Were Claims Barred by Statute of Limitations or Otherwise? Sure, Inc., an insurance technology (insurtech) company, alleged that one of its former directors, Alex Maffeo, misappropriated Sure’s confidential trade secrets. He then used that information to start a competing business through Boost Insurance Agency USA, Inc. and Boost Insurance Agency, Inc. Sure claimed that Boost used Sure’s confidential information to unfairly compete against Sure and to “steal” Sure’s existing and prospective customers and business partners. Boost moved to dismiss the complaint, arguing that it was time-barred and insufficiently pled. Sure is a Delaware corporation with a principal place of business… Read more

Court Addresses Viability of Battery Claim Sherwood Martinelli alleged that, during the course of filming the show “Ray Donovan,” Liev Schreiber intentionally struck him, making contact with his person and destroying personal property. The first cause of action alleged that Showtime Networks Inc. and The Mark Gordon Company d/b/a Entertainment One failed to supervise with reasonable care, was negligent in its hiring of Schreiber, and failed to take any precautions to prevent an attack. The second cause of action alleged that he intentionally struck Martinelli and destroyed personal property. Martinelli moved for summary judgment on the battery cause of action. He… Read more

Court Applies UCC and GOL Statutes of Fraud One of the threshold issues in commercial disputes is often the characterization of the transaction and/or the relief sought. As a recent case involving various claims to the proceeds of the sale of a diamond based upon an alleged oral agreement illustrates, adjudication of the nature of the case may be dispositive when it comes to the defense of the statute of frauds. Basal Trading and Sons Ltd. alleged an oral partnership agreement with M&G Diamonds, Inc. and Roman Malakov Diamonds, LLC. According to the complaint, the partnership interest was divided equally… Read more

Was Canine’s Owner Liable for Negligence or Otherwise? Scenario: Cyclist riding in Central Park. Owner of off-leash dog playing fetch. Dog chases tennis ball into the road. Bike rider is injured in fall. Litigation ensues. On April 25, 2019, Joan Decollibus was riding her bicycle through Central Park when a dog named Lola, owned by Barry Schimmel, ran into the bicycle lane and caused Decollibus to fall off her bike. On October 18, 2019, Decollibus sued Schimmel alleging negligence, strict liability, and violations of the City of New York Department of Parks and Recreation Leash Law. After the completion of depositions, Schimmel… Read more

Court Adjudicates Who/What Killed The Fat Cow The Court held a two-week virtual bench trial in this matter concerning a dysfunctional business relationship involving a Los Angeles restaurant, the Fat Cow LLC, that had no tie-breaking mechanism in the LLC formation documents. Rowan Seibel and Gordon Ramsey and GR US Licensing were (more or less) 50/50 owners of Fat Cow LLC. Siebel sought damages for breach of contract and breach of fiduciary duty. The Court found Seibel not credible-primarily because it appeared he fabricated evidence and then compounded that fabrication by using the same evidence to lie to the Court. Seibel, who at… Read more

Was Demise an Accident or Suicide? The brothers Levi and Benjamin Goldfarb, as beneficiaries of an insurance policy issued by Reliance Standard Insurance Company (Reliance), sued to recover under the Employee Retirement Income Security Act a $500,000 accidental death benefit because of the insured, Dr. Alexander Goldfarb’s, death while mountain climbing. Reliance sought summary judgment affirming the plan administrator’s decision to deny the “accidental death” benefit. The beneficiaries sought summary judgment, claiming that the plan administrator’s denial of the “accidental” death benefit was arbitrary and capricious. [1] Dr. Goldfarb, an avid mountain climber, attempted to climb a dangerous mountain in Pakistan… Read more

Was Prosecution Barred by “Choice of Evils” Justification Defense? Luis Jimenez was indicted on several counts for striking and severely injuring a small dog with a broomstick. Jimenez argued that the indictment should be dismissed because the prosecutor did not charge the grand jury on justification under Penal Law § 35.05(2), the “choice of evils” defense. Was that instruction warranted under the circumstances of the case? Jimenez was charged with second-degree criminal mischief under Penal Law § 145.10, aggravated cruelty to animals under Agriculture and Markets Law § 353-a, and Overdriving, Torturing, or Injuring an Animal under Agriculture and Markets… Read more

Did “O’Malley” Already Have One or Two? Amy C. Farrell alleged that she was injured by O’Malley, a vicious dog belonging to Peter M. Boushie. Amy’s husband, Kevin L. Ladue, alleged that he was deprived of his wife’s services, society, and companionship as a result of her injuries. After discovery, Farrell and Ladue moved for summary judgment. New York’s courts have long recognized that the owner of a dog who either knows or should have known of that animal’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities. Liability in such cases… Read more

Did Buyer Have Cognizable Fraud and Other Claims Against Sellers and Brokers? Michael Vella purchased real property located at 2 Dellworth Drive, Yorktown Heights, New York, from Michael E. Straub and Erin L. Cummings Straub pursuant to a contract of sale dated July 9, 2018. The property was located next to several acres of state owned land. The Straubs retained Coldwell Banker Real Estate LLC as their selling broker. Karen O’Connor executed the exclusive right to sell agreement on behalf of Coldwell. Vella retained Michael Kahns of Berkshire Hathaway Home Services Hudson Valley as his broker in connection with the purchase of… Read more

Was Domino’s Liable For Officer’s Injury in Scuffle? On June 9, 2016, Kevin R. Allum was employed by Domino’s Pizza, LLC and was delivering pizza in Brooklyn. At about 1:00 a.m., New York City Police Department Officer Benjamin Maldonado pulled over Allum’s vehicle and cited him for a defective headlight. During the course of the traffic stop, Allum allegedly kicked his feet, flailed his arms, and resisted arrest. Maldonado forcibly removed Allum from the vehicle and both Maldonado and Allum fell to the ground. Maldonado sued Alum and Domino’s to recover damages for personal injuries. Domino’s subsequently moved for summary judgment… Read more