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NY Commercial Division Blog Blog

Articles: 1-10 of 190

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

USA - May 16 2022 A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for…

The First Department Enforces Settlement Agreement, Despite Claims of Economic Duress

USA - May 13 2022 The First Department’s recent decision in Zhang Chang v. Phillips Auctioneers LLC seems to have ended the long, turbulent dispute over Gerhard…

Commercial Division Holds Oral Modification to Written Agreement Unenforceable Under New York’s Statute of Frauds

USA - May 12 2022 A recent ruling in the Suffolk County Commercial Division highlights the risk a party faces when agreeing to, and later attempting to, enforce an…

Court Strikes Defendant’s Jury Demand Where Defendant Asserted Equitable Defense of Rescission

USA - April 8 2022 In Real Estate Webmasters Inc. v. Rodeo Realty, Inc., Justice Richard Platkin of the Albany County Commercial Division granted plaintiff’s motion to…

Court Considers Emails and Letters as “Documentary Evidence” in Dismissing Legal Malpractice Complaint Pursuant to CPLR 3211(a)(1) and (a)(7)

USA - March 30 2022 Citing “substantial documentary evidence” consisting of emails and letters, Justice Borrok of Manhattan’s Commercial Division concluded that a legal…

New York State Unified Court System Adopts New Rules and Guidelines For E-Discovery

USA - March 25 2022 On April 11, 2022, the New York State Unified Court System will adopt additional rules and guidelines for Electronically Stored Information (“ESI”)…

Commercial Division Reiterates Broad Scope of ERISA Preemption and Difficulty of Pleading Breach of Fiduciary Duty and Conversion Claims Alongside Breach of Contract Claims

USA - March 16 2022 The Commercial Division’s decision in Rockmore v. Plastic Surgery Associates, LLP demonstrates the broad scope of ERISA preemption and the…

Chief Judge DiFiore Proposes “Long Overdue” Overhaul of New York’s Trial Court Structure

USA - March 14 2022 New York’s maze-like trial court system includes 11 separate trial courts, the most in the country. As New York practitioners are well aware, a…

Commercial Division Bench Trial Demonstrates Importance of Witness Preparation

USA - March 9 2022 Justice Borrok of Manhattan’s Commercial Division presided over a bench trial between a contractor and a sub-contractor concerning payments connected…

Commercial Division Finds Work Performed by Subcontractor in New York Insufficient To Establish Personal Jurisdiction Over Prime Contractor Outside of New York

USA - February 23 2022 In December 2020, the Suffolk County Supreme Court decided a novel question of personal jurisdiction law in Black Diamond Aviation Group LLC v…