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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: Arbitration

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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 Issued Order of Attachment Where Movant Identified Necessity for Such Relief

Posted in Arbitration, DeStefano, Vito M., Nassau

In a November 17, 2015 Commercial Division decision by Justice DeStefano, the court issued an order of attachment. In this action to recognize a money judgment of the High Court of the Republic of Singapore, the plaintiff moved for an order pursuant to CPLR § 6201 attaching the New York assets of the defendant Singapore… Continue Reading

Note to Guarantor Defending against an Alleged Failure to Pay upon Default: Don’t Question the Authenticity of Your Signature and Also Admit You Signed the Guaranty in the Same Affirmation in Opposition

Posted in Arbitration, Attorneys' Fees, Breach of Contract, Demarest, Carolyn E., Discovery, Guaranty, Kings, Limited Liability Companies, Summary Judgment

In an April 15, 2015, Commercial Division decision by Justice Demarest, the court granted plaintiff-lender’s motion for summary judgment based on defendant-guarantor’s failure to repay a loan upon the borrower’s default under a related promissory note.

A Fair Exchange: Court Compelled Arbitration Where Option of Arbitration Was Exchanged for Employment

Posted in Arbitration, Class Action, Scheinkman, Alan D., Westchester

In a September 29, 2014, Commercial Division decision by Justice Scheinkman, the court granted defendant Command Security Corporation’s (“Defendant”) motion to stay the proceeding and compel arbitration. This putative class action was initiated by plaintiff Richard Graham on behalf of himself and all other security guards similarly situated (“Plaintiff”) based on claims that Defendant violated… Continue Reading

Motion to Dismiss for Failure to Join Necessary Party Denied, Defendant Failed to Establish Non-Party Beyond the Court’s Jurisdiction

Posted in Arbitration, Insurance, Motion to Dismiss, Suffolk, Whelan, Thomas

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

Major League Soccer’s Insurance Coverage Claim Survives Insurer’s Motion to Dismiss

Posted in Arbitration, Breach of Contract, CPLR 3211, Estoppel, Insurance, Insurance Coverage, Motion to Dismiss, New York, Sherwood, O. Peter, Summary Judgment, Unjust Enrichment

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

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

Subcontractor’s Motion for Summary Judgment Denied Due to Differing Interpretations of Preconditions for Payment Provisions

Posted in Arbitration, Construction, CPLR 3211, Documentary Evidence, Emerson, Elizabeth, Motion to Dismiss, Suffolk, Summary Judgment

In a September 18, 2014 Commercial Division decision by Justice Emerson, the court denied the plaintiff’s motion for summary judgment and also denied the defendant’s cross motion to dismiss the complaint.  The plaintiff-subcontractor brought this action to recover the final payment allegedly due it by the defendant-general contractor, in connection with renovation work to a… Continue Reading

Failure to File Undertaking with Kings County Clerk Precludes Automatic Stay Pursuant to CPLR 5519(a)(2)

Posted in Arbitration, Construction, Demarest, Carolyn E., Kings, Order to Show Cause

In a September 5, 2014 Commercial Division decision by Justice Demarest, the court denied the respondent’s order to show cause seeking an order, pursuant to CPLR 5519, recognizing a purported automatic stay of the enforcement of a judgment. This action arose from the construction of a Best Buy store, for which the respondent (“DCM”) served… Continue Reading

Court Denies Motion to Dismiss, But Stays Action In Favor of Arbitration

Posted in Arbitration, CPLR 3211, CPLR 7503, Demarest, Carolyn E., Entertainment, Kings, Motion to Dismiss, Shareholder Dispute

In an August 6, 2014 Commercial Division decision by Justice Demarest the court denied a motion to dismiss, but stayed the action in favor of arbitration.  The suit was brought by two shareholders/officers/directors against another shareholder/officer/director, under BCL 706(d), 716(c) and 720.  The defendant sought dismissal arguing that the plaintiffs failed to plead demand futility. … Continue Reading

Arbitrator’s Award Confirmed Over Objections of Sellers of Recycling Operation

Posted in Arbitration, Arbitration Award, New York

In a January 2, 2013 Commercial Division decision by Justice Bransten, the court granted Defendant Greenstar’s motion to confirm an arbitration award and denied its motion for sanctions.  The case arose from an asset purchase agreement in which Greenstar agreed to purchase a corporation, and which “stressed the importance of a license and supply agreement.” … 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 Vacates Arbitrator’s Award to Full-Time Employees of Erie Community College arising from Leap Year-related Pay Dispute

Posted in Arbitration Award, CPLR 7511, Erie, Schools, Walker, Timothy J.

In a June 6, 2014 Commercial Division decision by Justice Walker, the court granted the petitioners’ motion pursuant to CPLR § 7511 to vacate an arbitration award. The arbitration, which was mandated by the collective bargaining agreement (“CBA”) between the parties, arose from the respondent Federation’s assertion of grievances against the Erie Community College (“ECC”)… 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

Arbitration Provision in Operating Agreement Does Not Apply to Dispute Over Violation of Separate Settlement Agreement

Posted in Arbitration, Demarest, Carolyn E., Limited Liability Companies, New York, Real estate

In a June 12, 2014 Commercial Division decision by Justice Demarest the court denied a motion to stay an action in favor of arbitration.  The parties jointly owned real property, through limited liability companies.  The current litigation is the second between the parties.  The prior action ended with a Settlement Agreement which required the sale… Continue Reading

Petition to Permanently Stay FINRA Arbitration With Merrill Lynch Dismissed, Since Disputes Clearly Arose Out of Agreement With Mandatory Arbitration Clause

Posted in Arbitration, DeStefano, Vito M., Financial services, Nassau, Stay Arbitration

In a May 21, 2014 decision by Justice DeStefano, the Commercial Division dismissed a petition brought pursuant to CPLR 7503(b) which sought to permanently stay a third-party FINRA arbitration commenced by respondent Merrill Lynch.  The Court concluded that  petitioner failed to establish any right to relief under CPLR 7503(c), since there was no dispute that… 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