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Posted: July 17, 2017
Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument
On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Ener… Read More
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Posted: July 16, 2017
Plaintiff's Amended Claims Found to Relate Back to Date of Original Complaint
On June 29, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Seidler v… Read More
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Posted: July 15, 2017
Movant Failed to Meet High Burden of Showing That Opponent's Conduct Was Frivolous
On July 5, 2017, the Second Department issued a decision in West Hempstead Water District v. Buckeye… Read More
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Posted: July 14, 2017
Non-Parties Bound by Contract's Forum Selection Clause
On June 27, 2017, Justice Scarpulla of the New York County Commercial division issued a decision in … Read More
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Posted: July 13, 2017
Time-Barred Claims Could be Used as Counterclaims Under Equitable Recoupment Doctrine
On June 29, 2017, the First Department issued a decision in California Capital Equity, LLC v. IJKG, … Read More
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Posted: July 12, 2017
Quantum Meruit Claim for Work Done Based on Promise of Contract Award in Future Upheld
On June 29, 2017, the First Department issued a decision in H. & L. Electric Inc. v. Midtown Equitie… Read More
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Posted: July 11, 2017
Partnership Agreement's Arbitration Provision Governs Later Agreement to Sell Partnership Assets
On June 27, 2017, the First Department issued a decision in Matter of Capital Enterprises Co. v. Dwo… Read More
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Posted: July 10, 2017
Failure to Comply With Discovery Orders Warranted Dismissal and Monetary Sanctions
On June 21, 2017, the Second Department issued a decision in 150 Centreville, LLC v. Lin Associates … Read More
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Posted: July 9, 2017
Insurers' Repudiation of Liability Relieves Insured of Obligation to Cooperate
On June 27, 2017, the First Department issued a decision in J.P. Morgan Securities Inc. v. Vigilant … Read More
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Posted: July 8, 2017
Counsel Sanctioned for Making Multiple Motions for the Same Relief
On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tric… Read More
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Posted: July 7, 2017
Fraud Claims Subject to Broad Arbitration Clause
On June 27, 2017, the First Department issued a decision in New York Marine and General Insurance Co… Read More
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Posted: July 6, 2017
Theft of Trade Secrets Claim Fails; Customer Lists Were Not Shown to be Secret
On June 28, 2017, the Second Department issued a decision in Tri-Star Lighting Corp. v. Goldstein, 2… Read More
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Posted: July 5, 2017
Schlam Stone & Dolan LLP Partners Present CLE on Commercial Division Rules
On Friday, July 21, 2017, from 3:00 PM - 5:00 PM New York time, Schlam Stone & Dolan partners Jeffre… Read More
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Posted: July 4, 2017
Court Upholds Implied Covenant Claim Based on Frustration of Plaintiff's Efforts to Recover Funds
On June 22, 2017, the First Department issued a decision in Tillage Commodities Fund, L.P. v. SS&C T… Read More
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Posted: July 3, 2017
Unconscionability Can be Basis for Disregarding Statute of Frauds But Standard is Demanding
On June 29, 2017, the Court of Appeals issued a decision in Matter of Hennel, 2017 NY Slip Op. 05266… Read More
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Posted: July 2, 2017
Complaint Dismissed for Impermissibly Mixing Direct and Derivative Claims
On June 15, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Guindi… Read More
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Posted: July 1, 2017
Affidavit With E-mails and Account Analysis Not Documentary Evidence
On June 13, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in N… Read More
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Posted: June 30, 2017
Court of Appeals Accepts Certified Questions Regarding Calculation of Damages and Prejudgment Interest in Trade Secret Cases
On June 27, 2017, the Court of Appeals accepted two certified questions from the Second Circuit in E… Read More
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Posted: June 30, 2017
Derivative Lawsuits Stayed In Favor of Related Suits in Federal Court
On June 7, 2017, Justice Singh of the New York County Commercial Division issued a decision in Reave… Read More
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Posted: June 29, 2017
Telephone and E-mail Communications to New York Insufficient to Create Personal Jurisdiction
On June 22, 2017, the First Department issued a decision in Ripplewood Advisors, LLC v. Callidus Cap… Read More
