010, decision by Justice Scheinkman in connection with a dissolution proceeding under BCL § 1104-a, the court concluded that the filing of a dissolution petition by a one-third shareholder in a corporation operating an advertising studio triggered the mandatory buyback provision in the parties’ shareholders’ agreement requiring a buyback upon, among other… Continue Reading
Novogratz v. MIA Contr., Inc., Sup Ct, NY County, Aug. 4, 2010, Yates, J., Index No. 600556/2010
Posted in Arbitration, Construction Contract, Industry: construction, Justice Yates, James A., New York, Stay ArbitrationIn an August 4, 2010 decision by Justice Yates, the court granted in part and denied in part a motion filed by homeowners to stay arbitration brought by a home improvement contractor. The court found that one of the contracts entered into was a “home improvement contract” under the NYC Administrative Code and therefore was… Continue Reading
Bijou International v. Kohl’s Corp., Sup Ct, New York County, December 24, 2008, Index No. 601765/08
Posted in Apparent Authority, Forum Selection ClauseIn a December 24, 2008 decision, Justice Lowe granted defendant’s motion to dismiss based upon a forum selection clause in the parties’ agreement. The Court determined that the a contractual clause designating Wisconsin law as applicable and providing that any suits must be brought in either Wisconsin was binding on the parties as both a… Continue Reading
Stewart Title Ins. Co. v Liberty Title Agency, LLC, Sup Ct, New York County, Lowe, J, Index No. 601162/09
Posted in CPLR 6301, Fraud, Justice Lowe, Richard B. III, New YorkIn a decision dated May 22, 2009, Justice Lowe granted Plaintiff’s motion for a preliminary injunction freezing Defendants’ funds, finding that Plaintiff demonstrated a likelihood of success on the merits because Defendants may have committed active intentional fraud; that the destruction by Defendants of the trust placed in title agencies at real estate closings demonstrated… Continue Reading
SRG Properties, LLC v. Long Island Power Authority, Sup Ct, Nassau County, May 20, 2009, Warshawsky, J, Index No. 019866/08
Posted in Industry: public utility, Justice Warshawsky, Ira B., Nassau, RatepayerIn a May 20, 2009 decision, Justice Warshawsky granted LIPA’s motion to dismiss an Article 78 proceeding brought by a LIPA “ratepayer” challenging LIPA’s imposition of a “Power Supply Surcharge”. The ratepayer sought to have LIPA enjoined from continuing to impose the surcharge and an order compelling LIPA to seek approval of the rate increase from… Continue Reading
Morrissey v. Nextel Partners, Inc., Sup Ct, Albany County, February 19, 2009, Platkin, J, Index No. 3194/06
Posted in Albany, Class Certification, Damages, General Business Law 349, Individualized Inquiry, Justice Platkin, RichardIn a decision dated February 19, 2009, Justice Platkin denied the plaintiffs’ motion to certify a class action brought against a cellular telephone company, where the plaintiffs alleged that the defendant systematically overcharged its subscribers in violation of consumer protection statutes and contract laws. In denying the motion to certify two classes, the court held… Continue Reading