Blogs

Monthly Archives: January 2015

Posted: January 12, 2015

Client Q&A: We had an agreement, but . . .

We had an agreement, but . . . By Vitali S. Rosenfeld If lawyers had their way, every business transaction would be documented by a comprehensive written contract signed by everyone involved. But the reality is often different. Sometimes the parties discuss additional terms that are not included in the written agreement. Sometimes the parties… Read more »

Posted: January 11, 2015

Another Commercial Division Rejection of a Class Action Settlement

On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in City Trading Fund v. Nye, 2015 NY Slip Op. 50008(U), refusing to approve a class action settlement. In a decision reminiscent of Justice Schweitzer’s recent decision in Gordon v. Verizon Communications, Inc., 2014 NY Slip Op. 33367(U), the… Read more »

Posted: January 8, 2015

At-Will Employee Can Assert Breach of Contract Claim for Wages Owed

On December 31, 2014, the Second Department issued a decision in Webb v. Greater N.Y. Auto. Dealers Assn., Inc., 2014 NY Slip Op. 09121, holding that an at-will employee could bring a breach of contract claim relating to her employment when the claim was for wages already earned. In Webb, the Second Department reversed the… Read more »

Posted: January 7, 2015

CPLR No Longer Requires Affidavits from Foreign Witnesses

Effective January 1, 2015, CPLR 2106 is amended to provide: (b) The statement of any person, when that person is physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States, subscribed and affirmed by… Read more »

Posted: January 6, 2015

Court Rejects Class Action Settlement

On December 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Gordon v. Verizon Communications, Inc., 2014 NY Slip Op. 33367(U), refusing to approve a settlement of “a putative class action litigation centered on an acquisition by Verizon . . . of a substantial, minority interest in a wireless… Read more »