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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: August 23, 2015

Court Finds Issue of Fact on Voluntary Payment Doctrine Defense

On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in Kellman v. Document Security Systems, Inc., 2015 NY Slip Op. 51163(U), finding an issue of fact regarding the applicability of the defense of voluntary payment, which “provides a defense where a party seeking the recovery of a payment made the payment without protest or even inquiry and were not laboring under any material mistake of fact.”

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