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

Category Archives: Scarpulla, Saliann

Subscribe to Scarpulla, Saliann RSS Feed

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.

Court Adopts “Time on the Risk” Allocation Formula in Insurance Coverage Dispute related to Environmental Clean-up of Former Manufactured Gas Plants in Hempstead and Rockaway Park

Posted in Estoppel, Indemnification, Insurance, Insurance Coverage, New York, Scarpulla, Saliann, Summary Judgment

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

Debtor Discharged in UK Bankruptcy Proceeding Entitled to Dismissal of Creditor Bank’s Breach of Contract Action, Under Principles of Comity

Posted in Banking, Breach of Contract, New York, Scarpulla, Saliann, Summary Judgment, Unjust Enrichment

In a June 26, 2014 Commercial Division decision by Justice Scarpulla, the court granted Defendant Kemsley’s motion for summary judgment dismissing the complaint on the basis of a bankruptcy discharge granted in his favor in the United Kingdom, and denied Plaintiff Barclays’ motion for summary judgment on its breach of contract claim. Plaintiff Barclays is… Continue Reading

Commercial Division Upholds Claim for Damages that Paperless Tickets Offered for Performance of “The Temper Trap” at Bowery Ballroom May Violate Arts and Cultural Affairs Law

Posted in Arbitration, Class Action, Entertainment, Motion to Amend, Motion to Dismiss, New York, Scarpulla, Saliann, Stay Arbitration

In a June 30, 2014 decision by Justice Scarpulla, the Commercial Division granted in part a defendant’s motion to dismiss, and denied the motion to stay the action pending arbitration.  The putative class action arose out of the purchase of a ticket, through Ticketmaster, to attend The Temper Trap at the Bowery Ballroom in March… Continue Reading

Court Rules Wu-Tang Clan Member’s Summary Judgment Motion is Premature: Coles v Wu-Tang Prod., Inc.

Posted in Entertainment, New York, Scarpulla, Saliann, Summary Judgment

In a June 20, 2011 decision in a case originating in the commercial division (Lowe, J.) and on remand from the First Department, Justice Saliann Scarpulla denied the motion for summary judgment by Dennis Coles, a/k/a “Ghostface Killah”, a member of the Wu-Tang Clan, which sought unpaid royalties and unpaid damages stemming from an earlier… Continue Reading