Category Archives: Case Summary

MacKay v. Paesano, Index No. 68232-14, 2/6/2017 (Emerson, J.)

Motion to Dismiss; Joint Venture; Statute of Frauds; Leave to Replead By: Kei Haneda | Staff Writer From 2007 to 2010, Paesano and Cadan (collectively “Defendants”), allegedly failed to adhere to a series of agreements they entered into with MacKay … Continue reading

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Gowen v. Helly Nahmad Gallery, Inc., Index No. 650646/2014, 5/8/2018 (Bransten, J.)

Motion to Dismiss; Personal Jurisdiction; Alter Ego Theory; CPLR 3211(a); CPLR 4511 By: Miles Works | Staff Writer In 1939, as the Nazis approached France, Mr. Stettiner was forced to flee his Parisian home, leaving behind a valuable painting, Seated … Continue reading

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New York State Workers’ Compensation Bd. v. Compensation Risk Mgrs., LLC, 12/14/17 (Platkin, J.)

Derivative Claims; Implied Indemnity; Trustees’ Implied Duties; Near-Privity By: Jared Fitzpatrick | Staff Writer In 2013, the New York State Workers’ Compensation Board (the “Board”) brought suit against the trustees of HITNY,

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Parauda v. Encompass Ins. Co. of Am., Index No. 61128/15, 1/25/2018 (Bucaria, J.)

Breach of Insurance Policy; Declaratory Judgment; Summary Judgment By: George Alissandratos | Staff Writer John Parauda and Gretchen Walsh (“Plaintiffs”) owned a home located in Pleasantville, NY, which they occupied as their residence. Encompass Insurance Company of America (“Defendant”) issued … Continue reading

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Matter of Digeser v. Flach, Index No. 2382-13 (Platkin, J.)

Valuation of Shares; Dissolution; Corporations By: Steven Cuttonaro | Staff Writer Petitioner commenced this action seeking to dissolve two business corporations, Gould Erectors & Rigging, Inc. (“Gould”), and Flach Crane and Rigging Co., Inc. (“Flach”) pursuant to Business Corporation Law … Continue reading

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Culligan Soft Water Co. v. Clayton Dubilier & Rice, LLC, Index No. 651863/2012, 1/11/2017 (Oing, J.)

CPLR § 3102(c); Derivative Action By: Madeline Collins | Senior Staff Writer Plaintiffs, minority shareholders of nominal Defendant, Culligan Ltd. (“Culligan Limited”), bought this derivative action on behalf of that entity, a Bermuda company that does business in New York.

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Moquinon, Ltd. v. Gliklad, Index No. 650366/2017, 4/6/2017 (Singh, J.)

Attachment in Aid of Arbitration; Promissory Note; CPLR 7502(c); Preliminary Injunction By: Brandon Dorman | Staff Writer Respondent, Gliklad, and Michael Cherney executed a promissory note worth $270 million (“Note”) in Russia. Respondent later moved to enforce the Note in … Continue reading

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Optimal Strategic U.S. Equity Ltd. v. SPV OSUS Ltd., Index No. 653693/2014, 03/06/17 (Scarpulla, J.)

Assignment of Contract Rights; Third-Party Claims; Integration; Summary Judgment By: Christine A. Kowlessar | Staff Writer Plaintiff, a trading company, invested all its assets with a corporation that later collapsed. In its liquidation settlement with the corporation’s trustee, Plaintiff’s claim … Continue reading

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Sybron Can. Holdings, Inc. v. Niznick, Index No. 650908/14, 03/03/2017 (Ostrager, J.)

Buyout Provisions; Cause Call Options; Breach of Contract; Fiduciary Duties By: Kayla Kuzniewski | Staff Writer Plaintiff purchased a majority interest in Defendant’s dental business. Plaintiff bought Defendant out after learning Defendant manipulated Plaintiff and its employees to ensure that … Continue reading

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Progresso Ventures, LLC v. Mazzola, Index No. 652730/2015, 3/15/2017 (Ramos, J)

Partial Summary Judgment; CPLR 3212; Guarantee Agreement; Breach of Guarantees; Default of Obligation; Reinvestment By: Christina Falco | Staff Writer Defendants executed a Note Purchase Agreement (“Note Agreement”). Prior to execution, Mazzola, DiSanluciano, and Barkow (collectively, the Guarantors) each executed … Continue reading

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