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Posted: May 19, 2017
First Department Recognizes Multiple Theories For RMBS Trustee
On May 11, 2017, the First Department issued a decision in Bank of N.Y. Mellon v. WMC Mortgage, LLC,… Read More
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Posted: May 18, 2017
Court Will Ignore Corporate Form When it is Used to Perpetrate a Fraud
On April 7, 2017, Justice Dufficy of the Queens County Commercial Division issued a decision in Nand… Read More
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Posted: May 17, 2017
First-Filed New York Action Dismissed in Favor of More Comprehensive Texas Action
On May 9, 2017, the First Department issued a decision in IRX Therapeutics, Inc. v. Landry, 2017 NY … Read More
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Posted: May 15, 2017
Demand of Complaint May Be Made Before Proof of Service is Filed
On May 4, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v. … Read More
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Posted: May 14, 2017
Fraud Claim Dismissed for Lack of Reasonable Reliance
On April 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: May 13, 2017
Sole Remedy for Fraud on Court in Prior Proceeding is Motion to Vacate Under CPLR 5015(a)(3)
On April 28, 2017, the Fourth Department issued a decision in MAA-Sharda, Inc. v. First Citizens Ban… Read More
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Posted: May 12, 2017
Declaratory Judgment Claim Justiciable Even Though Option Had Not Yet Been Exercised
On April 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: May 11, 2017
No-Oral-Modification Clause Precluded Defense That Bank Said it Would Refinance
On April 27, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: May 10, 2017
Oral Contract Barred by Statute of Frauds
On May 4, 2017, the First Department issued a decision in Galopy Corp. Intl., N.V. v. Deutsche Bank,… Read More
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Posted: May 9, 2017
Fiduciary Tolling Applied to Claim Seeking Both Legal and Equitable Relief
On April 20, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: May 8, 2017
Short-Term, Worldwide Restrictive Covenant Enforced
On April 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: May 7, 2017
Even if Statutory Basis for Attachment Met, Must be Showing Judgment Will Not Be Paid
On April 21, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
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Posted: May 6, 2017
No Veil Piercing Jurisdiction Unless Defendant Used Corporate Form to Harm or Defraud
On April 25, 2017, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More
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Posted: May 5, 2017
Court of Appeals Affirms Dismissal of Fraudulent Inducement Claim for Failure to Plead "Actual Pecuniary Loss"
On May 2, 2017, the Court of Appeals issued a decision in Connaughton v. Chipotle Mexican Grill, Inc… Read More
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Posted: May 4, 2017
Collateral Holder's Disposition of Collateral Was Reasonable
On April 27, 2017, the First Department issued a decision in Bank Leumi USA v. GM Diamonds, Inc., 20… Read More
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Posted: May 3, 2017
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the Comme… Read More
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Posted: May 3, 2017
Court Enforces Settlement Agreement Where Defendants Accepted the Benefits Despite Parties’ Non-Compliance With a Contract Provision
On April 6, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: May 2, 2017
Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
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Posted: May 2, 2017
Arbitration Provisions in Agreements Enforced Despite Claim That Agreements Were Invalid
On April 14, 2017, Justice Singh of the New York County Commercial Division issued a decision in Sou… Read More
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Posted: May 1, 2017
Justices Chimes and Nowak Post Part Rules
Justices Deborah Chimes and Henry J. Nowak of the Eighth Judicial District Commercial Division recen… Read More
