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Posted: April 11, 2017
Collateral Manager Not Entitled to Expense Payments Greater Than Provided by Contract
On March 31, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: April 10, 2017
Transfer Agent Not Bound By Forum Selection Clause in Notes
On March 30, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: April 9, 2017
Fraud Claim Based on Same Facts as Legal Malpractice Claim Dismissed
On March 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: April 8, 2017
Person Who Signed Agreement on Behalf of LLC Before LLC Was Formed Can Be Held Personally Liable
On April 6, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc. v.… Read More
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Posted: April 7, 2017
Negligent Representation Claim Fails; No Special Relationship
On April 4, 2017, the First Department issued a decision in Coöperative Centrale Raiffeisen-Boerenl… Read More
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Posted: April 6, 2017
Questions of Fact Regarding When Representation Ended Precluded Dismissal of Malpractice Claim
On April 5, 2017, the Second Department issued a decision in Stein Industries, Inc. v. Certilman Bal… Read More
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Posted: April 5, 2017
RMBS Settlement Proceeds Must Be Distributed As Provided By Terms of Agreements
On March 31, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: April 3, 2017
Court Approves Disclosure-Only Class Action Settlement
On March 24, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: April 2, 2017
Preliminary Injunction Issued Requiring Defendant to Record Mortgages in Plaintiff's Favor
On March 22, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Sut… Read More
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Posted: April 1, 2017
Acquiror of Judgment Debtor's Assets Not Liable as Debtor's Successor
On March 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Kolo… Read More
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Posted: March 31, 2017
Claims Barred by in Pari Delicto Doctrine
On March 28, 2017, the First Department issued a decision in Romanoff v. Romanoff, 2017 NY Slip Op. … Read More
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Posted: March 29, 2017
Contract Claim Fails for Lack of Contractually-Required Notice and Opportunity to Cure
On March 20, 2017, Justice Kornreich issued a decision in Gottwald v. Sebert, 2017 NY Slip Op. 30521… Read More
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Posted: March 28, 2017
Defendant Who Was Party to Contract Liable Even Though His Employer Also Had Contract With Plaintiff
On March 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Lord… Read More
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Posted: March 27, 2017
Plaintiff Bound by Terms Incorporated by Reference into Purchase Order
On March 24, 2017, the Fourth Department issued a decision in Auburn Custom Millwork, Inc. v. Schmid… Read More
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Posted: March 26, 2017
Ownership Interest in LLC is Intangible Property Not Subject to Conversion
On March 23, 2017, the First Department issued a decision in Saleeby v. Remco Maintenance, LLC, 2017… Read More
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Posted: March 25, 2017
IM's Did Not Create Contract Because Deal Was "Subject To" Further Documentation
On March 23, 2017, the First Department issued a decision in Luxor Capital Group, L.P. v. Seaport Gr… Read More
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Posted: March 24, 2017
Parties' Course of Conduct Trumps No-Oral-Waiver Clause
On March 22, 2017, the Second Department issued a decision in Kamco Supply Corp. v. On the Right Tra… Read More
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Posted: March 23, 2017
Judiciary Law § 478 Claim Cannot Be Based on Attorney Conduct in Arbitration
On March 16, 2017, the First Department issued a decision in Doscher v. Mannatt, Phelps & Phillips, … Read More
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Posted: March 22, 2017
Defendant Waived Forum Selection Clause By Failing Timely to Object to Forum
On March 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: March 21, 2017
Vacatur Based on Releases Denied; Defendant Failed Timely to Raise Issue
On March 7, 2017, the First Department issued a decision in Grinshpun v. Borokhovich, 2017 NY Slip O… Read More
