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, who was appointed to the Appellate Division, First Department, by Governor Andrew
New York Commercial Division Round-Up Blog
News & Updates on Cases Decided in the Commercial Division of the New York State Supreme Court
The New York Commercial Division Round-Up Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on developments and procedural updates within New York's Commercial Division. It covers topics such as amendments to civil procedure rules, initial disclosure requirements, insurance coverage disputes, contract litigation strategies, and jurisdictional issues relevant to commercial litigation in New York. The blog analyzes court decisions, legislative changes, and practical implications for litigators handling complex commercial cases in the state's specialized court division.
Latest from New York Commercial Division Round-Up Blog - Page 5
Mandatory Mediation for Every Fifth Case in New York County’s Commercial Division?
By Mark McGrath
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 the parties stipulate otherwise or one party makes a…
First 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 jurisdiction over a foreign…
“So You’re Saying There’s A Chance…”: Yellowstone Injunctions Alive and Well in the Commercial Division
By Rena Andoh
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 stay and toll the expiration of a thirty-day default cure…
First Department Sustains Connecticut Unfair Trade Practices Act and Other Claims Against Subsidiaries and Officers of Lehman Brothers Based Upon An Allegedly Improper Asset Substitution on the Eve of the Lehman Brothers Collapse
Additional Price of a Judicial Reaction: Waiver of One’s Contractual Right to Arbitration
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 of Companies, Inc.’s (“IPG”) cross-motion to stay arbitration. Citing New York…
Unrealized Gains: Integrated Employment Agreement Bars Employee’s Recovery of Additional Compensation
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 (“Volpe”) complaint, finding that Volpe’s employment agreement with IPG barred him…
All Residential Mortgage Backed Securities Cases To Be Assigned To Justice Friedman of the Commercial Division
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 misrepresentation arising out of…
Transfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction
By Mark McGrath
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 jurisdiction on the grounds that…
First Department Upholds Commercial Division Decision Striking Parties’ Answer And Entering Default Judgment As A Sanction For Discovery Violations
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 Division (Bernard J. Fried, J.) to…