Category Archives: Case Summary

NYAHSA Servs., Inc. Self Ins. Trust v Defendant Inc., 12/27/2016 (Platkin, J.).

Discovery; Disclosures; Attorney-Client Privilege; Attorney Work-Product By: Michael Joseph | Staff Writer Plaintiff is a group self-insured trust (“GSIT”) consisting of employers in the home health-care industry operating in New York State who are required to provide workers’ compensation insurance … Continue reading

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Innovative Municipal Products (U.S.), Inc., v. Central Equipment, LLC, Index No. 4073/13, March 7, 2017, (Platkin, J.)

Motion for Summary Judgment; Motion to Amend a Complaint; CPLR § 3212; CPLR § 3025(b); CPLR § 2220 By: Stephen Hernandez | Staff Writer Plaintiff and Defendant developed and implemented a joint “Tank Agreement Program” that allowed customers to lease … Continue reading

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Lincoln Bldg. Servs. Inc. v. Dellwood Dev., Ltd., Index No. 5899/12, 02/23/17 (Dufficy, J.)

Promissory Note; Breach of Contract; Costs and Attorney’s Fees; Unjust Enrichment; Piercing the Corporate Veil; Joint and Several Liability By: Casey Hughes | Staff Writer Plaintiff is a New York construction corporation that privately lends money. Defendant is a limited … Continue reading

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Financial Guaranty Insurance Company v. Morgan Stanley ABS Capital I Inc., Index No. 652853/2014, 2/19/2017 (Friedman, J.)

Motion to dismiss; Failure to state a claim; Breach of contract; Breach of warranty By: Kristen Barone | Staff Writer Plaintiff, a monoline insurer, issued an insurance policy guaranteeing payments on certain securities issued in the Transaction (“the Transaction”).

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Matter of Digeser v. Flach, Index No. 2383/13, 01/31/2017 (Platkin, J.)

Judicial Dissolution By Denise Dessel | Staff Writer Gould Erectors & Rigging, Inc. (“Gould”) was a corporation formed to perform commercial construction work. Gould’s owners formed Flach Crane & Rigging Co., Inc. (“Flach Crane”) as a separate corporation to insulate … Continue reading

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Gliklad v. Deripaska, Index No. 652641/2015, 4/25/17 (Singh, J.)

Summary Judgment; Personal Jurisdiction; Specific Jurisdiction; General Jurisdiction; Piercing the Corporate Veil; Alter Ego By: Jared Gordon | Staff Writer Plaintiff and Michael Cherney (“Cherney”) executed a $270 million promissory note in Russia. Plaintiff later commenced an action against Cherney … Continue reading

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Petitioner Corp. v. Respondent Co., Index No. 655019/2016 5/15/2017 (Ramos, J.)

Manifest Disregard of the Law; Commercial Arbitration; Motion to Vacate; Fraudulent Inducement; Breach of Contract; Contractual Rescission By: Ashleigh Shelton | Staff Member Petitioner and Respondent entered into a series of agreements in which Petitioner sold its aspartame business to … Continue reading

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Sawchuk v. City Univ. Constr. Fund, Index No. 155304/2016, 01/13/2017 (Ramos, J.)

Motion to Dismiss; Statute of Limitations; Doctrine of Laches; State Finance Law §123-b By: Paulina Zaferiou | Staff Writer Defendant, City University Construction Fund (“CUCF”), solicited proposal requests for a public works contract.

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Matter of 2225 46th St., LLC v. Hahralampopoulos, 1/17/2017 (Dufficy, J.)

Real Property; Equity; Strict Liability; RPAPL §881 By: Carolina Boutureira | Staff Writer Plaintiff wished to complete a demolition to construct a new building. In order to perform the demolition, Plaintiff needed to encroach on eighteen adjoining properties owned by … Continue reading

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Fakiris v. Gusmar Enters. LLC, et al., Index No. 14652/14, 11/21/2016 (Ritholtz, J.)

Summary Judgment; Fiduciary Duty; Judicial Dissolution; Temporary Receivership By: James Clarke | Staff Writer Plaintiff Marina Fakiris (“Marina”), her brother Defendant Kostas Fakiris (“Kostas”), and their late father Peter Fakiris (“Peter”) formed Defendant Gusmar Enterprises, LLC (“Gusmar”), a real estate … Continue reading

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