Was Ski Resort Liable for Injury? Snow skiing presents inherent and foreseeable risks of injury on the slopes. But, as a recent case illustrates, the Court may have to determine if a mechanical failure, such as a faulty tow-line, was a risk that a skier inherently and foreseeably assumed. Lauren Dowd-Dowd-Shedlock was a customer at Toggenburg Ski Center on January 24, 2014 with her three-year-old niece. She was assisting her niece on a beginner’s trail, which had a tow rope consisting of a rope pulling tow, with handles which hung perpendicular to the ground. As Dowd-Shedlock waited with her niece… Read more

Did Owner Have Claim Over Against Third Parties for Triggering the Dispute? Decisions often address claims by a defendant that the harm alleged by the plaintiff was caused by others—and result in so-called “third-party” claims for indemnification of contribution. As a recent case illustrates, the Court may be called upon to assess the viability of such claims. In 2016 Pier Franco Grosso consigned to Phillips Auctioneers LLC artwork in exchange for an advance of $1.5 million. Grosso represented that the artwork was by the late artist Cy Twombly. Phillips estimated the work would sell for $2.5 million to $3.5 million…. Read more

Was Tenant Liable for Increased Holdover Monthly Rent? Many commercial leases require a tenant who makes alterations to the premises to restore the space to its pre-alteration condition at the end of the lease term. But what is the consequence where the tenant timely vacates but fails to restore? 605 Fifth Property Owner LLC sought damages from Luxottica Holding Corp. arising out of an alleged breach of a commercial lease. On December 1, 2009, Luxottica’s predecessor, Sunglass Hut Trading, LLC, executed a lease to take possession of a commercial space located at 605 Fifth Avenue, New York, New York. At… Read more

Were Owner/Operators Liable for Injury? Marcos Illescas alleged in his complaint that he suffered personal injuries after he was allegedly assaulted both inside and in front of a restaurant located at 95-35 40th Road in Queens, City and State of New York. Illescas asserted causes of action for negligent hiring, retention, and supervision against Sabor Latino I, Corp., Sabor Latino Corp., Sabor Latino Events Corp., Sabor Latino Lounge, Inc. and “ABC Security Company” (a fictitious name, real name unknown). The Sabor’s moved for an order granting summary judgment and dismissing the causes of action against them for negligent hiring, retention,… Read more

Court Parses Agreements and Arts and Cultural Affairs Law Clean Art Works, Inc. operated the Marianne Boesky Gallery and served as the gallery representative for Diana Al-Hadid until 2019. During that time, Art Works advanced funds, such as studio rent and fabrication, and framing and crating costs, to Al-Hadid to further her career. In 2009, Al-Hadid created a bronze sculpture fabricated in a five piece limited edition. An undated contract between Al-Hadid and Graphicstudio stated that Graphicstudio would fabricate the sculptures, three of which were numbered as 1/3, 2/3 and 3/3 and two numbered as “Artist’s Proofs” AP 1/2 and… Read more

Were Claims Barred by Statute of Limitations or Otherwise? Sure, Inc., an insurance technology (insurtech) company, alleged that one of its former directors, Alex Maffeo, misappropriated Sure’s confidential trade secrets. He then used that information to start a competing business through Boost Insurance Agency USA, Inc. and Boost Insurance Agency, Inc. Sure claimed that Boost used Sure’s confidential information to unfairly compete against Sure and to “steal” Sure’s existing and prospective customers and business partners. Boost moved to dismiss the complaint, arguing that it was time-barred and insufficiently pled. Sure is a Delaware corporation with a principal place of business… Read more

Court Addresses Viability of Battery Claim Sherwood Martinelli alleged that, during the course of filming the show “Ray Donovan,” Liev Schreiber intentionally struck him, making contact with his person and destroying personal property. The first cause of action alleged that Showtime Networks Inc. and The Mark Gordon Company d/b/a Entertainment One failed to supervise with reasonable care, was negligent in its hiring of Schreiber, and failed to take any precautions to prevent an attack. The second cause of action alleged that he intentionally struck Martinelli and destroyed personal property. Martinelli moved for summary judgment on the battery cause of action. He… Read more

Court Applies UCC and GOL Statutes of Fraud One of the threshold issues in commercial disputes is often the characterization of the transaction and/or the relief sought. As a recent case involving various claims to the proceeds of the sale of a diamond based upon an alleged oral agreement illustrates, adjudication of the nature of the case may be dispositive when it comes to the defense of the statute of frauds. Basal Trading and Sons Ltd. alleged an oral partnership agreement with M&G Diamonds, Inc. and Roman Malakov Diamonds, LLC. According to the complaint, the partnership interest was divided equally… Read more

Was Canine’s Owner Liable for Negligence or Otherwise? Scenario: Cyclist riding in Central Park. Owner of off-leash dog playing fetch. Dog chases tennis ball into the road. Bike rider is injured in fall. Litigation ensues. On April 25, 2019, Joan Decollibus was riding her bicycle through Central Park when a dog named Lola, owned by Barry Schimmel, ran into the bicycle lane and caused Decollibus to fall off her bike. On October 18, 2019, Decollibus sued Schimmel alleging negligence, strict liability, and violations of the City of New York Department of Parks and Recreation Leash Law. After the completion of depositions, Schimmel… Read more

Court Adjudicates Who/What Killed The Fat Cow The Court held a two-week virtual bench trial in this matter concerning a dysfunctional business relationship involving a Los Angeles restaurant, the Fat Cow LLC, that had no tie-breaking mechanism in the LLC formation documents. Rowan Seibel and Gordon Ramsey and GR US Licensing were (more or less) 50/50 owners of Fat Cow LLC. Siebel sought damages for breach of contract and breach of fiduciary duty. The Court found Seibel not credible-primarily because it appeared he fabricated evidence and then compounded that fabrication by using the same evidence to lie to the Court. Seibel, who at… Read more