Although we generally report on recent Commercial Division decisions, and sometimes commercial cases coming out of the Appellate Divisions, this time we go all the way to the top: the Court of Appeals. Not often do we see commercial cases with a procedural twist coming out of our High Court (of NY). However, last week,
Second Department Allows Untimely Claims to Relate Back to Action Brought By Wrong Plaintiff
Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied? Not if the two plaintiffs are the same person switching from their individual to representative capacity, held the Second
Another Reminder That Unsigned Agreements Can Be Binding
In commercial litigation, it is not at all unusual for courts to be called upon to determine whether an unsigned agreement is binding. The federal courts have a long line of cases dealing with this very issue, and perhaps the seminal one in this area is the Second Circuit’s decision in Winston v Mediafare Enter.
Blue Man Group Member’s Fiduciary Duty Claim Drummed Out of Court
Ian Pai was an early participant in the 
Blue Man Group (“BMG”). Between 1989 and 1991, he met and began collaborating with the founders of BMG, namely, Chris Wink, Phillip Stanton and Matt Goldman. Pai claims to have made significant contributions to BMG’s creative and musical aspects over the decades-long relationship he had with the