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Daily Archives: Friday, December 6, 2013

Posted: December 6, 2013

County Should Have Returned Firearms Despite Gap In State Law

In Dudek v. Nassau County Sheriff’s Department, 12 CV 1193 (E.D.N.Y. Nov. 19, 2013), Judge Pamela Chen was called upon to resolve what one state court had called a “legislative oversight”:  family court judges have statutory authority to confiscate firearms from individuals involved in domestic incidents, but do not have explicit statutory authority to order... Read more »

Posted: December 6, 2013

No Negligent Misrepresentation Claim From Arm’s Length Transaction Between Sophisticated Parties

On November 26, 2013, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Sports & Entertainment Ltd., 2013 N.Y. Slip Op. 07860, affirming a decision finding that there was no “special relationship” between the parties in an arm’s length commercial transaction. In Zohar, the trial court dismissed a negligent misrepresentation claim,... Read more »