The First District revives a tortious interference claim by a disadvantaged business enterprise against a prime contractor that allegedly misrepresented the DBE’s qualifications to secure a waiver of state procurement DBE goals.
The First District affirms a circuit court order directing limited partners to pay their respective portions of an unanswered capital call, finding the Limited Partnership Agreement authorized the call for operational expenses.
The Fourth DCA affirmed the trial court’s refusal to pierce the corporate veil to hold a horse trainer personally liable for her LLC’s breach of a settlement agreement, finding that careless use of corporate names and occasional commingling of funds did not constitute the fraudulent or improper conduct required under Dania Jai-Alai Palace.
First Department affirms dismissal of alter ego claim to pierce corporate veil, finding conclusory allegations of dominion and breach of contract alone insufficient.
First Department confirms arbitration award applying res judicata to bar second arbitration after prior voluntary stipulation of dismissal with prejudice on identical claims.
First Department affirms forum non conveniens dismissal of derivative action brought on behalf of Swiss bank Credit Suisse, finding claims lacked substantial nexus with New York and arose under Swiss law.
The Second Department affirmed dismissal of a fraud action on judicial estoppel grounds, finding the plaintiff failed to disclose the underlying stock shares and promissory notes in his Chapter 11 bankruptcy.
The Second Department partially reinstated claims against merchant cash advance defendants, finding allegations of duress sufficient to challenge a release and sustain abuse of process and Judiciary Law § 487 claims.
First Department reverses summary judgment for MPEG LA, holding terminated licensors retain voting rights under patent licensing agreement where the agreement distinguishes between ‘current Licensors’ and ‘Licensors’ in voting provisions.
First Department affirms denial of motion to compel appraisal process, holding LLC agreement’s dispute resolution mechanism applies only to FMV Multiple calculations, not EBITDA determinations.