April 26, 2019

A dismissed fraud claim.

The element of reliance is insufficiently pled where the plaintiff had the means to discover the true nature of the transaction by the exercise of ordinary intelligence, and failed to make use of those means.

Rubin v. Sabharwal, NY Slip Op 02975 (1st Dep't April 23, 2019)

Here is the decision.

April 25, 2019

Voidable contracts.

A contract is voidable on the ground of duress and coercion where the party making the claim was forced to agree to it by means of a wrongful threat precluding the exercise of free will.  Generalized contentions that a party felt pressured are insufficient. As a matter of law, the exercise or threatened exercise of a legal right is not duress.

Shah v. Mitra, NY Slip Op 02739 (2d Dep't April 10, 2019)

Here is the decision.

April 24, 2019

A fee dispute between attorneys.

The outgoing attorney may elect either immediate compensation based on quantum meruit for the reasonable value of the services rendered, or a contingent percentage fee to be determined at the conclusion of the litigation.

Rodriguez v. Ryder Truck Rental, Inc., NY Slip Op 02735 (2d Dep't April 10, 2019)

Here is the decision.

April 23, 2019

CPLR 302(a)(1).

A plaintiff's allegations that the defendant transacts business in New York and that the claims arise directly out of that business are sufficient to support a finding of personal jurisdiction.

ExpresSpa Holdings, LLC v. Cordial Endeavor Concessions of Atlanta, LLC, NY Slip Op 02792 (1st Dep't April 11, 2019)

Here is the decision.

April 22, 2019

A dismissed claim for injunctive relief.

Where a plaintiff's substantive claims are dismissed, its claim for injunctive relief must likewise be dismissed, as it does not constitute an independent cause of action.

Calderon v. Kenga Roo Realty LLC, NY Slip Op 02794 (1st Dep't April 11, 2019)

Here is the decision.