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NY Commercial Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Industry: retail

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Retail Tenant Entitled to Yellowstone Injunction by Showing a “Willingness to Do Whatever is Necessary” to Cure Default

Posted in Industry: retail, Justice Kornreich, Shirley Werner, New York, Yellowstone Injunctions

In a June 19, 2013 Commercial Division decision by Justice Kornreich, the Court granted the motion of Plaintiff tenant (“Burlington”) for a Yellowstone injunction tolling the expiration of a 30-day cure period in a lease agreement with Defendant landlord (“Majestic”).  Burlington was a tenant in a building designated as an historic landmark.  It installed a… Continue Reading

No Injunction Against Employee’s Working for Competitor Because Restrictive Covenant Unenforceable: OTG Management, LLC v Konstantinidis

Posted in Breach of Contract, Industry: retail, Justice Kornreich, Shirley Werner, New York, Preliminary Injunction, Tortious Interference With Contract

In a June 7, 2013 decision by Justice Kornreich, the court partially granted a temporary restraining order, requiring a former employee not to solicit his former co-workers, but declined to stop him from working for a competitor.  The employee worked as an operations manager for a food and beverage service operator at LaGuardia and JFK… Continue Reading

Derivative Claims Not Necessary as Court Permits Individual Claims by Shareholder Against Fellow Shareholder: Meseonznik v Govorenkov

Posted in Discovery, Industry: retail, Justice Demarest, Carolyn E., Kings, Motion to Compel Discovery, Sanctions, Summary Judgment

In a September 10, 2012 decision by Justice Demarest in an action brought by a 50% shareholder alleging the fraudulent dissolution of two corporations, the court denied the defendants’ motion for sanctions against the plaintiff for bringing a motion to compel discovery. The motion was based on the defendants’ claims that the plaintiff waited more… Continue Reading

Villano v Villano, Sup Ct Suffolk County, July 6, 2012, Pines, J, index No. 29422-11

Posted in Derivative Actions, Industry: retail, Justice Pines, Emily, Preliminary Injunction, Suffolk

In a July 6, 2012 decision by Justice Pines, the court granted the plaintiff’s motion for a preliminary injunction and enjoined the defendants, husband and wife and majority shareholders of the corporation in which the plaintiff was the minority shareholder, from conducting any business outside of the corporation’s ordinary course, commingling the corporation’s funds with… Continue Reading

Business Tort Case Is Not a RICO Conspiracy: Worldcare Intl. Inc. v. Kay et al.

Posted in Breach of Contract, Breach of Fiduciary Duty, Industry: retail, Justice Pines, Emily, Misappropriation of Trade Secrets, Prima Facie Tort, RICO, Suffolk, Tortious Interference with Business Relations, Unjust Enrichment

In a June 27, 2012 decision by Justice Pines, the court partially granted defendants’ motion to dismiss a litany of claims, including claims of a RICO conspiracy.  This action arose from plaintiff’s former employees starting their own competing business.  Plaintiff alleged that, prior to leaving its employ, the defendants committed a number of tortious acts… Continue Reading

Preliminary Injunction Granted, Contracts Voided based on Fraudulent Inducement and Public Policy: Ceppos v Szlendak

Posted in Fraud In The Inducement, Industry: retail, Justice Bucaria, Stephen A., Motion to Dismiss, Nassau, Order to Show Cause, Preliminary Injunction, Public Policy, Release

In a January 12, 2012 decision by Justice Bucaria, the court granted the plaintiffs’ (“Ceppos’”) motion for a preliminary injunction restraining the defendants (“Szlednaks”) from enforcing three agreements; denied Ceppos’ motion for a preliminary injunction restraining the Szlendaks from using any of Ceppos’ confidential business information; and denied the Szlendak’s cross-motion to dismiss the complaint…. Continue Reading

Defendant’s Technical Violation of a TRO Did Not Rise to the Level of Willfulness to Constitute Contempt

Posted in Contempt, Industry: retail, Limited Liability Companies, Preliminary Injunction, Restraining Notices, Suffolk, TRO

In a November 21, 2011 decision by Justice Whelan, the court denied the plaintiff’s motion to hold the defendant in civil and criminal contempt for violating a temporary restraining order which enjoined the defendant from destroying the books and records of the auto dealership of which the parties were both members. The plaintiff’s motion centered… Continue Reading

Court Holds Class Action Challenging Bank’s Practices Regarding Gift Card Fees Was Not Preempted by Federal Law: Sheinkin v Simon Prop. Group, Inc.

Posted in Banking Act, Class Action, Federal Preemption, Industry: retail, Justice Warshawsky, Ira B., Motion to Dismiss, Nassau

In a June 28, 2011 decision by Justice Warshawsky, the court denied the defendants’ motion to dismiss a class action which alleged that the defendants engaged in deception and wrongful business practices when it charged monthly “dormancy fees” and an “account closure fee” for purchased gift cards. The defendants specifically asserted that the causes of… Continue Reading

Out of State Depositions Not Necessary for Prosecution of Derivative Action Not Permitted and Complaint Dismissed: Lubel v Shiloach

Posted in CPLR 3108, Depositions, Derivative Actions, Industry: retail, Justice Bucaria, Stephen A., Motion to Dismiss, Nassau, Preliminary Injunction

In a March 2, 2011 decision by Justice Bucaria, the court denied the plaintiff’s motion pursuant to CPLR § 3108 to conduct an out of state deposition of a Maryland limited liability company which, the plaintiff alleged, had entered into an agreement with the defendants to compete against the company which the plaintiff and defendants… Continue Reading

Court Refuses to Pierce Corporate Veil and Disposes of Various Business Torts and Quasi-Contract Claims as Duplicative of Claim for Breach of Contract: J.E.K.A., Inc. v Maggie & Faith Flowers, Inc.

Posted in Actual Confusion, Breach of Contract, Business tort, Duplicative Causes of Action, General Business Law 360, Implied Covenant of Good Faith and Fair Dealing, Industry: retail, Justice Emerson, Elizabeth, Legal Malpractice, Piercing Corporate Veil, Restrictive Covenant, Suffolk, Summary Judgment, Tortious Interference with Business Relations, Trade Secrets, Trademark Dilution, Trademark Infringement, Unfair Competition, Unjust Enrichment

In a November 16, 2010, decision by Justice Emerson in connection with an action by plaintiff-buyer against defendant-sellers relative to the sale of a flower shop alleging breach of contract and various business torts, and on the parties cross-motions for summary judgment, the court 1) granted defendants’ motion dismissing the claim for breach of contract… Continue Reading

Complaint Dismissed For Lack of Personal Jurisdiction and Failure to Adequately Plead Claims: MediaXposure Ltd. (Cayman) v Omnireliant Holdings, Inc.

Posted in Aiding and Abetting, Breach of Fiduciary Duty, CPLR 3211, Industry: retail, Justice Fried, Bernard J., New York, Personal Jurisdiction

In an October 25, 2010 decision by Justice Fried the Court granted dismissal of claims against defendants for lack of personal jurisdiction and failure adequately plead causes of action for adding and abetting a breach of fiduciary duty and unjust enrichment. The litigation stemmed from the alleged looting of a dissolved British company in the infomercial… Continue Reading