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Daily Archives: Monday, April 9, 2018

Posted: April 9, 2018

Transcripts and Videos of Arguments in the Court of Appeals for March 2018 Now Available

On February 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in March 2018: Skanska USA Building, Inc. v Atlantic Yards B2 Owner, LLC (No. 38) (argued on Tuesday, March 20, 2018) (“Contracts–Breach or Performance of Contract–Construction maintenance contract for construction of high-rise residential tower in the… Read more »

Posted: April 9, 2018

Claim for Common Law Indemnification Must Be Based on an Agent’s Negligence, Not Breach of Contract

On March 29, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in W. & M. Operating, L.L.C. v. Bakhshi, 2018 NY Slip Op. 30542(U), dismissing a claim for common law indemnification, explaining: Kay and Stiller correctly argue that neither may be held liable for common law indemnification. The principle of… Read more »