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 ambiguous, and therefore extrinsic
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 6
Subpoena of AOL Senior Executive Under the “Apex Rule” Disallowed Absent Special Knowledge
By Daniel Brown
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 him by political consultants Peter Daou and James…
Claims by Alleged Developers of the Huffington Post Permitted to Proceed
In Daou v. Huffington, No. 651997/2010 (N.Y. Sup. Ct., N.Y. Cnty. Feb. 14, 2013)—a case strikingly similar to the Facebook lawsuit popularized in The Social Network—the Supreme Court (J. Ramos) ruled that political consultants Peter Daou and James Boyce…
New York Court of Appeals Upholds Broad Choice of New York Law Provision in Contract Even in Absence of Contacts With New York
By John Stigi & Rena Andoh
In IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., No. 191, 2012 WL 6571286 (N.Y. Dec. 18, 2012), the Court of Appeals of the State of New York held that a broad choice of law provision in a contract precludes…
It Ain’t Over ‘Till the Fat Lady Sings – Party’s Contractual Obligations Continue In Agreement To Negotiate
By Sarah Aberg
In IDT Corp. v Tyco Group, S.A.R.L., 2012 NY Slip Op 09190 (1st Dept. Dec. 27, 2012) the Appellate Division held that if you sign a binding agreement that includes an obligation to negotiate, the…
Executive Order Suspending New York State Statutes of Limitations To Expire on December 25, 2012
Updating our blog post from November 7, 2012, Governor Andrew Cuomo issued Executive Order 81 on November 20, 2012. Executive Order 81 states that “[t]he suspension of provisions of law ordered by Executive Order Number 52 shall continue through December…
Commercial Division Denies Oral Modification and Grants Summary Judgment in Lieu of Complaint
By Rob Friedman and Tyler Baker
In HCG Mezzanine Dev. Fund, L.P. v. Jreck Holdings, LLC, Index No. 652797/2011 (N.Y. Sup., N.Y. Cnty. Oct. 26, 2012), the New York Supreme Court (Kornreich, J.) granted Plaintiff HCG Mezzanine Development Fund, L.P.’s…
Keep Sticking to the Four Corners – Extrinsic Evidence of Parties’ Prior Conduct Cannot Alter the Interpretation of an Unambiguous Contract
By Kevin Puvalowski and Brian Garrett
In BDCM Fund Advisor, L.L.C. v. Zenni, No. 602116/08 (N.Y. Sup. Ct. Nov. 15, 2012), Judge Eileen Bransten granted a motion for partial summary judgment for the defendants/counterclaim-plaintiffs, James J. Zenni (“Zenni”) and his…
Governor Cuomo Issues Executive Order Suspending Statutes of Limitations Due to Hurricane Sandy
On October 31, 2012, Governor Andrew Cuomo issued Executive Order 52, which effectively suspends the statute of limitations for any claim where the time to file such claim expired on October 26, 2012 or later, until further notice. The…
First Department Affirms Commercial Division Ruling That Facts Arising After Litigation Commences Cannot Save An Otherwise Deficient Claim
By Rena Andoh
In the case BDCM Fund Adviser, L.L.C. v Zenni, 2012 NY Slip Op 06384 (1st Dep’t Sept. 27, 2012), the First Department unanimously upheld a decision by Justice Eileen Bransten of the Commercial Division dismissing the…