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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: Bransten, Eileen

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A 21st Century Litigant’s Credo: I Shall Preserve ESI, or Sanctions Will Follow – Court Strikes Affirmative Defense and Awards Costs and Fees for Defendant’s Grossly Negligent Failure to Preserve ESI

Posted in Attorneys' Fees, Bransten, Eileen, Discovery, Financial services

In a December 7, 2015 Commercial Division decision by Justice Bransten, the court granted the plaintiff’s motion for spoliation sanctions due to the defendant’s failure to preserve electronically stored information (“ESI”).

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

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.

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

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. 

Court Disqualifies Lawyer Who Drafted of Agreements on Behalf of Former Client From Representing Counterparty in Action Against Former Client

Posted in Arbitration, Bransten, Eileen, Breach of Contract, Estoppel, New York, Summary Judgment

In an October 20, 2014 Commercial Division decision by Justice Bransten, the court granted Defendant’s motion to disqualify Plaintiffs’ counsel. Defendant North American Foreign Trading Corp. (“NAFT”) was granted an arbitration award in 2005, and contacted Plaintiff Anderson & Anderson LLP-Guangzhou (“Anderson Guangzhou”) for assistance in collecting the award.  Anderson Guangzhou referred NAFT to Plaintiff… Continue Reading

Court Allows Majority of Claims Arising from Failure to Consummate $112 Million Real Estate Transaction to Continue

Posted in Arbitration, Bransten, Eileen, Breach of Contract, Breach of Fiduciary Duty, Conversion, CPLR 3211, Documentary Evidence, Estoppel, Fraud, Good faith and fair dealing, New York, Real estate

In a September 29, 2014 Commercial Division decision by Justice Bransten, the court allowed the majority of the plaintiff’s claims to proceed, finding them not barred by the documentary evidence submitted by the defendants.  The litigation arose from a significant real estate transaction, to purchase a tenants in common (“TIC”) interest in over 1,200,000 square… Continue Reading

Generalized Argument in Attorney Affirmation and Self-Serving Party Affidavit Insufficient to Raise Triable Issues of Fact

Posted in Bransten, Eileen, Construction, Estoppel, Indemnification, New York, Summary Judgment

In an August 12, 2014, New York County Commercial Division decision by Justice Bransten, the court granted plaintiff-surety’s motion for partial summary judgment on its claim for contractual indemnification against defendant-contractor and its former president. 

NBA’s Larry Sanders Signs with Rival Sports Agency, Former Agent’s Tort Claims Dismissed

Posted in Bransten, Eileen, Estoppel, Motion to Dismiss, New York, Sports, Tortious Interference with Business Relations, Unjust Enrichment

In an October 9, 2014 Commercial Division decision by Justice Bransten, the court granted Defendant’s motion to dismiss pursuant to CPLR 3211(a)(7).  Plaintiff Miller is founder of a sports management firm that competes with Defendants.  Miller represented NBA player Larry Sanders, under a written agreement.

Court Declines to Recuse Itself and Grants Summary Judgment

Posted in Bransten, Eileen, New York, Real estate, Summary Judgment

In an August 27, 2014 Commercial Division decision by Justice Bransten, the court denied a motion seeking its recusal and granted a motion for summary judgment.  The motions were brought in a landlord tenant litigation after the court held a hearing on a motion for a Yellowstone injunction and the court’s granting the injunction.

Singapore Financial Company’s Suit Against Morgan Stanley Permitted to Proceed in New York Forum, Claims Over Failed Credit-Linked Notes Survive Dismissal

Posted in Bransten, Eileen, Breach of Contract, CPLR 3211, Documentary Evidence, Financial services, Fraud, Misrepresentation, Motion to Dismiss, New York

In a September 12, 2014 Commercial Division decision by Justice Bransten, the court granted in part the motion to dismiss of Morgan Stanley, pursuant to CPLR 327, CPLR 3211(a)(1), and CPLR 3016(b).  Plaintiff HLF, a Singapore financial company, asserted six causes of action based on allegations that Morgan Stanley fraudulently induced it to enter into… Continue Reading

Resolution of Disagreement Over Purchase Price by Accounting Firm Instead of Court Wins the Day in Case Interpreting Competing Contractual Provisions

Posted in Bransten, Eileen, Breach of Contract, Collateral Estoppel, Estoppel, Fraud, Indemnification, Misrepresentation, Motion to Dismiss, New York, Summary Judgment, Valuation

In a July 24, 2014, New York County Commercial Division decision by Justice Bransten, the court denied Defendants’ motion to dismiss and granted Plaintiff’s motion to compel a valuation in connection with the purchase of two companies in the automation instrumentation and controls industry (the “Automation Companies”). Background Plaintiff’s breach of contract action primarily alleged… Continue Reading

