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Posted: May 1, 2017
Settlement Agreement's Release and Integration Clause Barred Fraudulent Inducement Claims
On April 18, 2017, Justice Singh of the New York County Commercial Division issued a decision in Glo… Read More
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Posted: April 30, 2017
Breach of Contract Claim Dismissed: Counteroffer Extinguished Offer
On April 17, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Kei… Read More
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Posted: April 29, 2017
Fraudulent Inducement Claim Dismissed For Failure to Allege Due Diligence
On April 7, 2017, Justice Bransten of the New York County Commercial Division issued a decision in D… Read More
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Posted: April 28, 2017
Continuous Representation Doctrine Inapplicable if Limitation Period Set By Contract, Not Statute
On April 20, 2017, the First Department issued a decision in Aaron v. Deloitte Tax LLP, 2017 NY Slip… Read More
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Posted: April 27, 2017
Motion Extending Time to Serve Made 18 Months After Service Was Contested Not Improperly Granted
On April 20, 2017, the First Department issued a decision in Deutsche Bank, AG v. Vik, 2017 NY Slip … Read More
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Posted: April 26, 2017
Insurer Required to Provide Coverage Because of Flaws in its Letter Disclaiming Coverage
On April 19, 2017, the Second Department issued a decision in Unified Window Systems, Inc. v. Endura… Read More
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Posted: April 25, 2017
Communications With Insurance Brokers Not Privileged
On April 17, 2017, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
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Posted: April 24, 2017
Defendant Need Not Make Misrepresentations to be Liable for Aiding and Abetting Fraud
On April 13, 2017, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
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Posted: April 23, 2017
Action Dismissed for Failure Timely to Respond to Demand for Complaint
On February 21, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
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Posted: April 22, 2017
Collateral Estoppel Does Not Bar Claims Regarding Painting's Ownership
On April 18, 2017, the First Department issued a decision in Reif v. Nagy, 2017 NY Slip Op. 02920, h… Read More
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Posted: April 21, 2017
Court Rejects Late-Filed Opposition to Motion
On April 3, 2017, Justice Whelan of the Suffolk County Commercial Division issued a decision in Nati… Read More
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Posted: April 20, 2017
Plaintiff Lacked Standing to Bring Derivative Claims on Behalf of LLC
On April 12, 2017, Justice Oing of the New York County Commercial Division issued a decision in Poko… Read More
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Posted: April 19, 2017
Plaintiff And Defendant’s Counsel Both Disqualified Due To Simultaneous Conflicted Representations
On March 3, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in G… Read More
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Posted: April 18, 2017
Extrinsic Evidence May be Admitted Prior to Exclusion Being Strictly Construed Against Insurer
On April 13, 2017, the First Department issued a decision in Heartland Brewery, Inc. v. Nova Casualt… Read More
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Posted: April 17, 2017
RMBS Plaintiff's Claims Dismissed Because of Failure Properly to Assign Tort Claims
On April 12, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Roy… Read More
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Posted: April 16, 2017
Appeal Dismissed Because Notice of Appeal Filed More Than 30 Days After Notice of Entry
On April 11, 2017, the First Department issued a decision in Hill Dickinson LLP v. Il Sole Ltd., 201… Read More
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Posted: April 15, 2017
Striking Answer as Discovery Sanction Upheld
On April 12, 2017, the Second Department issued a decision in Mears v. Long, 2017 NY Slip Op. 02782,… Read More
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Posted: April 14, 2017
Full Amount of Defense Costs in Underlying Action Recoverable as Damages for Wrongful Attachment
On April 11, 2017, the First Department issued a decision in Citibank, N.A. v. Keenan Powers & Andre… Read More
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Posted: April 13, 2017
Upcoming Arguments of Interest in the Court of Appeals
Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators inc… Read More
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Posted: April 12, 2017
No Conspiracy to Breach Fiduciary Duty Claim When Underlying Tort Not Alleged
On March 29, 2017, Justice Oing of the New York County Commercial Division issued a decision in Sira… Read More
