-
Posted: January 21, 2017
Broad Force Majeure Clause Enforced
On January 17, 2017, the First Department issued a decision in Constellation Energy Services of New … Read More
-
Posted: January 20, 2017
No Dismissal on Foreign Statute of Limitations: Insufficient Evidence of Foreign Law
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
-
Posted: January 19, 2017
Party Waived Right to Serve Discovery Demands by Disregarding Case Management Order Deadlines
On January 17, 2017, the First Department issued a decision in Vandashield Ltd v. Isaacson, 2017 NY … Read More
-
Posted: January 18, 2017
Term Sheet Found to be Binding Contract
On January 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
-
Posted: January 17, 2017
Court Confirms Arbitration Award Despite Party's Misconduct
On January 9, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
-
Posted: January 16, 2017
Fraudulent Inducement Claim Fails for Failure to Prove Out-of-Pocket Damages
On January 12, 2017, the First Department issued a decision in Kumiva Group, LLC v. Garda USA Inc., … Read More
-
Posted: January 15, 2017
Foreign Entity's Designation of Location With Secretary of State Controls for Venue Purposes
On December 21, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Simsh… Read More
-
Posted: January 14, 2017
Court Will Not Enforce Unreasonable Forum Selection Clause
On January 12, 2017, the First Department issued a decision in Prospect Funding Holdings L.L.C v. Ma… Read More
-
Posted: January 13, 2017
No Implied Ratification Where Party Received no Benefit
On January 10, 2017, the First Department issued a decision in La Candelaria E. Harlem Community Cen… Read More
-
Posted: January 12, 2017
Court Had Jurisdiction to Hear Motion for Time to Serve Despite Failure to Serve Within 120 Days
On January 10, 2017, the First Department issued a decision in Zegelstein v. Faust, 2017 NY Slip Op.… Read More
-
Posted: January 11, 2017
Court May Grant Any Relief, Demanded or not, Within its Jurisdiction Appropriate to the Proof
On January 10, 2017, the First Department issued a decision in A&F Hamilton Heights Cluster, Inc. v… Read More
-
Posted: January 10, 2017
Negligent Misrepresentation Claim Against Accountants Fails For Lack of Link to Plaintiff's Use
On January 5, 2017, the First Department issued a decision in GSP Finance LLC v. KPMG LLP, 2017 NY S… Read More
-
Posted: January 9, 2017
RMBS Issuer's Obligation to Cure Triggered by its Discovery of Defects; Notice Unnecessary
On December 29, 2016, the First Department issued a decision in U.S. Bank N.A. v GreenPoint Mortgage… Read More
-
Posted: January 8, 2017
CLE Program: Amendments to the Statewide Commercial Division Rules
On January 11, 2017, Lupkin & Associates partner Jonathan D. Lupkin and associate Rebecca C. Smithwi… Read More
-
Posted: January 7, 2017
No Breach of Contract Claim or Right to Rescind Where Alleged Breach Not Material
On December 8, 2016, Justice Walker of the Erie County Commercial division issued a decision in Matt… Read More
-
Posted: January 6, 2017
Conveyances Fraudulent Under Debtor Creditor Law
On December 22, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
-
Posted: January 5, 2017
Defamation Action Based on Claims Made in Fight to Control Co-op Board Dismissed
On December 28, 2016, the Second Department issued a decision in Holliswood Owners Corp. v. Rivera, … Read More
-
Posted: January 4, 2017
Absent Fraud, Board's Judgment as to Value of Consideration Received for Shares is Conclusive
On December 28, 2016, the Second Department issued a decision in KNET, Inc. v. Ruocco, 2016 NY Slip … Read More
-
Posted: January 3, 2017
Argument of Interest in the Court of Appeals on January 11, 2017
On Wednesday, January 11, 2017, the Court of Appeals will hear oral argument in the following insura… Read More
-
Posted: January 2, 2017
If Party Has No Way of Discovering Problem, Specific Disclaimer May Not Bar Claim
On December 20, 2016, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
