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

Category Archives: New York

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Statute of Frauds is Not a Bar to Russian Oligarch’s Claims Against Fellow Russian Billionaire Investors Over Breach of Joint Venture Agreement

Posted in Arbitration, Breach of Contract, Breach of Fiduciary Duty, Fraud, Motion to Dismiss, New York, Preliminary Injunction, Scarpulla, Saliann, Statute of Limitations

In a December 2, 2015 Commercial Division decision by Justice Scarpulla, the court consolidated and decided the defendants’ motion to dismiss the amended complaint and the plaintiff’s motion seeking a preliminary injunction to restrain the defendants from pursuing arbitration in London and from commencing any other foreign proceeding.

Suit Against Holder of Sole Master License to US Polo Association Apparel Dismissed based on Court’s Sua Sponte Finding that Plaintiff Lacked Standing

Posted in Breach of Contract, Motion to Dismiss, New York, Ramos, Charles E., Retail

In a November 6, 2015 Commercial Division decision by Justice Ramos, the court granted the motion of defendants Jordache Limited, Jordache Enterprises, Inc. and JRA Trademark Co. Ltd., (“JRA”) pursuant to CPLR 3211 (a) (7) and 3016 (b), dismissing the verified complaint of plaintiff H & M Trading Company LLC (“H & M”).

When Fiduciary Duties of Directors Are Split Between Two Companies, They Must Demonstrate ‘Entire Fairness’ of Decision

Posted in Banking, Breach of Fiduciary Duty, Financial services, New York, Ramos, Charles E., Shareholder Dispute, Summary Judgment

In an October 23, 2015, Commercial Division decision by Justice Ramos, the court denied the Defendants’ motion for summary judgment in its entirety, while granting the plaintiff’s motion for summary judgment in part, to the limited extent of determining that the “entire fairness standard” applies when a decision of the Board of Directors is challenged… Continue Reading

Court Dismisses Various State Law Claims Under Both Russian and New York Law, Also Dismisses for Lack of Personal Jurisdiction over Foreign Defendants

Posted in Bransten, Eileen, Breach of Fiduciary Duty, Conversion, Motion to Dismiss, New York, Personal Jurisdiction, Shareholder Dispute, Tortious Interference with Business Relations, Unjust Enrichment

In an August 25, 2015 Commercial Division decision by Justice Bransten, the court granted five motions to dismiss, dismissing a Complaint which alleged conspiracy to strip the plaintiff, Norex Petroleum Limited (“Norex”), a Cyprus corporation, of its controlling interest in a lucrative Russian oil company (“Yugraneft”). In this case, the court analyzed whether a federal… Continue Reading

Statute of Limitations Begins Tolling at Closing of Pooling and Servicing Agreement in Residential Mortgage Backed Securities Put-Back Action, Despite Different Accrual Provision in Parties’ Private Contract

Posted in Banking, Breach of Contract, Financial services, Kornreich, Shirley Werner, Motion to Dismiss, New York, Statute of Limitations

In a September 18, 2015, Commercial Division decision by Justice Kornreich, the court granted the defendants’ consolidated motions to dismiss a Complaint pursuant to CPLR 3211, based on the defense that Plaintiff’s put-back claims were time barred. 

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… Continue Reading

Class Allowed to Prosecute Proceeding for Turnover of Water Lily Proceeds in Absence of Necessary Party

Posted in Class Action, Conversion, Fraud, Motion to Dismiss, New York, Personal Jurisdiction, Ramos, Charles E., Unjust Enrichment

In an April 7, 2015, New York County Commercial Division decision by Justice Ramos, the court denied in substantial part respondents’ motion under CPLR 1001, as well as 3211 (a) (4) and (7), to dismiss petitioners’ special proceeding for failure to join a necessary party; because of another action pending; and for failure to state… Continue Reading

Buyer Limited to Restricted Remedies Clause in Purchase & Sale Agreement; Specific Performance Not Meant to Provide Carte Blanche to Buyers to Evade Such Restrictions through Delay Tactics

Posted in Breach of Contract, Declaratory Judgment, New York, Real estate, Sherwood, O. Peter, Summary Judgment

In a May 26, 2015, New York County Commercial Division decision by Justice Sherwood, the court granted plaintiff-buyer’s motion for summary judgment dismissing defendant-seller’s counterclaim for specific performance of a real estate contract and denied defendant’s cross-motion for summary judgment on its counterclaim for return of its deposit.

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.

