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NY Commercial Division Blog Blog

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Judges Chan and Crane Are Assigned as New Commercial Division Judges

USA - March 1 2021 Hon. Margaret Anne Pui Yee Chan and Hon. Melissa A. Crane have been assigned to the Commercial Division of Supreme Court, New York County. Judge…

Stay Up to Date on Recent Changes to New York’s Commercial Division Rules - CLE Held on Division Rules Changes and Application of Commercial Rules to Other Court Parts

USA - February 17 2021 A CLE was recently presented by the Columbian Lawyers Association of the First Department on February 3, 2021 to offer guidance on the latest rule…

Commercial Division Finds Movie Theater Not Entitled to Business Interruption Coverage for COVID-19 Closures

USA - February 17 2021 Last summer, we wrote about two principles of New York law that could provide a path to insurance coverage for businesses hit hard by the economic…

Second Department Limits Plaintiff to Appraisal Remedy Under New York LLC Law After a Freeze-out Merger

USA - February 9 2021 In Farro v. Schochet, the Second Department recently held that §1002 of the NY LLC Law restricted a dissenting member’s remedy to an appraisal for…

Commercial Division Rules Expanded to General Civil Practice in New York Effective February 1, 2021

USA - February 2 2021 Administrative Order 270/2020—which adopts certain Commercial Division Rules into the Uniform Civil Rules for the Supreme Court in New York—went into…

Changes to Commercial Division’s Pre-Trial Submission Rule

USA - January 27 2021 Good news for lawyers preparing for trial in New York’s Commercial Division—you can finally delete that old copy of WordPerfect. An upcoming…

First Department Issues First Ruling Dismissing Securities Act Claims Following the U.S. Supreme Court’s Cyan Decision

USA - December 22 2020 As New York commercial practitioners will recall, the U.S. Supreme Court in Cyan, Inc. v. Beaver Cty. Emps. Ret. Fund held that state and federal…

Commercial Division Holds Personal Jurisdiction Is Not Proper Where Defendant’s Only Contact with New York Was Performance of Some Contracted Services at Plaintiff’s Request

USA - December 22 2020 In Black Diamond Aviation Group LLC v. Spirit Avionics, Ltd.,[1] the Commercial Division held that it would be inappropriate for a New York court to…

Court of Appeals Holds Bankruptcy Law Does Not Preempt Lender’s Tortious Interference Claims Against Third-Party Non-Debtors

USA - December 17 2020 In Sutton 58 Associates LLC v. Pilevsky, the New York Court of Appeals recently held in a 4-3 split decision that, under certain circumstances…

Commercial Division Denies Summary Judgment in a “Shotgun” Provision Matter

USA - December 1 2020 Recently, Justice Andrew Borrok of the Commercial Division denied a summary judgment motion in a dispute involving what is colloquially referred to…