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Posted: March 20, 2017
Statute of Limitations Runs From When Contract is Signed, Not When it is Dated
On March 9, 2017, the First Department issued a decision in Natixis Real Estate Capital Trust 2007-H… Read More
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Posted: March 19, 2017
Assignment of Claim"Of Any Nature Whatsoever" Sufficient to Assign Tort Claims
On March 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: March 18, 2017
Insurer Entitled to Judgment as a Matter of Law Based on Plaintiff's Misrepresentations
On March 1, 2017, the Second Department issued a decision in Estate of Gen Yee Chu v. Otsego Mutual … Read More
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Posted: March 17, 2017
Court Properly Granted Default Judgment; No Reasonable Excuse for Default
On March 1, 2017, the Second Department issued a decision in Jing Shan Chen v. R & K 51 Realty, Inc.… Read More
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Posted: March 16, 2017
Attorney Release in Agreement Insufficient to Bind Attorney to Agreement's Arbitration Clause
On March 2, 2017, the First Department issued a decision in Matter of Kramer Levin Naftalis & Franke… Read More
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Posted: March 15, 2017
RMBS Fraud Claim Dismissed for Inability to Tie Losses to Misrepresentations
On March 2, 2017, the First Department issued a decision in Basis PAC-Rim Opportunity Fund (Master) … Read More
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Posted: March 14, 2017
Past Consideration Received and Acknowledged Sufficient Consideration Under Contract
On February 28, 2017, the First Department issued a decision in Neo Universe Inc. v. Ito, 2017 NY Sl… Read More
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Posted: March 13, 2017
Whether Insurer Waived Limitations Period By Seeking Information Creates Question of Fact
On March 2, 2017, Justice Singh of the New York County Commercial Division issued a decision in Anth… Read More
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Posted: March 13, 2017
Allegations of Malicious Prosecution and Defamation Based on Allegations in Complaint Upheld
On February 28, 2017, the First Department issued a decision in Thomas v. G2 FMV, LLC, 2017 NY Slip … Read More
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Posted: March 12, 2017
Art Dealer Forfeits Commission Under Faithless Servant Doctrine
On February 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: March 11, 2017
No Waiver as a Matter of Law Found Where Contract Had Non-Waiver Clause
On March 1, 2017, the Second Department issued a decision in Sunoce Properties, Inc. v. Bally Total … Read More
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Posted: March 10, 2017
First Department Examines Scope of Covenant of Good Faith and Fair Dealing
On February 28, 2017, the First Department issued a decision in Transit Funding Associates, LLC v. C… Read More
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Posted: March 9, 2017
Prior Judgment From English Court Barred New Suit in New York
On February 28, 2017, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche… Read More
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Posted: March 8, 2017
Continuing Wrong Doctrine Does Not Save Plaintiff's Claims Against Credit Card Issuer
On February 23, 2017, the First Department issued a decision in Henry v. Bank of America, 2017 NY Sl… Read More
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Posted: March 7, 2017
No Dismissal Because of Prior Pending Action; Relief Sought Not Substantially the Same
On February 23, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Lt… Read More
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Posted: March 6, 2017
Trial Court Ordered to Determine Undertaking Based on Evidentiary Submissions
On February 23, 2017, the First Department issued a decision in Spivak v. Bertrand, 2017 NY Slip Op.… Read More
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Posted: March 5, 2017
Court Vacates Order Granting Motion to Dismiss Based on Plaintiff’s Counsel’s Failure to Appear at Oral Argument – a Cautionary Tale on the Importance of Using eTrack!
On February 17, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Le… Read More
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Posted: March 4, 2017
Motion to Correct Judgment Cannot be Used to Litigate New Issues
On February 15, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: March 3, 2017
No Fraud Claim for Lost Profits
On February 23, 2017, the First Department issued a decision in Norcast S.ar.l. v. Castle Harlan, In… Read More
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Posted: March 2, 2017
Fraud Claim Survives Split Decision Regarding When Plaintiff Could Have Discovered Claim
On February 23, 2017, the First Department issued a decision in Norddeutsche Landesbank Girozentrale… Read More
