Search
-
Recent Content
Editors
- Megan Hardy – Editor-in-Chief
- Kristin Russo – Managing Editor
- Julie Aberasturi, Jenna Codignotto, Daniel Green, & Sabrina Soffer – Associate Managing Editors
- Brennan O'Gorman – Editor for Diversity & Inclusion
Faculty Advisors
- Rosa Castello
- Daniel Wiig
- Megan Hardy – Editor-in-Chief
Commercial Division Online Law Report
New York County Supreme Court Commercial Division
Hon. Andrew Borrok
Hon. Joel M. Cohen
Hon. Marcy Friedman
Hon. Andrea Masley
Hon. Barry Ostrager
Hon. Saliann Scarpulla
Hon. O. Peter Sherwood
Hon. Jennifer G. Schecter-
New York County Supreme Court Commercial Division
Hon. Andrew Borrok
Hon. Joel M. Cohen
Hon. Marcy Friedman
Hon. Andrea Masley
Hon. Barry Ostrager
Hon. Saliann Scarpulla
Hon. O. Peter Sherwood
Hon. Jennifer G. SchecterArchives
- February 2021
- June 2020
- March 2019
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- December 2014
- November 2014
- October 2014
- September 2014
- July 2014
Top Clicks
- None
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
Leave a comment
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
Leave a comment
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
Leave a comment
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
Leave a comment
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 →