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Posted: October 14, 2017
Construction-Related Claims Barred by "No Damages for Delay" Clause
On September 28, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in P… Read More
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Posted: October 13, 2017
Clear and Convincing Standard of Proof Not Applied at Summary Judgment
On September 28, 2017, Justice Friedman of the New York County Commercial Division issued a decision… Read More
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Posted: October 12, 2017
RMBS Trustee Sanctioned for Using Data Sought From Quashed Subpoenas
On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: October 11, 2017
LLC Does Not Owe Fiduciary Duties to its Members
On September 28, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
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Posted: October 10, 2017
Plaintiff Fails to Provide Evidence Showing Jurisdiction Over Foreign Shipping Company
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: October 9, 2017
CPLR 205(a) Statute of Limitations Extension Does Not Apply to Voluntarily Discontinued Action
On October 4, 2017, the Second Department issued a decision in EB Brands Holdings, Inc. v. McGladrey… Read More
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Posted: October 8, 2017
Court Refuses to Dismiss Malpractice Claim By Non-Party to Engagement Letter
On September 26, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: October 7, 2017
Reaching Out to New York Bank to Negotiate Loan Agreements Created Personal Jurisdiction
On September 25, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: October 6, 2017
Breach of Contract Claim Dismissed for Failure to Identify Particular Provision That was Breached
On October 6, 2017, the Fourth Department issued a decision in Barrett v. Grenda, 2017 NY Slip Op. 0… Read More
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Posted: October 5, 2017
Destroyed Evidence Presumed Relevant When it is Intentionally Deleted
On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Cor… Read More
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Posted: October 4, 2017
Unsigned Employment Agreement Void Under Statute of Frauds
On September 20, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
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Posted: October 3, 2017
Upcoming Arguments in the Court of Appeals in October
Upcoming argument in the Court of Appeals that may be of interest to commercial litigators include: … Read More
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Posted: October 2, 2017
Commercial General Liability Insurance Policy Did Not Cover Breach of Contract Claim
On September 27, 2017, the Second Department issued a decision in J.W. Mays, Inc. v. Liberty Mutual … Read More
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Posted: October 1, 2017
Transcripts and Videos of Arguments in the Court of Appeals for September 2017 Now Available
On August 11, 2017, we noted three cases of interest from the oral arguments before the Court of App… Read More
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Posted: September 30, 2017
Term Sheet Not a Binding Contract
On September 26, 2017, the First Department issued a decision in Keitel v. E*TRADE Financial Corp., … Read More
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Posted: September 29, 2017
Fraudulent Inducement Claims Dismissed on Summary Judgment: No Reasonable Reliance
On September 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: September 28, 2017
Unreasonably Lengthy and Frivolous Investigation Sufficient Basis for Breach of Implied Covenant of Good Faith and Fair Dealing
On September 15, 2017, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
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Posted: September 27, 2017
Court Rejects Allegations of Conspiracy-Based Personal Jurisdiction
On September 8, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
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Posted: September 26, 2017
Plaintiff's Voluntary Payment of Disputed Sum and Delay in Bringing Suit Dooms Claims
On September 18, 2017, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: September 25, 2017
Veil Piercing Claim Not Incompatible with Indemnification Claim
On September 7, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
