Judge Finds No Triable Dispute in Board's Vote Over Air Rights

null Three months after refusing to block the Art Students League of New York's $31.8 million transfer of air rights over its historic West 57th Street building, Manhattan Supreme Court Justice Melvin Schweitzer has disposed of a suit challenging the sale brought derivatively by a segment of the league's membership.

 

The New Commercial Division Rules You Need to Know

null Jay Safer of Locke Lord writes: The New York Commercial Division has become a truly innovative court improving efficiency, lowering costs and shortening the duration of litigation. During the past year, numerous significant new Commercial Division rules have been generated—and more are coming. They will dramatically change the way cases are litigated.

Decisions
  • Northern Group v. Merrill Lynch, Pierce, Fenner & Smith – Scarpulla dismisses fraud suit arising from $40 million investment in commercial mortgage-backed securities, holding that plaintiffs were sophisticated real estate operators who allege no actionable false statements (Justice Saliann Scarpulla)
    July 30, 06:00 PM EDT
  • Metropolitan Bridge & Scaffolds v. New York City Housing Authority – Bransten dismisses claim for payment for additional work performed related to equipment repair following Hurricane Sandy as the parties' contract covered flood events (Justice Eileen Bransten)
    July 30, 05:20 PM EDT
  • Spectris v. 1997 Milton B. Hollander Family Trust – Bransten grants plaintiff's motion to compel valuation pursuant to terms of the parties' purchase agreement and denies dismissal as breach of contract was not previously litigated and therefore not barred by res judicata (Justice Eileen Bransten)
    July 29, 03:21 PM EDT
  • Stepan Europe S.A.S. v. Gras Savoye Rhone-Alpes Auvergne – Friedman dismisses complaint against French company over insurance brokerage agreement for lack of personal jurisdiction and forum non conveniens (Justice Marcy S. Friedman)
    July 29, 03:07 PM EDT
Case Motions
  • Baruch v. Roset Eshaghian – Plaintiffs move for order for clerk to deliver a matrimonial file for court to conduct in camera inspection in connection with action alleging improper transfer of interest of LLC created to own ground lease (Russ & Russ; Nesenoff & Miltenberg) (Justice Charles E. Ramos)
    July 30, 06:00 PM EDT
  • Multi Capital Group vs. Mark Karasick – Real estate investment banking firm plaintiff cross-moves for summary judgment by asserting that contractual conditions of an introduction and acquisition have been met in action over $2M fee for sale of office building (Wachtel Missry) (Justice Shirley Werner Kornreich)
    July 30, 05:28 PM EDT
  • SG Mortgage Securities Trust 2007-AHL1 v. SG Mortgage Finance Corp. – Plaintiff trustee opposes defendant's motion to dismiss RMBS suit alleging breach of reps and warranties on the basis that case is governed by different disclosure and enforcement obligations (Kasowitz, Benson, Torres & Friedman) (Justice Charles E. Ramos)
    July 30, 05:26 PM EDT
  • Hellenic Imperial Airways v. Gulf Air Company – Gulf Air moves to dismiss amended complaint, asserting that plaintiff's failure to make rent payment, is an event of default in action alleging $750K in damages from breach of aircraft sublease (Dentons US) (Justice Saliann Scarpulla)
    July 29, 03:17 PM EDT