Monthly Archives: September 2016

FIA Leveraged Fund Ltd. v. Grant Thornton LLP, Index No. 651217/2015, 1/19/2015 (Bransten, J.)

Motion to Dismiss; In Pari Delicto; Adverse Interest Exception to In Pari Delicto; Negligence; Innocent Insiders; Choice of Law; Accounting Malpractice; Fraud By: Judith Balasubramaniam | Senior Staff Writer  Plaintiffs are Cayman-Island-based feeder funds for the investment firm of Alphonse … Continue reading

Posted in Case Summary | Tagged | Leave a comment

New York City Constr., Inc. v Morgenstern Bros. Realty Inc., Index No. 502527/2015, 5/11/16 (Demarest, J.)

Yellowstone Injunction; Certificate of Occupancy; Loft Law; Lease By: Douglas Ma | Staff Writer Plaintiff signed a forty-year commercial lease Defendant. The lease provided that Plaintiff would be responsible for converting the building from commercial use to mixed commercial and … Continue reading

Posted in Case Summary | Tagged | Leave a comment

Andron Constr. Corp. v. Dormitory Auth. of the State of New York, Index No. A114-13, 4/22/2016 (Platkin, J.)

Motion for Summary Judgment; Breach of Contract; Delay and Acceleration Damages; No Damages for Delay Clauses By: Nandini Chowdhury | Staff Writer Plaintiff, a contractor, entered into a contract with Defendant for general construction work as a prime contractor for … Continue reading

Posted in Case Summary | Leave a comment

Building Exterior Servs. Trust of N.Y. v A.W. Farrell & Son, Inc., Index No. 900983-2015, 3/16/2016, (Platkin, J.)

Breach of Contract, Statute of Limitations, Contract Interpretation, CPRL 3211; Fiduciary Duty By: Aaron Jacob | Staff Writer The New York State Roofing Contractors Compensation Trust (RCCT) was made up of former members, all of whom held varying roles in … Continue reading

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

Ace Securities Corp., HOME EQUITY LOAN TRUST, by HSBC BANK USA v. DB Structured Products Inc., 3/29/16 (Friedman, J,)

Motion to Dismiss; Breach of Contract; Statute of Limitations; CPLR 205(a); Condition Precedent By: Julie Lavoie | Staff Writer Plaintiff, HSBC Bank USA, National Association (“HSBC”), is the trustee of a residential mortgage backed securities (“RMBS”) trust. Defendant, DB Structured … Continue reading

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