Developer’s $1 Billion Claim for Consequential Damages on a $200 Million Loan Obligation Offends “Commonsense” Rule of Construction under Kenford

Posted in Breach of Contract, Construction, Financial services, Friedman, JSC, Marcy S., Motion to Dismiss, New York

In a January 14, 2015, Commercial Division decision by Justice Friedman, the court granted defendant-lender’s motion to dismiss, at the pre-answer stage, plaintiff-borrower’s claim for consequential damages.

Court Denied Motion to Dismiss Based on Champerty Statute Where Assignee’s Intention to Bring Litigation By Proxy Was Unclear

Posted in Bransten, Eileen, Fraud, Motion to Dismiss, New York, Pharmaceutical, Shareholder Dispute, Unjust Enrichment

In a March 16, 2015, Commercial Division decision by Justice Bransten, the court denied defendants’ motion to dismiss the complaint in its entirety. This action was brought by Shareholder Representative Services, Inc. (“SRS”) on its own behalf, and on behalf of the former shareholders of Oriel Therapeutics, Inc. (“Oriel”), against Sandoz Inc., its affiliates and… Continue Reading

City Barred from Seeking Medicaid Reimbursement from Trustee Where Claims Should Have Been Raised in Prior Accounting Proceeding

Posted in Breach of Contract, Breach of Fiduciary Duty, CPLR 2221, Fraud, Healthcare, Motion to Dismiss, New York, Ramos, Charles E.

In a March 27, 2015, Commercial Division decision by Justice Ramos, the court denied a motion by plaintiff NYC Dept. of Social Services to reargue defendant-trustee’s motion to dismiss for res judicata purposes. The case arose out of an underlying medical malpractice action involving the treatment of defendant’s son at New York Presbyterian Hospital. The… Continue Reading

Sanctions Entered Against Landlord’s Counsel for Failure to Issue Document Hold and Insufficient Document Productions Prior to Depositions

Posted in Bransten, Eileen, Legal, New York, Summary Judgment

In a March 4, 2015 Commercial Division decision by Justice Bransten, the court entered sanctions against counsel for defendant landlord, awarding attorneys’ fees on the motion and for related depositions. The court also granted in part the landlord’s motion to dismiss the cause of action of plaintiff tenant-law firm for breach of implied covenant of… Continue Reading

No relationship, No problem: Court Enforces Choice of Law Provision Despite Absence of Reasonable Relationship Between Parties and their Agreement, and New York.

Posted in Bransten, Eileen, Breach of Contract, New York, Preliminary Injunction

In a January 9, 2015, Commercial Division decision by Justice Bransten, the court enforced a New York choice of law provision in an agreement between the parties, and denied in its entirety plaintiff’s motion for preliminary injunction to enforce a servicing provision in that same agreement. 

Jurisdictional Discovery Needed Over Allegations of Rival Firm’s Looting of Bankrupt Real Estate Brokerage

Posted in Discovery, Friedman, JSC, Marcy S., Motion to Dismiss, New York, Personal Jurisdiction, Real estate

In a December 15, 2014 Commercial Division decision by Justice Friedman, the court granted in part the motion to dismiss of nine of eleven defendants for lack of personal jurisdiction, severed the surviving claims, and referred the issue of jurisdictional discovery of the two remaining defendants to a Special Referee.

Champerty Defense in Action Against Morgan Stanley Arising Out of Purchase of Mortgage Backed Securities Rejected

Posted in Banking, Fraud, Friedman, JSC, Marcy S., Motion to Dismiss, New York, Statute of Limitations

In an October 28, 2014 Commercial Division decision by Justice Friedman, the court granted in part, and denied in part, Morgan Stanley’s motion to dismiss a fraud action.  The action was brought by plaintiff IKB International S.A. in Liquidation, alleging fraud on the part of Morgan Stanley in connection with the purchase of residential mortgage… Continue Reading

Court Confers Judgment-Creditor Status Based on Creditor’s Diligence and Expenditure of “Tremendous Resources” in its Unsuccessful Attempts to Enforce its Judgment

Posted in Banking, New York, Ramos, Charles E.

In a November 14, 2014, Commercial Division decision by Justice Ramos, deciding a motion brought by the Superintendent of Financial Services of the State of New York (“Superintendent”) seeking an order determining Sage Realty Corporation’s (“Sage”) priority of payment for its claim against Jugobanka A.D., Beograd (“Jugobanka”), the court held that Sage had the status… Continue Reading