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
Category Archives: Industry: retail
Subscribe to Industry: retail RSS FeedVillano 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, SuffolkIn 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 EnrichmentIn 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, ReleaseIn 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, TROIn 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, NassauIn 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 InjunctionIn 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 EnrichmentIn 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 JurisdictionIn 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