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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: Oing, Jeffrey K.

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Law Firm’s Failure to File Notice of Appeal in Coverage Action Not Malpractice Where Insured’s Underlying Losses Were Not Covered under Policy

Posted in Declaratory Judgment, Healthcare, Insurance, Legal, Malpractice, Oing, Jeffrey K., Unjust Enrichment

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.

JC Penney Tortiously Interfered with Martha Stewart’s Exclusive Contract With Macy’s

Posted in New York, Oing, Jeffrey K., Retail, Tortious Interference with Business Relations

In a June 16, 2014 Commercial Division decision by Justice Oing, the court found, post-trial, that JC Penney (“JCP”) caused Martha Stewart Living Omnimedia (“MS”) to breach its contract with Macy’s to provide certain housewares and other items for retail sale exclusively to Macy’s, and therefore tortiously interfered with that contract. In April 2006, Macy’s… Continue Reading

Discovery Must Be Produced In Electronic Form With Metadata

Posted in CPLR 3124, Discovery, New York, Oing, Jeffrey K., Pharmaceutical

In a January 24, 2014 decision by Justice Oing, the Court granted a motion under CPLR 3124 and required a party to produce its discovery in a text-searchable format for review in Concordance (a document review platform) with associated metadata.  The Court found persuasive the fact that the requesting party’s discovery demands sought production in… Continue Reading

Jury Question Whether Plaintiff’s Failure to Seek Payment on Note is Subject to Equitable Estoppel: Cadlerock v Renner

Posted in Banking, Estoppel, Fraudulent Inducement, New York, Oing, Jeffrey K., Summary Judgment

In an August 13, 2012 decision by Justice Oing, the court denied dueling motions for summary judgment.  The litigation arose from a loan first made in 1988 to the defendant.  The original loan required payment of interest only at 6% per annum, with a full payment of the balance by November 22, 1993.  If the… Continue Reading

Unsworn Redacted “Witness” Statement Insufficient to Support Summary Judgment: Castlepoint Insurance Co. v. Santana

Posted in Declaratory Judgment, Fraudulent Inducement, Insurance, Insurance Coverage, New York, Oing, Jeffrey K., Summary Judgment

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

Motion to Reargue Denied, Defendants Fail to Show Steps Taken Prior to Closing To Remedy Alleged Title Defect: Latipac Corp. v. Birchard and Haddock

Posted in New York, Oing, Jeffrey K., Real estate, Summary Judgment

In a January 31, 2012 decision by Justice Oing, the court denied a motion to reargue the denial of defendants’ summary judgment motion. Plaintiff was supposed to purchase a $3 million property from defendants but failed to do so, arguing that two commercial units in the property had been illegally combined in contravention to the property’s… Continue Reading

Motions for Summary Judgment Denied: Quoizel, Inc. v Hartford Fire Ins. Co.

Posted in CPLR 3212, Insurance, Insurance Coverage, Manufacturing, New York, Oing, Jeffrey K., Summary Judgment, Valuation

In a November 14, 2011 decision by Justice Oing, the court denied both the plaintiff’s and the defendant’s motions for summary judgment. Quoizel, in the business of manufacturing lighting and home décor accessories, brought suit against Hartford, its commercial liability insurance provider, after a sprinkler system leak damaged its South Carolina warehouse and inventory therein…. Continue Reading

Insurer Fails to Demonstrate Material Misrepresentation, Cannot Void Insurance Policy: BW Sportswear, Inc. v. Those Certain Underwriters at Lloyd’s of London, Subscribing to Certificate Number 34665

Posted in Declaratory Judgment, Insurance, Insurance Coverage, Misrepresentation, New York, Oing, Jeffrey K., Summary Judgment

In an August 8, 2011 decision by Justice Oing the court denied an insurer’s motion for summary judgment for a declaration that an insurance policy was void and rescinded ab initio. The litigation stemmed from an insurance claim for water damage to a clothing store. The insurer performed an investigation after the claim was submitted. Based on the… Continue Reading

Contracts Do Not Contain Condition Precedent to Accelerating Loan: Prompt Mortgage Providers of North America LLC v. Direct Realty, L.L.C. et al.

Posted in CPLR 3211, Financial services, New York, Oing, Jeffrey K., Summary Judgment

 In an August 8, 2011 decision by Justice Oing the court granted plaintiffs partial summary judgment on a motion for a judgment of foreclosure. The plaintiffs served a default notice and brought suit seeking the entire principal due under a note at the default rate of 24% per annum. The defendants moved to dismiss arguing that plaintiffs… Continue Reading

Court Drops Affirmative Defenses In Mechanics Lien Action for Construction of Stairs: Model Iron Works, Inc. v. Tiago Holdings, LLC

Posted in Breach of Contract, Construction, CPLR 3211, Estoppel, Motion to Dismiss, New York, Oing, Jeffrey K., Statute of Limitations

In a May 2, 2011 decision by Justice Oing the Court dismissed a number of the “standard” affirmative defenses pled in a mechanic’s lien/breach of contract action. The defendants’ affirmative defense that “complaint fails to state a cause of action” was allowed to survive as “mere surplusage.” The defendants’ affirmative defense that “the plaintiff was paid… Continue Reading

Commercial Landlord Has No Duty to Mitigate Damages: 231-239 W. 39th St. Assoc. v. Ulu Inc. and Ulu

Posted in Good faith and fair dealing, New York, Oing, Jeffrey K., Personal Jurisdiction, Real estate, Summary Judgment, Unjust Enrichment

In a March 4, 2011 decision by Justice Oing the Court granted a commercial landlord summary judgment on its claim for rent against the guarantor of a lease. The tenant vacated the premises owing rent. The landlord re-let the premises (even though it did not have an obligation to do so) and sought from the principal/guarantor the… Continue Reading