Stephen Younger

Patterson Belknap Webb & Tyler LLP

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Commercial Division Decision Illustrates Potential Issues that May Arise in a CPLR Article 52 Turnover Order Proceedings

A party seeking to enforce a judgment against an asset of a judgment debtor that is held by a third party may petition for a turnover order through a special proceeding provided for by CPLR Article 52....more

4/18/2019 / Commercial Court , CPLR , Fraud , Statute of Limitations

Commercial Division Finds Foreign Corporations Lack Sufficient Contacts with New York for Personal Jurisdiction

On July 5, 2018, Justice Saliann Scarpulla of the Commercial Division granted a motion to dismiss by All Nippon Airways, Co. Ltd., ANA Aircraft Technics, Co., Ltd., ANA Base Maintenance Technics, Co., Ltd., ANA Holdings,...more

7/30/2018 / Fraud , General Jurisdiction , Memorandum of Understanding , Personal Jurisdiction

Commercial Division Rules that U.S. Treasury Secretary’s Access to a Company’s Detailed Financial Information in His Role as a...

Members of a company’s board who are also investors in the company often have access to detailed information about the company’s finances and its lending facilities. But what happens when an investor-board member could,...more

7/17/2017 / Board of Directors , Books & Records , Financial Records , Fraud , Fraudulent Inducement , Negligent Misrepresentation , Secretary of the Treasury , SPEs , U.S. Treasury

Commercial Division Rejects Collateral Promise Argument as a Basis for a Fraudulent Inducement Claim

In a recent decision, Justice Anil Singh of the Commercial Division dismissed a counterclaim asserted by Visa against Wal-Mart for fraudulent inducement. According to Justice Singh, Visa’s allegations failed to satisfy the...more

3/9/2017 / Breach of Contract , Chip and PIN , Debit and Credit Card Transactions , Fraud , Fraudulent Inducement , Point of Sale Terminals , Retailers , Visas , Wal-Mart

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