On January 31, 2018, the Appellate Division, Second Department affirmed, in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s...more
3/7/2018
/ Appeals ,
Arm's Length Principle ,
Commercial Court ,
Commercial Leases ,
Commercial Tenants ,
Contract Terms ,
Declaratory Relief ,
First Impression ,
Landlords ,
Preliminary Injunctions ,
Public Policy ,
Waivers
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 Norddeutsche Landesbank Girozentrale v. Tilton, No. 651695/15, 2017 BL 55790 (App Div, 1st Dep’t Feb. 23, 2017), a divided panel of the Appellate Division, First Department, affirmed a Commercial Division order that denied...more
3/3/2017
/ Appeals ,
Cease and Desist ,
Collateralized Debt Obligations ,
Commercial Court ,
Enforcement Actions ,
Fraud ,
Fund Managers ,
Investment Fraud ,
Motion to Dismiss ,
Negligent Misrepresentation ,
Securities and Exchange Commission (SEC) ,
Time-Barred Claims
In Good Hill Master Fund L.P. v. Deutsche Bank AG, No. 600858/10-2188B, 2017 BL 19363 (App. Div. 1st Dep’t Jan. 24, 2017), the First Department unanimously affirmed a judgment entered in the Commercial Division of over $90...more
1/28/2017
/ Appeals ,
Bad Faith ,
Bank of America ,
Breach of Contract ,
Commercial Court ,
Credit Default Swaps ,
Derivatives ,
Deutsche Bank ,
Hedge Funds ,
ISDA Master Agreement ,
Prejudgment Interest ,
Repurchases ,
Swap Agreements