Header graphic for print

New York Commercial Division Case Compendium

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

Statute of Limitations Not a Bar Where Constructive Trust Claim Based on 2012 Alleged Breach of Promise, Not Mid-90’s Acquisition of Subject Properties

Posted in 2d Dept, Motion to Dismiss

In a decision dated July 15, 2015, the Appellate Division, Second department reversed an order of Queens County Commercial Division Justice Hon. Orin R. Kitzes that granted the defendants’ motion to dismiss the plaintiff’s claim for the imposition of a constructive trust based on the statute of limitations. Continue Reading

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 judgment debtors. Continue Reading

Real Estate Consultant Not a Procuring Cause of Joint-Venture’s Purchase of Assisted-Living Facility Sufficient to Entitle it to Commission or Finder’s Fee

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated December 2, 2015, the Appellate Division, Second Department affirmed an order from the Nassau County Commercial Division granting defendant-real estate developer’s motion for summary judgment dismissing plaintiff-real estate consultant’s breach-of-contract and quasi-contract action for recovery of a broker’s commission in connection with defendant’s purchase of certain assisted-living facilities. Continue Reading

Court Denies Plaintiff Summary Judgment, Where Clause in Agreement Constituted Waiver of Right to Oppose Developer’s Application for Permits to Build Condominium Units

Posted in 2d Dept, Breach of Contract, Construction, Municipal, Summary Judgment

In an October 28, 2015 decision by the Appellate Division, Second Department, the panel affirmed Justice Elizabeth Emerson’s order denying the plaintiff’s motion for summary judgment on most of its claims, and granting some branches of the defendants’ cross motion for summary judgment dismissing some of the plaintiff’s claims. Continue Reading

Second Department Reinstates Defendant’s Answer Stricken by Commercial Division for Failing to Appear at Compliance Conference Where Defendant Demonstrated No Actual Notice of Adjournment

Posted in 2d Dept, Uncategorized

In a decision dated July 8, 2015, the Appellate Division, Second department reversed an order of Queens County Commercial Division Justice Hon. Marguerite A. Grays that denied the defendant’s motion to vacate the court’s prior order, dated January 21, 2010, striking the defendant’s answer based on its failure to appear at a compliance conference. Continue Reading

Plaintiff Tripped and Fell, But Could Not Land Her Case in a New York State Court

Posted in 1st Dept, Hospitality, Motion to Dismiss, Negligence, Personal Jurisdiction

In a decision dated November 19, 2015, the Appellate Division, First Department affirmed an order from the New York County Supreme Court, which granted the defendant’s motion to dismiss pursuant to CPLR 3211(a)(8) for lack of personal jurisdiction. Continue Reading

Adversity Not Dispositive in Applying Fiduciary Exception to Attorney-Client Privilege and Must Be Determined Upon In Camera Review

Posted in 1st Dept, Breach of Fiduciary Duty, Discovery, Limited Liability Companies, Shareholder Dispute

In a decision dated October 8, 2015, the Appellate Division, First Department reversed an order from the New York County Commercial Division, which granted a motion by a 70% majority investor in a real-estate development company (plaintiff-respondent) to compel the production of certain purportedly-privileged documents in connection with the development of “the world’s largest showroom facility” in Las Vegas, Nevada.  Continue Reading

Time to Re-think ‘Worthless’ Settlements in Derivative Suits – Court Rejects Proposed Settlement Where Lawyers Receive $375,000 in Fees But Plaintiffs Get Next to Nothing

Posted in Attorneys' Fees, Breach of Fiduciary Duty, Class Action, Healthcare, Insurance, Legal, New York, Ramos, Charles E., Shareholder Dispute

In an October 23, 2015 Commercial Division decision by Justice Ramos, the court denied a proposed settlement in a consolidated class action.  Continue Reading