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Daily Archives: Monday, November 6, 2017

Posted: November 6, 2017

Upcoming Arguments in the Court of Appeals in November

Upcoming arguments in the Court of Appeals in November 2017 that may be of interest to commercial litigators include: Desrosiers v Perry Ellis Menswear (No. 121) (to be argued Tuesday, November 14, 2017) (“Actions–Class Actions–Whether putative class members were entitled to notice of discontinuance of the action under CPLR 908 despite that the time for… Read more »

Posted: November 6, 2017

Contract That Did Not Recite Past Consideration Upon Which it Was Based Unenforceable

On November 2, 2017, the First Department issued a decision in Korff v. Corbett, 2017 NY Slip Op. 07677, dismissing a breach of contract claim because the contract upon which it was based did not recite the past consideration upon which it was based, explaining: General Obligations Law (GOL) ยง 5-1105 provides: A promise in… Read more »