Monthly Archives: March 2016

John G. Ullman & Associates, Inc. v. BCK Partners, Inc., Index No. 2015-0746 CV, 11/6/2015 (Rosenbaum, J.)

Tortious interference with contractual relations; tortious interference with business relations; unfair competition; unjust enrichment. By Jessica Rottkamp | Staff Writer Defendants worked as account executives for plaintiff, a financial management company. Plaintiff alleged that defendants created their own business to compete … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Ocwen Loan Servicing, LLC v. Ohio Pub. Empls. Retirement Sys., 2015 NY Slip Op 51775(U) 12/07/15 (Bransten, J.)

Spoliation; sanctions; CPLR § 3216; duty to preserve. By Michael Vandermark | Senior Staff Writer Plaintiff was a servicer and calculating agent for mortgage loans owned by the ABFS Trust (the “Trust”). As servicer, Plaintiff was responsible for collecting mortgage … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Allenby v. Credit Suisse, Index No. 652491/2013, 7/9/2014 (Ramos, J.)

Unjust Enrichment; Dividend Recapitalization Loans.  By: Alexa Lofaro | Senior Staff Writer Defendant is an international investment bank that marketed hotel resort Dividend Recapitalization Loans to third parties for Plaintiff lenders. A Dividend Recapitalization Loan allows real estate developers to … Continue reading

Posted in Case Summary | Tagged | Leave a comment

DCS Pharmacy, Inc. v Ugenti, Index No. 24516-14, 8/13/15 (Emerson, J.)

Motion to dismiss; Consolidation; Disqualification of counsel; Confidentiality agreement. By: Jennifer Branca | Editor-in-Chief In 2015, Defendant, a former employee and one of plaintiff’s shareholders , commenced a special proceeding to dissolve plaintiff. Additionally, Defendant brought a shareholder derivative action on … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Heller v. Lewis, Index No. 901146/2015, 12/21/15 (Platkin, J.)

Contract; breach; fiduciary duty; fraud; misappropriation; self-dealing; conspiracy; collateral estoppel; irreparable harm; CPLR § 3211(a)(5); CPLR § 3211(a)(4); BCL §713; BCL §624 By: Roshnee Sukhnandan | Staff Writer  Plaintiff brought an action on behalf of Hyperbaric Technologies, Inc. (“HTI”) against … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Turner Constr. Co. v US Framing Inc., Index No. A00193/2013, 11/06/15, (Platkin, J.)

Contract; breach; Repudiation; Rescission By Lauren Tucker | Staff Writer Plaintiff is a construction company, who entered into a contract with a non-party to provide general construction services. Defendant is a framing company. Plaintiff entered into a contract (“Subcontract”) with … Continue reading

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

The Past and Future of the Commercial Division

By: Jeanelle Dawes | Staff Writer In June 2015, the Supreme Court Civil Branch of New York County presented a program that highlighted the past and future of its Commercial Division (the “Division”). The program offered an overview of the … Continue reading

Posted in Article | Leave a comment

Resetarits Constr. Corp. v City of Niagara Falls., Index No. 2012-148017, 7/17/14 (Walker, J.)

CPLR 3211; CPLR 3212; Summary Judgment; Motion to Strike; Counterclaim By: Annie Yang | Staff Writer Plaintiff entered into a construction contract to renovate a building for Defendant. Defendant hired Wendel Duchscherer (“Wendel”) to provide professional services for the Project’s … Continue reading

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