Panel Affirms Dismissal of Suit Over Kenneth Cole Deal

The Appellate Division, First Department, unanimously affirmed the dismissal of a minority shareholder challenge to a going-private deal by Kenneth Cole Production's majority shareholder, Kenneth Cole.

 

New York's International Arbitration Judge, One Year Later

Anibal Sabater and Mark Stadnyk of Norton Rose Fulbright (Fulbright & Jaworski) analyze the one-year results of New York's project to designate Judge Charles Ramos of the state Supreme Court to hear all international arbitration disputes arising before the Commercial Division of New York County.

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Presented by Big Voodoo
Decisions
  • Tap Holdings v. Orix Finance – In an action involving the sale of corporate assets, Ramos denies summary judgment to all parties, as triable issues of fact existed as to level of loss and whether the asset transfer required notice. (Justice Charles Ramos)
    November 21, 01:42 PM EST
  • The Princeridge Group v. Henning-Carey Proprietary Trading – Scarpulla grants dismissal of claims against defendant head trader who was acting on behalf of defendant and not in his individual capacity, but denies dismissal against defendant as issues of fact exist related to trade transactions involving LinkedIn. (Justice Saliann Scarpulla)
    November 21, 01:38 PM EST
  • Colonial Surety v. Eastland Construction – In this construction action, Scarpulla grants partial summary judgment as the parties' executed an unambiguous indemnity agreement requiring a deposit by defendant to cover plaintiff's losses (Justice Saliann Scarpulla)
    November 21, 01:35 PM EST
  • W25 Holdings v. Joel Schreiber – In an action to quiet title, Kornreich grants cancellation of lis pendens and awards sanctions as plaintiff's complaint was insufficient to support the lien. (Justice Shirley Werner Kornreich)
    November 20, 11:18 AM EST
Case Motions
  • Tonon Bioenergia v. Banco Votorantim – In a $2.4 million breach action involving calculation of break fund cost from prepayment of a loan to sugarcane products manufacturer, defendant bank moves to dismiss, asserting the contract provides each lender determines its own funding losses. (Justice Lawrence Marks)
    November 21, 02:36 PM EST
  • Aaron Haber v. Peter Martin – In a dispute between partners in a venture to produce live comedy shows, defendant moves to amend answer to assert counterclaims alleging material misrepresentations regarding unconsummated. (Justice Melvin L. Schweitzer)
    November 21, 02:32 PM EST
  • Lori Glachman v. Gary Friedland – In a $5 million dispute between partners in a dog boot business, defendants move for summary judgment to dismiss, arguing the relationship was partnership-at-will with no specific duration or venture. (Justice Jeffrey Oing)
    November 21, 01:54 PM EST
  • Art and Fashion Group v. Cyclops Production – In a $380,000 breach of action between partners in advertising producer LLC, plaintiffs and counterclaim defendant move to dismiss counterclaim and affirmative defenses. (Justice O. Peter Sherwood)
    November 21, 01:53 PM EST