In a decision dated December 30, 2015, the Appellate Division, First Department affirmed an order from the New York County Commercial Division granting defendant-law firm’s motion to dismiss plaintiff-health care provider’s malpractice action.
In a November 13, 2015 Commercial Division decision by Justice Platkin, the court granted defendant’s motion to dismiss on the basis of forum selection clauses.
In an October 23, 2015 Commercial Division decision by Justice Ramos, the court denied a proposed settlement in a consolidated class action.
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
In a May 20, 2014 Commercial Division decision by Justice Sherwood, the court denied the defendant’s pre-answer motion to dismiss the complaint brought pursuant to CPLR 3211(a)(7). This insurance coverage case, concerning a “ForeFront Portfolio” insurance policy (“Policy”) issued by the defendant Federal Insurance Company (“FIC”) to the plaintiff, Major League Soccer, L.L.C. (“MLS”), arose… Continue Reading
In an October 17, 2014 Commercial Division decision by Justice Scarpulla, the court granted in part, the defendant’s motion for partial summary judgment. The plaintiff (“Keyspan”) commenced the action seeking a declaration that the defendant Century Indemnity Company (“Century) was obligated to indemnify it for costs of an environmental clean-up of two former manufactured gas… Continue Reading
In an, October 2, 2014 Commercial Division decision by Justice Platkin, the court granted the plaintiff’s motion for a preliminary injunction, which sought to enforce a non-competition agreement (the “Agreement”) given by the defendant in connection with the asset purchase agreement pursuant to which the defendant sold his Allstate insurance agency to the plaintiff.
In an May 6, 2014 Commercial Division decision by Justice Scheinkman, the Court granted the defendant underwriter’s motion for summary judgment and dismissed plaintiff insurer’s complaint, without prejudice to a motion by the insurer to interpose an amended complaint. MBIA alleged one cause of action: that JP Morgan (formerly Bear Stearns) fraudulently induced MBIA to… Continue Reading
In a February 28, 2014 Commercial Division decision by Justice Ramos, the court granted the plaintiffs’ motion for partial summary judgment and denied the defendants’ motion for partial summary judgment. The plaintiffs commenced this insurance coverage action seeking a declaratory judgment that its insurers, the defendants, were required to indemnify them against certain claims. The… Continue Reading
In a July 2, 2013, decision by Justice Kapnick, the court granted defendant-insurance brokers’ motion for summary judgment dismissing a consumer-protection claim by plaintiff, trustee of a stranger-owned life insurance or “STOLI” trust. In short, a STOLI arrangement is one in which an investor or group of investors seeks to profit from a life-insurance policy… Continue Reading
In an April 24, 2013 decision by Justice Demarest, the court granted a subcontractor’s motion to restore a case to the calendar and enter judgment against a surety based on an unfulfilled settlement. The litigation arose from a construction project for the New York City Department of Sanitation. Plaintiff was a subcontractor on the project. … Continue Reading
In an April 12, 2013 decision by Justice Kornreich, the Court granted partial summary judgment against an insurance broker on claims for breach of contract and negligence. The court also granted summary judgment dismissing all claims against an insurer and insurance wholesaler and granted the insurer summary judgment on its cross-claims to recover defense costs… Continue Reading
In an April 4, 2013 decision by Justice Ramos, the Court dismissed plaintiff’s breach of contract claim to the extent that it sought damages beyond those allowed under its contract but allowed its tortious interference with a contract claim to move forward. The litigation arose from the mortgage backed security meltdown. Plaintiff, Assured, provided financial… Continue Reading
In a January 17, 2013 decision by Justice Emerson, the court denied the defendant’s motion to dismiss. The plaintiffs were members of a real estate development entity that purchased a residential community in 2006 with plans for further development. The plaintiffs were subsequently found liable for their default under the promissory note and individual guarantees… Continue Reading
In a January 7, 2013 decision by Justice Sherwood, the court declared that there was no insurance coverage for fraudulent billing information inserted into a health insurance carrier’s computer system which resulted in the payment of fraudulent insurance claims. Plaintiff provides Medicare health insurance plans. Under the various plans health care providers submit claims for… Continue Reading
In a December 6, 2012 decision by Justice Sherwood, the court denied the Defendant Philadelphia Indemnity Insurance Company’s (PIIC) motion for summary judgment. The plaintiffs (the “Warhol Plaintiffs”), non-profits that review artwork to determine if it was created by Andy Warhol, purchased various insurance policies from PIIC. Subsequently, two actions were commenced against the Warhol… Continue Reading
In a September 13, 2012 decision by Justice Friedman, the court granted the plaintiff insurance company’s motion for summary judgment seeking a declaratory judgment that it had no duty to defend and indemnify defendant Dademadi in a personal injury action against her by defendant Stewart who claims he was injured when he fell on a… Continue Reading
In a September 12, 2012, decision by Justice Schweitzer, the court granted defendant’s motion to dismiss plaintiff’s complaint. Plaintiff-insured, after settling a securities fraud case for $65 million, sought to recover “unpaid extra claims and defense costs” from defendant-excess insurer, which provided the last $10 million layer of a $70 million tower of directors and… Continue Reading
In a July 25, 2012 decision by Justice Bransten, the court denied the petitioner’s (“National Union”) motions for reargument and to compel arbitration. The respondent (“Source One”) claimed that National Union, its worker’s compensation insurance provider, failed to reasonably adjust claims under its Policy and made improper demands for increased collateral under the associated Payment… Continue Reading
In a March 12, 2012 decision by Justice Kapnick, the court granted the defendants’ motions for summary judgment dismissing the plaintiff’s complaint. The case arose out of the plaintiff’s 1998 investment of $100,000 that was me through the defendant Legacy. The plaintiff invested the money into two viatical settlements, contracts for the sale of a… Continue Reading
In a March 28, 2012 decision by Justice Schmidt the court dismissed a complaint against a bank sounding in breach of contract, fraudulent inducement and negligence misrepresentation. The borrower originally had one loan from the bank secured by two different properties. The loan was later refinanced and split in two: a $6 million loan was secured by… Continue Reading
In a March 13, 2012 decision by Justice Whelan, the court denied plaintiff’s motion for injunctive relief seeking to enjoin defendants from, among other things, utilizing plaintiff’s allegedly confidential information and earning any fees from the use of this confidential information. Plaintiff was a “program administrator” for certain insurance policies sold by subsidiaries of Chartis Inc…. Continue Reading
In a February 28, 2012, decision by Justice Fried, the court denied in part and granted in part defendant-employee’s motion to dismiss under CPLR 3211. The court also denied defendant-employer’s motion to dismiss under CPLR 327. Plaintiff Aon sued its former employee and his new employer for breach of contract and various business torts, including misappropriation of… Continue Reading
In a February 29, 2012 decision by Justice Oing the court denied dueling cross-motions, each seeking a declaration as to whether or not an insurer was obligated to provide coverage for a slip and fall accident. One of the defendants slipped and fell on ice leaving the house where his daughter rented the second floor apartment. He… Continue Reading