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.
In a May 29, 2015 Commercial Division decision by Justice Scarpulla, the court granted the defendants’ motions to dismiss this shareholder derivative suit.
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 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
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
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