NY UCC Governs Contract Claims For Goods Delivered and Accepted; Lost Profit Counterclaim Dismissed For Lack of Contemplation By Parties and Alleged Damages Speculative
The Law Offices has obtained summary judgment on behalf of a New York women’s clothing company that filed suit in 2016 against a national retailer for breach of contract and account stated for failure to pay for purchase order goods delivered and accepted by the retailer. Manhattan Supreme Court Justice Andrew S. Borrok also dismissed the retailers’ counterclaims. GMC MERCANTILE CORP. v. BON WORTH, INC., Index No. 653931/2016 (Andrew Borrok, J., Manhattan Sup. Ct. 2018). 2018 NY Slip Op 51162(U). https://www.leagle.com/decision/innyco20180731414
Manhattan Supreme Court Vacates Mechanic’s Lien For Lienor’s Failure to Prosecute/Orders Surety to Return Lien Discharge Bond Collateral to Petitioner
On November 2, 2017, following oral argument, Manhattan Supreme Court Justice Kalish granted Petitioner co-op shareholder’s application by Order To Show Cause to vacate and discharge a mechanic’s lien filed by respondent subcontractor.
The original lien was filed on May, 26, 2015 and extended on May 11, 2016 for one year. However, respondent failed to timely commence an action to foreclose on the lien (or to apply to the Court by the expiration of the extended lien for an order further extending the lien). We filed a Verified Petition by Order To Show Cause to cancel the lien, supporting Affirmation and exhibits and proof of service of the Order To Show Cause. In addition to canceling the lien, the Court ordered the surety to return to petitioner collateral monies posted to securea previously filed lien discharge bond.
Application of Eric Stern v. W.J. Smith Construction Corp., Manhattan Supreme Court, Index No. 157673/2017 (Justice Kalish).
Manhattan Supreme Court Grants RPAPL Petition/Issues License Permitting Brownstone Owner Access to Neighbor’s Property to Complete Construction Project
The Firm successfully prosecuted an RPAPL 881 special proceeding and obtained an order of license on behalf of a Manhattan brownstone owner to gain access to the neighbor’ property to complete renovation and construction work on the brownstone owner’s property.
Chan v. Crown Wisteria, Inc., Manhattan Supreme Court, Index No. 151966/14 (Justice Bannon).
Westchester Supreme Court Grants Construction Manager Summary Judgment Dismissing Labor Law and Negligence Claims
Summary judgment granted to construction manager, dismissing all claims (i.e. negligence, NY Labor Law 200 , 240 and 241) in grave injury lawsuit, finding construction manager did not control or supervise subcontractor employee’s work and or control the activity which caused plaintiff’s injury.
Jozwowicz v. Targoff et al., Westchester County Supreme Court, Index No. 12979/06 (Justice Mary H. Smith). PLEASE CONTACT FIRM FOR COPY OF DECISION.