COVID-19 continues to generate litigation in a variety of contexts in the Commercial Division. Only two weeks ago did our colleague Madeline Greenblatt author a blog about COVID-19 not excusing commercial rental obligations. Now, in what appears to be a case of first impression in New York at least, Justice Timothy S. Driscoll ruled in
Helpful Links to Virtual Courts for Commercial Division Litigators
Three months ago very few of us regularly communicated by virtual videoconferencing. Today, it’s fast become a daily routine, and in all likelihood will become a more permanent part of our practice. Who would have guessed that by May 2020, we would be comfortably conducting mediations, hearings, court conferences and even trials by Skype
Remote depositions in the wake of the coronavirus COVID-19 pandemic? Here’s how
The COVID-19 pandemic has had widespread impact on litigation, with some courts and most cases coming to a screeching halt. Some courts have responded with Orders or rules (Massachusetts Sup. Jud. Ct. Order OE-144 [March 20, 2020]; Wisconsin S. Ct. Order [March 25, 2020]; Florida S. Ct., No. AOSC20-16 [March 18, 2020]), while others have
No Home Court Advantage for US Tennis Association: Court Finds Violation of Restraining Notice
Looks like the United States Tennis Association (“USTA”) met its match, but this time not on its own court, but rather in another, the Appellate Division, Second Department. The court in Matter of Bravado Intl. Group Merchandising Servs., Inc. v United States Tennis Assn. Inc., recently affirmed the judgment of Westchester Commercial Division Justice
Another “Unsigned Agreement” Held Enforceable Where the Parties Intended to be Bound, Despite Not Signing
Not all agreements need to be in writing to be enforced. Indeed, unless there is an applicable Statute of Frauds, oral agreements are enforceable. But what if the parties to an agreement — a formal contract — don’t sign? Is it enforceable? Maybe.
We last wrote about a case enforcing an unsigned agreement in
Court Seals Commercial Lease Provisions in Landlord Tenant Dispute
Commercial leases are not all boilerplate. The nature and sophistication of the business or industry of the tenant can lead to lease terms, addenda, riders and exhibits that are complicated and in some cases contain what the parties believe to be sensitive or confidential information not for public consumption. When a dispute arises between the
Summer Day Camp Derivative Headed to Trial
“Sibling relationships are complicated. All family relationships are. Look at Hamlet.” Maurice Saatchi.
A recent decision in Greenhaus v. Gersh out of the Commercial Division, Suffolk County, is yet another example. This time, the business is a summer day camp located on the north shore of Long Island in Huntington, New York. Almost
Law firm’s “no poaching” agreement escapes judicial review, and heads to arbitration
Neil Sedaka was right. “Breaking up is hard to do.” It’s no easier for law firms. The saga over the departure of key partners from Quinn Emanuel continues, but this time in arbitration, not the courts.
Justice Saliann Scarpulla was faced with a motion by Quinn Emanuel Urquhart & Sullivan LLP to dismiss
How to Effectuate a Change in Venue in an E-filed Case: lesson to the bar
Ever wondered how to effectuate a transfer of venue following your successful motion to change venue in an e-filed case? Well wonder no more, as the Hon. Robert D. Kalish provides the bench and bar with a useful roadmap of what to do in American Transit A/S/O Sherman Ave. Eight Inc. v. Flour City Bagels
Are There Heightened Pleading Requirements When Alleging Consequential Damages Against an Insurer in a Coverage Dispute? “No”, Says the First Department
Are “consequential damages” available on contract claim against an insurer in an action brought by an insured for breach of a commercial liability policy? In D.K. Prop., Inc. v. National Union Fire Ins., a recent case out of the First Department, the answer is a resounding “yes”. There, the complaint alleged two causes of