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Posted: August 29, 2017
Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence
On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: August 28, 2017
No Breach of Covenant of Good Faith and Fair Dealing; Plaintiff Received Benefits of Contract
On August 23, 2017, the Second Department issued a decision in Rayham v. Multiplan, Inc., 2017 NY Sl… Read More
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Posted: August 27, 2017
Court Rejects Expert Reports That Opined on the Law of Legal Ethics
On August 15, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: August 26, 2017
Questions of Fact on Whether LLC Could Fulfill its Purpose Barred Dissolution Claim's Dismissal
On August 16, 2017, the Second Department issued a decision in Mace v. Tunick, 2017 NY Slip Op. 0617… Read More
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Posted: August 25, 2017
Motion Court Should Not Have Denied Motion to Amend
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
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Posted: August 24, 2017
Letters, Affidavits and Transcripts Not 3211(a)(1) Documentary Evidence
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
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Posted: August 23, 2017
Justices Scheinkman and Garguilo Recently Updated Their Part Rules
Justice Scheinkman of the Westchester County Commercial Division recently updated his Practice Guide… Read More
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Posted: August 22, 2017
Professional Malpractice Claim Dismissed for Failure to Present Adequate Expert Testimony
On August 16, 2017, the Second Department issued a decision in Michael v. He Gin Lee Architect Plann… Read More
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Posted: August 21, 2017
Court Should Not Have Vacated Default Judgment Where There Was No Reasonable Excuse for Default
On August 16, 2017, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2017 NY … Read More
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Posted: August 20, 2017
Insurer Owed Pre-Judgment Interest From Date of Wrongful Disclaimer of Coverage
On August 7, 2017, Justice Ramos of the New York County Commercial Division issued a decision in J.P… Read More
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Posted: August 19, 2017
Limited Liability Company Cannot Appoint Non-Member to Evaluate Derivative Claims
On August 15, 2017, the First Department issued a decision in LNYC Loft, LLC v. Hudson Opportunity F… Read More
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Posted: August 17, 2017
Court Should Not Have Removed Member from LLC Management Without Hearing
On August 15, 2017, the First Department issued a decision in Crabapple Corp. v. Elberg, 2017 NY Sli… Read More
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Posted: August 16, 2017
Motion to Amend Filed After Note of Issue Date Denied Due to Prejudice to Plaintiff
On August 2, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in JB… Read More
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Posted: August 15, 2017
Court Excludes Parol Evidence Despite Lack of Merger Clause
On August 9, 2017, the Second Department issued a decision in Hoeg Corp. v. Peebles Corp., 2017 NY S… Read More
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Posted: August 14, 2017
Court Orders Dissolution of Family-Owned Corporation
On August 3, 2017, following a 6-day bench trial, Justice Dufficy of the Queens County Commercial Di… Read More
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Posted: August 13, 2017
Two-Year Discovery Rule Does Not Save Fraud Claim from Being Time-Barred
On August 7, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: August 12, 2017
Plaintiff Awarded Damages on Conversion Claim Even Though Converted Funds Returned
On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: August 11, 2017
Upcoming Arguments in the Court of Appeals in September
Upcoming arguments in the Court of Appeals that may be of interest to commercial litigators include:… Read More
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Posted: August 10, 2017
Lost Profits Found to be Recoverable as General, Not Consequential, Damages
On August 3, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: August 9, 2017
Insured Not Entitled to Indemnification Because It Settled Claims Without Insurer's Permission
On August 8, 2017, the First Department issued a decision in Bovis Lend Lease (LMB), Inc. v. Arch In… Read More
