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Monthly Archives: November 2015
Affordable Hous. Assoc., Inc. v. Town of Brookhaven, Index No. 34138/2010, 7/29/15 (Emerson, J.)
Contract; Breach of Contract; Continuing-Wrong Doctrine. By Roshnee Sukhnandan | Staff Writer Defendant hired plaintiff to assist in developing wireless telecommunications towers on defendant’s properties. The parties entered into a written contract in which the plaintiff agreed to identify specific … Continue reading
Posted in Case Summary
Tagged breach of contract, Continuing-Wrong Doctrine., Contract
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Karali v. Araujo, 48 Misc. 3d 1043, 06/16/2015 (Emerson, J.)
Default; fraud; res judicata; discharge of debts; privity; jurisdiction By Michael Vandermark | Senior Staff Writer Plaintiffs sold a parcel of commercial real property in Hampton Bays, New York, to Defendant Araujo Familia Inc. (“Familia”) for $1.2 million.[1] Familia borrowed … Continue reading
Posted in Case Summary
Tagged Default, discharge of debts, Fraud, jurisdiction, Privity, Res judicata
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Zaharatos v. Zaharatos, Index No. 500153/2011, 5/21/2015 (Demarest, J.)
Summary judgment; preliminary injunction; temporary receiver; undertaking; contempt By Kush Parikh | Staff Writer Plaintiff and Defendant had twice been married and divorced from each other. The terms of both divorces were governed by a separation agreement with two main … Continue reading
Posted in Case Summary
Tagged contempt, Preliminary injunction, summary judgment, temporary receiver
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RAD & D’Aprile Inc. v Arnell Constr. Corp., 502464/2014 (Demarest, J.)
Breach of contract; breach of covenant of good faith; CPLR 231; pass-through agreements By Timothy Broschardt | Managing Editor Plaintiff, a masonry subcontractor, performed services for Defendant, a general contractor as part of a construction contract with New York City. … Continue reading
Posted in Case Summary
Tagged breach of contract, covenant of good faith, cplr 231, pass-through agreement
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PNL Phoenix, LLC v. Janton Industries Inc., Index No. 506225/2014, 4/13/14 (Demarest, J.)
Reasonableness of attorneys’ fees in connection with forbearance agreement. By Jessica Rottkamp | Staff Writer Plaintiff acquired two loans by assignment. Defendants were in default of both when plaintiff acquired them. Negotiations with the defendants resulted in a Forbearance Agreement, which stated … Continue reading
Tamai v Suffolk Anesthesiology Assoc., P.C., Index No. 601902/2015, 6/08/15 (Emerson, J.)
Motion to discontinue without prejudice; mootness; restrictive covenant; CPLR § 3217. By Samantha Yu | Staff Writer Defendant employed Plaintiff as an anesthesiologist. Plaintiff’s employment agreement included a restrictive covenant prohibiting her from holding medical staff privileges at four area hospitals for … Continue reading
Reducing Motion Practice in Innovative and Complex Commercial Litigation
By Christine Kummer | Senior Staff Writer Complex business disputes are presenting the Commercial Division with increased caseloads and time-consuming innovative legal issues. In 2014, 5,763 cases were pending in the Commercial Division, an increase of 13% from 2008 (5,084 … Continue reading
Vladeck, Waldman, Elias, & Engelhard, P.C. v. Paramount Leasehold, L.P., Index No. 653416/2011, 3/4/2015 (Bransten, J.)
Fraudulent Inducement By Christopher Arcitio | Staff Writer Plaintiff is Defendant’s tenant of forty years. Defendant owns commercial property located at 1501 Broadway, New York. On January 1, 2010, the parties executed an Assignment of Lease to renew the tenancy, allowing … Continue reading
Commercial Division Online Law Report 
HMS Holding Corp. v. Arendt, Index Number A754/2014, 07/14/15 (Platkin, J.)
Contract; Trade Secrets By Brian White | Staff Writer Public Consulting group, Inc. (“PCG”) was Plaintiff’s competitor. In 2006, Plaintiff purchased PCG’s entire third party liability business (“TPL”). Plaintiff hired Curtin to be COO. Curtin signed a one-year post-termination noncompetition … Continue reading →