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. Continue reading

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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 dry cleaning business with chemical tanks buried underground. Continue reading

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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 late husband a life insurance policy, SelectQuote Insurance Services and Charan J. Singh (hereinafter “Defendants”) with a summons with notice indicating that she would be alleging claims of: (1) breach of contract for the failure to pay life insurance proceeds under her husband’s policy upon his death; and (2) negligence for selling her husband a new policy after his original policy lapsed for non-payment rather than advising him to seek reinstatement of the lapsed policy. Continue reading

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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”), one of Defendant’s subcontractors. Continue reading

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A Conversation with Robert M. Link, Esq.

By: Nandini Chowdhury | Staff Writer

Robert M. Link, Esq. is an accomplished attorney who is currently a partner at David A. Gallo & Associates LLP in Rego Park, New York. Mr. Link is a 2009 graduate of The CUNY School of Law. In addition to practicing commercial litigation, Mr. Link handles foreclosure, bankruptcy, and various real estate matters. Staff Member Nandini Chowdhury had the opportunity to gain insight into Mr. Link’s work in commercial litigation and receive valuable advice for law students who may be interested in becoming litigators. Continue reading

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Schulhof v. Jacobs, Index No. 157797/2013, 2/27/17 (Ramos, J.)

Breach of Contract; Breach of Fiduciary Duty; Fraud; Restitution; Unjust Enrichment; Compensatory Damages; Punitive Damages; CPLR § 3212; CPLR § 3211; Summary Judgment

By: Natalie Deneen Russell | Staff Writer

Plaintiff, the executor of an estate, entered into a written agreement (the “Agreement”) with Defendant for the sale of a painting (the “Work”) from decedent’s art collection. Continue reading

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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 to their employees. Defendant was a member of the GSIT for eight years. 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 a storage tank, with an option to buy at a reduced cost or continue to lease if they signed a multi-year purchase contract for de-icing products. 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 liability company that renovates existing apartment buildings and converts them from low income rentals into condominiums. 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”). Continue reading

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