Non-signatories to a forum selection clause.

The provision may be binding on a non-signatory where it and a contracting party have such a close relationship that it is foreseeable that the forum selection clause will be enforced against the non-signatory. The rationale for binding non-signatories is that forum selection clauses promote stable and dependable trade relations, and that it would be contrary to public policy not to enforce a forum selection clause against non-signatory entities through which a party acts.

Highland Crusader Offshore Partners, L.P. v. Targeted Delivery Tech. Holdings, Ltd., NY Slip Op 02991 (1st Dep't May 21, 2020)

Here is the decision.

Spoliation sanctions.

Sanctions are available whether the evidence was destroyed intentionally, willfully, or negligently. In seeking sanctions, the movant must show that the party with control over the evidence had an obligation to preserve it; that the evidence was destroyed with a culpable state of mind; and that the evidence was relevant to the party's case such that the trier of fact could find that the evidence would support the movant's claim or defense. If the destruction of the evidence was intentional or willful, relevance is presumed. If the destruction was negligent, relevance must be established.

China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., NY Slip Op 02987 (1st Dep't May 21, 2020)

Here is the decision.

Tax estoppel.

Under the doctrine, the defendants' act of filing corporate tax returns, signed by one of the defendants, which contained factual statements regarding the plaintiff's ownership interest during the time at issue precludes defendants from taking a contrary position in this litigation.

PH-105 Realty Corp. v. Elayaan, NY Slip Op 02971 (1st Dep't May 21, 2020)

Here is the decision.

A conversion claim.

The claim will be dismissed where it is predicated on the breach of a contract, and the plaintiff alleges no independent facts that are sufficient to give rise to tort liability.

Prospect Funding Holdings, LLC v. Paiz, NY Slip Op 02967 (1st Dep't May 21, 2020)

Here is the decision.

A tortious interference claim.

To support the claim, New York law requires that the contract would not have been breached "but for" the defendant's conduct. If the breach occurs before the defendant's purported inducement, the inducement could not have caused the breach.  A plaintiff's conclusory allegations that the defendant knew about the underlying agreement are insufficient.

Wiesen v. Verizon Communications, Inc., NY Slip Op 02965 (1st Dep't May 21, 2020)

Here is the decision.

CPLR 308(4).

Plaintiff failed to satisfy the statutory requirement of due diligence. The process server attempted to effect service twice at an address that was not defendant's "actual place of business, dwelling place or usual place of abode within the state."  Defendant had moved to Mexico almost a year before service was attempted, and defendant had no contractual obligation to notify plaintiff that his address changed.

Roc-Lafayette Assoc., LLC v. Reuter, NY Slip Op 02885 (1st Dep't May 14, 2020)

Here is the decision.

CPLR 3215(f).

The denial of plaintiff's summary judgment motion extends to plaintiff's motion for a default judgment against the non-appearing defendant-guarantor.

104 Second Realty, LLC v. Beer Factory LLC, NY Slip Op 02886 (1st Dep't May 14, 2020)

Here is the decision.

Motions for summary judgment.

The court may providently exercise its discretion in denying the motion as premature if it is filed while depositions and other discovery remain outstanding.

Cruz v. City of New York, NY Slip Op 02887 (1st Dep't May 14, 2020)

Here is the decision.