Monthly Archives: July 2014

Macy’s, Inc. v. J.C. Penney Corporation, Inc., Index No. 652861/12, 6/16/14 (Oing, J.).

Contract; Breach; Tortious Interference; Licensing Agreement. By Kelly Moynihan┃Managing Editor Plaintiff sued defendant for tortious interference with plaintiff’s contract with Martha Stewart Living Omnimedia, Inc. (“MSLO”). In 2006, plaintiff contracted with MSLO to sell Martha Stewart brand products, designed by MSLO, … Continue reading

Posted in Case Summary | Tagged , , | Leave a comment

Wilberding v. Center Capital Group, LLC, Index No. 650046/2012, 10/30/13 (Kapnick, J.).

Contract; breach; Covenant of good faith and fair dealing; breach; Discrimination; gender. Defendant parent company hired plaintiff as managing director. Plaintiff was entitled to additional compensation for completing client transactions, to be paid within thirty days of defendant’s receiving payment … Continue reading

Posted in Case Summary | Tagged , , , , | Leave a comment

Freidman v. Fayenson, Index No. 650106/2011, 12/4/2013 (Bransten, J.)

Breach of fiduciary duty; accounting; legal malpractice; attorney’s fees; spoliation of evidence. By Kelly Moynihan┃Managing Editor Plaintiffs brought a suit against defendants, both co-owners of a real estate corporation, alleging breach of fiduciary duty and seeking an accounting after defendants allegedly … Continue reading

Posted in Case Summary | Tagged , , , , | Leave a comment

Cilente v. Phoenix Life, Index No. 600313/2008, 1/7/2014 (Kapnick, J.)

Fraud and Fraudulent inducement; NY GBL § 349; breach; Insurance Law §§ 4226 and 2123; breach; Fraud and Negligence.  Plaintiffs allege that they were defrauded into purchasing life insurance policy from defendants.  Initially, plaintiffs created a trust which in turn … Continue reading

Posted in Case Summary | Tagged , , , , , | Leave a comment

Kenney v Immelt, Index No. 650542/2012, 5/8/2013 (Bransten, J.)

Shareholder derivative claims; BCL § 626 demand requirement; wrongful refusal; discovery; standing By Joshua Goldman┃Editor-In-Chief Plaintiffs are GE shareholders. Plaintiff 1 became a shareholder in August 2004 and Plaintiff 2 in January 2009. In early 2008, one of GE’s subsidiaries, contributing … Continue reading

Posted in Case Summary | Tagged , , , , | Leave a comment