Monthly Archives: April 2016

20 Years: Supreme Court Commercial Division

By: Samantha Yu | Managing Editor The New York State Supreme Court Commercial Division celebrated 20 years in November 2015. When then-Chief Judge Judith Kaye established the first Commercial Division of the Supreme Court in 1995, it was one of … Continue reading

Posted in Article | Leave a comment

H & M Trading Co. LLC v. Jordache Ltd., Index No. 650118/2015, 11/6/15 (Ramos, J.)

Shareholder derivative action; standing; embedded harm By: Frank Tantone | Staff Writer Defendants were the holders of the sole Master License to manufacture apparel bearing the trademarks of the US Polo Association, including the “Double Horseman” mark. This mark had … Continue reading

Posted in Case Summary | Leave a comment

Interview with Supreme Court Justice Duane A. Hart

By: Lauren Tucker | Staff Writer On January 14, 2016, I had the privilege of speaking with Supreme Court Justice Duane A. Hart about his experience working as a judge in the Commercial Division in Queens County. Justice Hart attended … Continue reading

Posted in Interview | Leave a comment

Passport Special Opportunities Master Fund, L.P. v. ARY Communications, Ltd., Index No. 604821/2015 (DeStefano, J.)

Order for attachment; Order for deeming proper or additional service By: Kush H. Parikh | Staff Writer Plaintiff (brought an action to recognize a money judgment of the High Court of the Republic of Singapore under CPLR 5303., Plaintiff moved … Continue reading

Posted in Case Summary | Leave a comment

Careers in the Commercial Division

By: Jennifer Branca | Editor-in-Chief  On March 29, 2016, the Commercial Division Online Law Report successfully brought students together with distinguished attorneys to discuss the career paths that have led them to their prominent positions today. In addition to the dialogue … Continue reading

Posted in Article | Leave a comment

All County Paving Corp. v Darren Constr., Inc., Index No. 34005/2012, 08/04/2015 (Emerson, J.)

Fraudulent conveyance law; DCL §273; DCL §276; Good will By Michael Farinacci | Managing Editor Plaintiff-creditor was unable to collect on a judgment entered years ago against the defendant’s former company. In the former company, defendant was the sole officer … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Matter of HSBC Bank U.S.A., N.A., Checking Account Overdraft Litig., Index No. 650562/2011 (Bransten, J.)

Class action; class action settlement; preliminary approval of class action settlement By Krisdy Portugal | Staff Writer Plaintiffs, Defendants’ customers allege that as a practice, Defendant, a bank, allowed customers to use their debit cards to make purchases when their … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Juliano v Paragon, Inc., Index No. 11747/14 (Rosenbaum, J)

Motion to Dismiss; Contract; Fiduciary Duty; Breach By Evan Jaffe | Senior Staff Writer Plaintiff met with non-parties, regarding Plaintiff’s interest in purchasing a shared space dental practice from the non-parties. The non-parties retained Defendants, a dentist and consulting firm, … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Board of Mgrs. of 647 & 649 Place Condominium v. 647 & 649 Wash. Ave., LLC, Index No. 30288/2010, 10/5/2015 (Demarest, J.)

Breach of contract; piercing the corporate veil; individual principals; certifications; offering plan; purchase agreement; incorporation by reference. By Mena Beshay | Staff Writer 647 & 649 Washington Ave, LLC, (“Washington Ave”), Haijar Elayyan (“Haijar”), Double M Development, LLC (“Double M”), … Continue reading

Posted in Case Summary | Tagged | Leave a comment