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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: Suffolk

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Court Finds Stock-Option Agreement Unenforceable, and Covenant-Not-to-Compete Unreasonable

Posted in Breach of Contract, Emerson, Elizabeth, Manufacturing, Motion to Dismiss, Pharmaceutical, Preliminary Injunction, Suffolk

In a November 24, 2015, Commercial Division decision by Justice Emerson, the court granted the defendants’ motion to dismiss the plaintiff’s amended complaint, which contained causes of action against the individual defendants for breach of covenants not to compete, tortious interference with contract and unfair competition.

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.

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.

Continuing-Wrong Doctrine Applies to Extend Statute of Limitations for Breach of Contract Claims against Town of Brookhaven Related to Development of Telecommunications Towers

Posted in Emerson, Elizabeth, Statute of Limitations, Suffolk, Telecommunications

In a July 29, 2015 Commercial Division decision by Justice Emmerson, the court granted the defendant Town of Brookhaven’s motion for reargument and, on reargument adhered to its prior decision which denied in part the Town’s motion for summary judgment seeking dismissal of the claims asserted against the Town based on the statute of limitations.

Attempts to Avoid Creditors Thwarted When Court Finds Evidence of Intent to Defraud Creditors, Granting Plaintiff Summary Judgment: All County Paving Corp. v Darren Constr. Inc.

Posted in Attorneys' Fees, Construction, Emerson, Elizabeth, Fraud, Suffolk, Summary Judgment

In an August 4, 2015 Commercial Division decision by Justice Elizabeth Emerson, the court denied defendants’ motion for summary judgment to dismiss the complaint, and granted plaintiff’s cross-motion for summary judgment as to one of the defendants.

Use of Interactive Website Accessible in New York Not Considered Doing or Transacting Business in New York for Purposes of Personal Jurisdiction

Posted in Fraud, Motion to Dismiss, Personal Jurisdiction, Pines, Emily, Real estate, Suffolk

In a March 27, 2015, Suffolk County Commercial Division decision by Justice Pines, the court granted defendant non-domiciliary’s motion to dismiss plaintiff’s complaint for lack of personal jurisdiction. Plaintiff brought fraud and negligent misrepresentation claims against a Florida professional association in connection with the sale of real estate in New York. Defendant moved to dismiss… Continue Reading

Motions for Attorney Disqualification Denied Where Matters Forming Purported Conflict Not Substantially Related

Posted in Pines, Emily, Suffolk

In a February 23 2015, Commercial Division decision by Justice Pines, the court denied the two separate motions of the various defendants, which each sought to disqualify the attorneys appearing in a corporate dissolution action based on their representation of the same parties in a separate action involving the same parties in the Suffolk County… Continue Reading

CISG Preemption of State Law Contract Claim Does Not Compel Dismissal of that Cause of Action

Posted in Breach of Contract, Manufacturing, Motion to Dismiss, Pines, Emily, Statute of Limitations, Suffolk

In a March 12, 2015, Commercial Division decision by Justice Pines, the court denied dismissal of a breach of contract cause of action. In this case, plaintiff U.S. Nonwovens Corp. (“Plaintiff”) entered into an agreement with defendant Nuspark Engineering Corp. (“Nuspark”) for the purchase of a custom automatic filling and sealing machine (“Auto Tubber”) for… 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… Continue Reading

Summary Judgment Granted Where Third-Party Plaintiff Failed to Properly Exercise Option Upon Which Breach of Contract Based

Posted in Banking, Breach of Contract, Suffolk, Summary Judgment, Whelan, Thomas

In a December 4, 2014, Commercial Division decision by Justice Whelan, the court granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint. The main action was commenced against the multiple defendants to foreclose the lien of a consolidated mortgage, which had been assigned to the plaintiff VFC Partners 19, LLC by third-party… Continue Reading

Public Confusion Arising from Cold Spring Harbor Construction Company’s Use of Trade Name Similar to Competitor’s Warrants Preliminary Injunction

Posted in Construction, Preliminary Injunction, Suffolk, Whelan, Thomas

In a November 20, 2014, Commercial Division decision by Justice Whelan, the court granted the plaintiff’s motion for preliminary injunctive relief. The plaintiff, Cold Spring Harbor Construction, Inc. (“CSHC, Inc.”) commenced the action seek to restrain and enjoin the defendant, Cold Spring Builders, Inc. (“CSB, Inc.”), a newly formed from using and employing the trade… Continue Reading

Dental Office Purchaser Fails to Establish Claims of Fraud and Breach against Seller on Summary Judgment

Posted in Fraud, Healthcare, Promissory Note, Rescission, Suffolk, Summary Judgment, Whelan, Thomas

In a September 26, 2014 Commercial Division decision by Justice Whelan, the court granted in part a motion for summary judgment by the defendants, sellers of a dental practice to Plaintiff, a dental professional corporation.  Plaintiff purchased a dental practice from the defendants and later argued that defendants breached certain of their obligations under the… Continue Reading

Former Employees Enjoined from Using Customer Information, Pricing Schedules Copied From Motorcycle Apparel Manufacturer

Posted in Breach of Fiduciary Duty, Estoppel, Preliminary Injunction, Suffolk, Whelan, Thomas

In a November 6, 2014 Commercial Division decision by Justice Whelan, the court granted a motion for preliminary injunction enjoining Defendants, former employees of Plaintiff wholesaler, from disclosing and using confidential information and trade secrets of Plaintiff.