Subpoena of AOL Senior Executive Under the “Apex Rule” Disallowed Absent...
In Daou v. Huffington, No. 651997/2010 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 14, 2013), the Supreme Court (J. Ramos) granted nonparty Timothy Armstrong’s (“Armstrong”) motion to quash a subpoena served on...
View ArticleCourt of Appeals Finds The Phrase “Other Good And Valuable Consideration” In...
In Schron v. Troutman Saunders LLP, 2013 NY Slip Op 00952 (N.Y. Feb 24, 2013), the New York Court of Appeals held that the phrase “other good and valuable consideration” within a contract was not...
View ArticleFirst Department Upholds Commercial Division Decision Striking Parties’...
In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial...
View ArticleTransfer $8 Million Out Of Accounts In New York? That Action Alone Is Not...
In Henkel v. Masiero, Index No. 650425/2012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the “Opinion”), the Supreme Court (J. Bransten) granted the defendants’ motion to dismiss for lack of personal...
View ArticleAll Residential Mortgage Backed Securities Cases To Be Assigned To Justice...
As reported yesterday in the New York Law Journal, Justice Marcy Friedman of the Commercial Division in Manhattan will now be assigned any new case filed in New York Supreme Court that alleges fraud or...
View ArticleUnrealized Gains: Integrated Employment Agreement Bars Employee’s Recovery of...
In Volpe v. Interpublic Group of Companies, Inc., No. 652308/2012, Judge Eileen Bransten granted defendant The Interpublic Group of Companies, Inc.’s (“IPG”) motion to dismiss plaintiff Ray Volpe’s...
View ArticleAdditional Price of a Judicial Reaction: Waiver of One’s Contractual Right to...
In Volpe v. Interpublic Group of Companies, Inc., No. 652308/2012, Judge Eileen Bransten denied plaintiff Ray Volpe’s (“Volpe”) motion to compel arbitration and granted defendant The Interpublic Group...
View ArticleFirst Department Sustains Connecticut Unfair Trade Practices Act and Other...
In Aetna Life Insurance Company v. Appalachian Asset Management Corp, et al., 2013 Slip Op 05506 (1st Dep’t July 30, 2013) the Appellate Division affirmed the April 13, 2012 decision of the New York...
View Article“So You’re Saying There’s A Chance…”: Yellowstone Injunctions Alive and Well...
In Burlington Coat Factory of N.Y., LLC v. Majestic Rayon Corp., No. 652511/2012, the Supreme Court (J. Kornreich) granted plaintiff Burlington Coat Factory’s (“Burlington”) motion for an injunction to...
View ArticleFirst Department Refuses to Expand Jurisdiction over Foreign Entities
In Khalife v. Audi Saradar Private Bank SAL, 2013 NY Slip Op 05971 (1st Dep’t Sept. 24, 2013), the First Department declined to broaden CPLR § 303, holding that the statute does not authorize personal...
View ArticleMandatory Mediation for Every Fifth Case in New York County’s Commercial...
The Commercial Division Advisory Council has proposed that the court adopt a pilot program for New York County’s Commercial Division that would send every fifth newly assigned case to mediation unless...
View ArticleJustice Saliann Scarpulla Appointed to New York County Commercial Division
Effective Monday, February 3rd, Justice Saliann Scarpulla of the New York Supreme Court was appointed to the New York County Commercial Division. Justice Scarpulla succeeds Justice Barbara Kapnick,...
View ArticleMonetary Threshold For Commencing Cases In Manhattan’s Commercial Division...
New York court officials have approved an amendment to Section 202.70(a) of the Commercial Division Rules, which will increase in the minimum monetary threshold of $150,000 to $500,000 for the...
View ArticleThe Commercial Division Reviews Arbitrations: Three Recent Decisions Clarify...
Several recent decisions by Commercial Division Justices, two of them affirmed by the First Department, have clarified the limitations and standards applied in actions brought pursuant to Article 75 of...
View ArticleCommercial Division Justices Oing and Scarpulla Participate In New Pilot Program
The New York Supreme Court, Commercial Division, has announced that two of its judges, Justices Oing and Scarpulla, will participate in a new program strongly encouraging use of hyperlinks in...
View Article“Get Outta Here!”: The Court Of Appeals Finds that New York Judges May Sua...
In Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Bros. Co., 2014 N.Y. Slip Op. 02381, the New York Court of Appeals ruled that a court may sua sponte decide the issue of forum non conveniens so long...
View ArticleCommingling and Personal Piggy Bank Leads to Summary Judgment on Veil...
In Webmediabrands, Inc. v. Latinvision, Inc., No. 601048/2010, the Supreme Court (J. Friedman) pierced the corporate veil at the summary judgment stage. Under New York law, the factors used to...
View ArticleNew Commercial Division Rule Seeks to Streamline Privilege Log Requirements...
Effective September 2, 2014, the New York Supreme Court implemented a major change to the Commercial Division rules governing privilege logs submitted during the course of litigation. (See New York...
View ArticleKeeping Up With The Commercial Division(s)
The past year has been a busy time for anyone keeping up with the Rules for the Commercial Division of the New York State Court System. The Commercial Division Advisory Council, led by Justice Eileen...
View ArticleJustice Anil C. Singh Appointed to New York County Commercial Division
On Tuesday, April 7, 2015, Justice Anil C. Singh of the New York Supreme Court was appointed to the New York County Commercial Division. Justice Singh succeeds Justice Melvin Schweitzer, who retired...
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