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
Commercial Division Rules in Favor of … “The Junior Associate”
As a junior associate you’re typically asked to do research and draft motion papers, but you also yearn for the opportunity to argue your motion before the Court. But junior associates are usually not afforded such opportunities. Or are they? In recent years, New York judges have been making a real commitment to the development
CAN A NON-SIGNATORY BE COMPELLED TO ARBITRATE CLAIMS?
Your client who was just subpoenaed to provide documents in an arbitration, advises you, but with confidence says “But we did not agree to arbitrate, so I can ignore this, right?” After some discussion, your client agrees it’s in her best interest to comply with the subpoena, but only after you promise she
Insurers Must Defend Claims Brought By Hulk Hogan: Intentional Tort Deemed “Accidental” Occurrence
To welcome the New Year, we venture outside this blog’s traditional realm of commercial division practice and procedure to reflect on the nature of “intent” at the intersection of professional wrestling and insurer coverage liability. No, this is not a surrealist poem, but a recent decision by Justice Peter Sherwood of the Commercial Division for
Money Can Buy You Shares in A Company But It Can’t Buy You Preliminary Injunctive Relief
A preliminary injunction is one of the available provisional remedies, namely, equitable relief entered by a court prior to a final determination of the merits. The relief usually orders a party to restrain from a course of conduct or compels a party to continue with a course of conduct until the action has been decided.
Successful Challenge To a Forum-Selection Clause Requires a “Strong Showing” – So Select Your Forum Wisely
Forum-selection clauses were once widely disfavored by many courts on the theory that such provisions operated to improperly divest the court of jurisdiction. But now, it is well-recognized that parties to a contract may freely select a forum of their choosing to resolve a dispute arising from that contract. In fact, forum-selection clauses are now
Check the Rules Part IX: More Procedural Particularities of Practicing in the Commercial Division
As readers of this blog have come to appreciate, we here at New York Commercial D
ivision Practice tend to report on — among other things Commercial Division — the procedural particularities of litigating commercial matters before the various judges that have been assigned to the Commercial Division over the years. Such particularities may arise
Judicial Dissolution Proceeding against Donald J. Trump Foundation Withstands Dismissal Motion
The Donald J. Trump Foundation, a private foundation incorporated in 1987, was formed “exclusively for charitable, religious, scientific, literary or educational purposes”, and as stated in the Certificate of Incorporation, shall not be for propaganda or participating or intervening in “any political campaign.” The Foundation’s president and founder, is Donald J. Trump.
The Attorney
Technology-Enabled Courtrooms Coming to the Commercial Division
Tired of printing hundreds of thousands of documents and carrying numerous boxes of documents to court? The New York Commercial Division has heard your cry. The New York Law Journal reported that the Commercial Division courts are committed to utilizing technology to help make litigation efficient and more user friendly. The Commercial Division hopes to
Attorneys Avoid Civil Contempt Despite “Complicit” Role in Client’s Willful Disregard of Court Order
What consequences might an attorney face if she allows her client to deliberately disregard a court order? A recent decision by Justice Sherwood held that civil contempt is not an appropriate sanction for such complicity so long as the attorney herself did not engage in conduct that violated a court order.
In A&F Hamilton Heights