Category Archives: Case Summary

Louis Morizio v. Adirondack Research & Mgmt., Inc., Index No. 3005-12, 2/17/2017 (Platkin, J.)

Dilution; Voting Rights; Fiduciary Duty; Leave to Amend; Petition; Dissolution; Renew; Cross Motion; Leave to Discontinue By: George Beck | Staff Writer In a prior matter, Plaintiff shareholder sought dissolution of Defendant’s corporation under BCL 1104(a), alleging breach of contract, … Continue reading

Posted in Case Summary | Leave a comment

Financial Guar. Ins. Co. v. Morgan Stanley ABS Capital I Inc., Index No. 652914/2014, 01/23/2017 (Friedman, J.)

Motion to Dismiss; Fraud; Breach of Contract; RMBS monoline insurance litigation By: Richie DeMarco | Staff Writer Plaintiff issued an insurance policy guaranteeing payments on certain certificates in a residential mortgage-backed securitization (“RMBS”) transaction (“Transaction”).

Posted in Case Summary | Leave a comment

Nandlal v. Al-Pros Constr., Inc., Index No. 16256/12, 4/7/17 (Dufficy, J.)

Breach of Contract; Unjust Enrichment; Alter-Ego Liability By: Gregory Brown, Jr. | Executive Publications Editor Plaintiffs entered into a contract with Defendant, a construction company, for the renovation of Plaintiff’s home.

Posted in Case Summary | Leave a comment

Ambac Assur. Corp. v. Countrywide Home Loans, Inc., Index No 653979/14, 12/19/2016 (Friedman, J.)

Fraud; Fraud Inducement; Justifiable Reliance; Damages By: Taylor E. Anderson | Staff Writer Plaintiff insured eight residential mortgage-backed securities (“RMBS”) transactions (“the Transactions”). Defendant and its subsidiaries supplied all or most of the loans for the transactions and was the … Continue reading

Posted in Case Summary | Leave a comment

Pokoik v. Norsel Realties, Index No. 653382/2014, 4/12/2017 (Oing, J.)

Motion to Dismiss; Standing; Shareholder Derivative Action; CPLR 3211 By: James Clarke | Senior Staff Writer Plaintiffs own 10% of Norsel Realties (“Norsel”), a New York partnership owning land in Manhattan.

Posted in Case Summary | Leave a comment

Royal Park Investments SA/NV v. Morgan Stanley, Index No. 653695/2013, 4/11/2017 (Ramos, J.)

Holding Company; Residential Mortgage-Backed Securities; Fraud; Transfer of Rights; Contracts; Security Transfers. By: Aaron Jacob | Senior Staff Writer Plaintiff, Royal Park Investments (hereinafter “RPI”) is a limited liability company incorporated under the laws of Belgium and wholly owned by … Continue reading

Posted in Case Summary | Leave a comment

Siras Partners LLC v. Activity Kuafu Hudson Yards LLC, Index No. 650868/2015, 3/29/2017 (Oing, J.)

Breach of Contract; Breach of Fiduciary Duty; Declaratory Judgment; Permanent Injunction By: Amanda Tersigni | Senior Staff Writer This case stems from a complex matter involving multiple parties and two interrelated actions.

Posted in Case Summary | Leave a comment

Jung Sook Choi v. AmTrust North American et al., Index No. 26455/2016, 11/03/2016, (Rosenbaum, J.)

Motion to Dismiss; Contractual Interpretation; Contractual Ambiguity; Policy Exclusions By: Kelsey Dougherty Howard | Staff Writer Plaintiff purchased a piece of real property to operate as a restaurant in 2009. Prior to Plaintiff’s purchase, the property was operated as a … Continue reading

Posted in Case Summary | Leave a comment

Javoroski v. SelectQuote Ins. Svc. Inc., Index No. 4542/2016, 2/21/17 (Platkin, J.)

Motion to Dismiss; Timely Service of Complaint CPLR 3012(b); Extension of Time to Complete Service CPLR 3012(d); Breach of Contract; Negligence By: Julie Lavoie | Senior Staff Writer In August 2016, Plaintiff served the entity and agent that sold her … Continue reading

Posted in Case Summary | Leave a comment

Wrobel v. Shaw Envtl. & Infrastructure Eng’g of N.Y,, P.C., No. 652382/2015, 5/9/17 (Scarpulla, J.)

Breach of Contract; Third-Party Beneficiaries By: Daniel Ishoo | Staff Writer Defendant, a general contractor, contracted to conduct home repairs as a part of the New York City Rapid Repair Program (“RRP”). Plaintiffs were employees of PMJ Electrical Corp. (“PMJ”), … Continue reading

Posted in Case Summary | Leave a comment