A recent favorable ruling secured by OLSS in New York Supreme Court Commercial Division was featured on the front page of the January 13-14 electronic edition of the New York Law Journal. The ruling largely denied a motion by Florida-based AmLaw 200 law firm Greenspoon Marder LLP to dismiss a lawsuit brought by OLSS on behalf of its client Cityside Archives for breaches of a document storage contract.
The action arises from Greenspoon Marder’s attempt to disavow Cityside’s document storage contract with a smaller New York law firm it had acquired. Turning the acquired law firm into its New York City outpost, Greenspoon Marder directed Cityside to send it any future invoices and then continued to use Cityside’s services through that office in the same manner as the acquired firm had done for nearly two years before suddenly renouncing all responsibility under the contract.
Judge Andrew Borrok ruled that Greenspoon Marder’s continued, knowing use of Cityside’s services, including calling up boxes from and sending boxes to storage, clearly signaled the firm’s “assent” to its acquired office’s contract with Cityside.
OLSS partner David Gorvitz and associate Alexander Firsichbaum have represented Cityside in this case.