Court Confirms Arbitration Award: No Basis to Vacate Award Demonstrated

Posted in Arbitration, Bransten, Eileen, Financial services, Fraud, New York

In a June 9, 2014 Commercial Division decision by Justice Bransten the court granted an application to confirm an arbitration award and denied a motion to vacate the award, providing over $100 million in damages to the Petitioners.  The dispute arose from a $75 million investment the Petitioners made in Respondents’ company.  Under the terms… Continue Reading

Vijay Singh’s Motion to Compel Disclosure in Deer Antler Spray Suit Granted in Part and Denied in Part

Posted in Arbitration, Bransten, Eileen, Breach of Fiduciary Duty, Conversion, Discovery, Motion to Compel Discovery, Motion to Dismiss, Negligence, New York, Sports

In a June 12, 2014 Commercial Division decision by Justice Bransten, the court granted in part and denied in part the plaintiff’s motion to compel disclosure of certain documents and materials, and responses to certain interrogatories. This case, which was previously written about on this blog in a March 25, 2014 post by Matthew D…. Continue Reading

Amended Pleading Clearly Distinguishing Direct from Derivative Claims Survives Motion to Dismiss

Posted in Bransten, Eileen, Breach of Contract, Breach of Fiduciary Duty, Conversion, CPLR 3211, Entertainment, Motion to Dismiss, New York, Unjust Enrichment

In a March 27, 2014, New York County Commercial Division decision by Justice Bransten, the court granted in part and denied in part defendant-majority member’s motion to dismiss plaintiff-minority member’s complaint asserting direct and derivative claims for replevin, conversion, breach of contract, breach of fiduciary duty, unjust enrichment, and an accounting.  Plaintiff brought suit after… Continue Reading

Subcontractor Not Entitled to Arbitration Under Prompt Payment Act

Posted in Arbitration, Bransten, Eileen, Construction, New York, Stay Arbitration

In an April 1, 2014 Commercial Division decision by Justice Bransten, the Court granted the petitioner general contractor’s motion to stay arbitration initiated by the respondent subcontractor under the New York Prompt Payment Act (“PPA”).  The subcontractor raised two arguments against staying arbitration, both of which the Court rejected.  The Court held: (1) the contractor… Continue Reading

Contractor Liable for Paying Subcontractor, Even if Owner Recalcitrant

Posted in Bransten, Eileen, Breach of Contract, Construction, New York, Summary Judgment

In a February 28, 2014 Commercial Division decision by Justice Bransten the court denied a summary judgment motion brought by a general contractor to dismiss a subcontractor’s claims and a separate summary judgment motion brought by the subcontractor against the surety bond company.  The court found that the contractor failed to demonstrate that it was… Continue Reading

Hotel Owner and Operator Allowed to Proceed with Claims Against Franchisor and Lender Parties

Posted in Bransten, Eileen, Breach of Contract, Good faith and fair dealing, Hospitality, New York

In a March 14, 2014 Commercial Division decision by Justice Bransten, the Court granted in part and denied in part Defendants’ motions to dismiss.  Plaintiff owned and operated a hotel near JFK International Airport as a DoubleTree franchise and refinanced a loan secured by the hotel, under which the franchisor provided assurances to Plaintiff and… Continue Reading

Business Judgment Rule and Lack of Damages Preclude Claim for Grossly Negligent Management of Hedge Fund

Posted in Bransten, Eileen, Financial services, Gross Negligence, Negligence, New York, Summary Judgment

In a November 12, 2013 Commercial Division decision by Justice Bransten, the court granted the defendants’ motion for summary judgment. The plaintiff alleged grossly negligent management of the defendant hedge fund in which the plaintiff had invested. The court held that summary judgment was warranted because: (1) the business judgment rule shielded the defendants’ management… Continue Reading

Lessons in Discovery—from Directions Not To Answer in Depositions to Document Production: Freidman v Fayenson

Posted in Bransten, Eileen, Depositions, Discovery, Malpractice, Motion to Compel Discovery, New York, Real estate

In a December 4, 2013 decision by Justice Bransten, the Commercial Division was faced with myriad discovery disputes, ranging from the refusal to produce an insurance policy to directions not to answer questions posed at a deposition.  In a 29-page decision, Justice Bransten carefully navigated and decided each of the discovery issues presented, giving clear… Continue Reading

Pro Golfer’s Quasi-Contract and Conversion Claims Survive PGA Tour’s Dismissal Motion as Court Finds Lack of Legal Recourse for Golfer under Terms of Tour’s Drug Policy

Posted in Arbitration, Bransten, Eileen, Breach of Fiduciary Duty, Conversion, CPLR 3211, Motion to Dismiss, Negligence, New York, Sports, Uncategorized

In a February 13, 2014, decision by Justice Bransten, the court granted in part and denied in part defendant PGA Tour’s (the “Tour’s”) motion to dismiss plaintiff Vijay Singh’s (“Singh’s”) action against the Tour for recklessly and inconsistently administering its anti-doping policy (the “Drug Policy”), subjecting Singh to ridicule and humiliation, and illegally holding Singh’s… Continue Reading