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Posted: March 1, 2017
Terms and Conditions Sent to Party Several Days After Parties' Agreement Part of Contract
On February 21, 2017, the First Department issued a decision in Lion Copolymer, LLC v. Kolmar Americ… Read More
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Posted: February 28, 2017
Arguments of Interest in the Court of Appeals in March 2017
Upcoming arguments in the Court of Appeals of interest to commercial litigators in March 2017 includ… Read More
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Posted: February 28, 2017
Contract Claim Dismissed; Definition of Defined Term Governed, Not Usual Understanding
On February 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: February 27, 2017
Equitable Subrogation Not Available Against Third Party Whose Liability Arises By Contract; Case Remanded For Consideration of Contractual Subrogation Claim
On January 17, 2017, the First Department issued a decision in Millennium Holdings LLC v. Glidden Co… Read More
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Posted: February 26, 2017
Discord Between LLC Members so Severe That it Justified LLC's Dissolution
On February 16, 2017, Justice Dufficy of the Queens County Commercial Division issued a decision in … Read More
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Posted: February 25, 2017
Insurer Adequately Pleads Reliance on RMBS Issuer's Representations
On December 19, 2016, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: February 24, 2017
Default Judgment Denied For Failure to Allege or Provide Facts Showing Liability
On February 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: February 23, 2017
Party Waived Right to Seek Objected-To Discovery By Not Making Timely Motion to Compel
On February 14, 2017, Justice Oing of the New York County Commercial Division issued a decision in N… Read More
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Posted: February 22, 2017
Court Erred in Vacating Undertaking Before Determining Damages Suffered From TRO
On February 16, 2017, the First Department issued a decision in Canales v. Finger, 2017 NY Slip Op. … Read More
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Posted: February 21, 2017
Failure to Agree Does Not Violate Obligation in Term Sheet to Negotiate in Good Faith
On February 10, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: February 20, 2017
First-in-Time Analysis Under CPLR 3211(a)(4) Based on Filing of Summons With Notice
On January 12, 2017, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in… Read More
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Posted: February 19, 2017
Dismissal of Fraudulent Misrepresentation Claim Based on Respondeat Superior Theory Affirmed
On February 14, 2017, the First Department issued a decision in VFP Investments I LLC v. Foot Locker… Read More
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Posted: February 18, 2017
Court Rejects Claim Based on Term Sheet for Later-Memorialized Agremeent
On February 6, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
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Posted: February 17, 2017
Guarantee of Borrower's Obligations Under Agreement Not Document Amenable to CPLR 3213 Action
On February 14, 2017, the First Department issued a decision in PDL Biopharma, Inc. v. Wohlstadter, … Read More
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Posted: February 16, 2017
Broad Coverage Exclusion Does Not Render Insurance Policy "Illusory" Where Some Coverage Is Afforded
On February 14, 2017, the Court of Appeals issued a decision in Lend Lease (US) Construction LMB Inc… Read More
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Posted: February 15, 2017
Fraud Plaintiff Was Reasonable in Relying on Opinion Letter Without Doing Independent Appraisal
On February 10, 2017, the First Department issued a decision in Remediation Capital Funding LLC v. N… Read More
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Posted: February 14, 2017
First Department Affirms Dismissal of Investor Claims Against Rating Agencies as Time-Barred
On February 10, 2017, the First Department issued a decision in Varga v. McGraw Hill Financial, Inc.… Read More
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Posted: February 13, 2017
Court Finds Service of Information Subpoena/Restraining Notice on Party's Counsel Adequate
On February 3, 2017, Justice Singh of the New York County Commercial Division issued a decision in D… Read More
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Posted: February 12, 2017
Contract Claim Dismissed as Vague and Conclusory
On February 1, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
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Posted: February 11, 2017
Dismissal for Lack of Standing Does Not Have Res Judicata Effect on Merits
On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
