In a decision issued last month in Gowen v. Helly Nahmad Gallery, Inc., No. 650646/2014, 2018 NY Slip Op 28142, 2018 BL 164601, Commercial Division Justice Eileen Bransten found personal jurisdiction over foreign defendants...more
In a wave of rulemaking activity over the past week, the Office of Court Administration opened public comment on three significant changes to the Commercial Division Rules proposed by the Commercial Division Advisory Council....more
In Matter of Jacobs v. Cartalemi, No. 2016-05041, 2017 BL 435890 (2d Dep’t Dec. 6, 2017) (“Jacobs I”), a unanimous Appellate Division, Second Department panel affirmed an order by Westchester County Commercial Division...more
1/8/2018
/ Appeals ,
Article III ,
Business Litigation ,
Commercial Court ,
Compensation ,
Derivative Suit ,
Limited Liability Company (LLC) ,
Membership Interest ,
Operating Agreements ,
Right of First Refusal ,
Standing ,
Withdrawal Liability
The Westchester County Commercial Division has launched a new state-of-the-art courtroom at the White Plains Courthouse. The Integrated Courtroom Technology (ICT) part is outfitted with high-tech features designed to ease...more
CPLR 3211(a)(1) allows a defendant to “move for judgment dismissing one or more causes of action asserted against him on the ground that . . . a defense is founded upon documentary evidence.” The CPLR does not define the...more
In Wantickets RDM, LLC v. Eventbrite, Inc., No. 654277/2016, 2017 BL 261099 (Sup. Ct. Jul. 21, 2017), New York Commercial Division Justice Shirley Werner Kornreich denied defendant Eventbrite’s motion to dismiss plaintiff...more
In Del Forte USA, Inc. v. Blue Beverage Group, Inc. et al., No. 518454/2016, 2017 BL 253248 (Sup. Ct. Jul. 17, 2017), New York Commercial Division Justice Sylvia G. Ash denied plaintiff Del Forte’s preliminary injunction...more
In Ace Decade Holdings Ltd. v. UBS AG, No. 653316/2015, 2016 BL 413780 (N.Y. Sup. Ct. Dec. 7, 2016), Justice Eileen Bransten of the Commercial Division dismissed a $500 million fraud suit brought by an investment holding...more
1/3/2017
/ Breach of Duty ,
Commercial Court ,
Dismissals ,
Fiduciary Duty ,
Forum Non Conveniens ,
Fraud ,
Holding Companies ,
Hong Kong ,
Hong Kong Stock Exchange ,
International Litigation ,
Investment Companies ,
Investment Funds ,
Long Arm Statute ,
Misrepresentation ,
Negligent Misrepresentation ,
Personal Jurisdiction ,
Pleadings ,
Relocation ,
Substantial Nexus ,
Swiss Banks ,
Unjust Enrichment