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Posted: December 31, 2016
That Non-Party Witness is a Commercial Division Judge Does Not Justify Change of Venue
On December 22, 2016, the First Department issued a decision in United States Fidelity & Guaranty C… Read More
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Posted: December 29, 2016
Court Dismisses Both Complaint and Counterclaims for Discovery Abuses
On December 14, 2016, Justice Oing of the New York County Commercial Division issued a decision in L… Read More
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Posted: December 28, 2016
No New York Common Law Right to Control Public Performances of Copyrighted Recordings
On December 20, 2016, the Court of Appeals issued a decision in Flo & Eddie, Inc. v. Sirius XM Radio… Read More
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Posted: December 27, 2016
Affirmative Defense Not in Answer Not Waived Because it Was Subsequently Raised and Responded to
On December 15, 2016, the First Department issued a decision in American Stevedoring, Inc. v. Red Ho… Read More
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Posted: December 26, 2016
Court Agrees to Decide Late-Filed Motion to Dismiss
On December 8, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: December 25, 2016
Court Awards Fees-on-Fees, But Drastically Cuts Referee's Award
On December 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: December 24, 2016
Insurance Law § 3404 Does Not Bar Policy Condition That Insured Building Have Sprinklers
On December 9, 2016, Justice Oing of the New York County Commercial Division issued a decision in Il… Read More
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Posted: December 23, 2016
Acceptance of Bid at Auction Created Binding Agreement Notwithstanding Lack of Final Writing
On December 20, 2016, the Court of Appeals issued a decision in Stonehill Capital Management, LLC v.… Read More
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Posted: December 22, 2016
Situs of Injury for Economic Damage is Where Original Critical Events Took Place
On December 7, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: December 21, 2016
Escrow Agent Has Fiduciary Duty to Persons With a Beneficial Interest in the Escrowed Property
On December 14, 2016, the Second Department issued a decision in Sasidharan v. Piverger, 2016 NY Sli… Read More
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Posted: December 20, 2016
Update of Educational Film About the Commercial Division Released
The Commercial Division Advisory Council recently issued an updated version of its educational film … Read More
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Posted: December 20, 2016
Domination, Without Fraud or Bad Act, Insufficient to Prove Veil Piercing Claim
On December 14, 2016, the Second Department issued a decision in Vivir of L I, Inc. v. Ehrenkranz, 2… Read More
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Posted: December 19, 2016
AG's Statutory Fraud Claims Relating to RMBS Sales Timely
On December 13, 2016, the First Department issued a decision in People v. Credit Suisse Sec. (USA) L… Read More
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Posted: December 18, 2016
Default Judgment Based on Refusal to Provide Discovery Has Collateral Estoppel Effect
On December 13, 2016, the First Department issued a decision in Metro Foundation Contractors, Inc. v… Read More
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Posted: December 15, 2016
Irreparable Injury Presumed From Breach of Non-Compete Made In Connection With Sale of Business
On November 29, 2016, the First Department issued a decision in BDC Management Services, LLC v. Sing… Read More
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Posted: December 14, 2016
Law Firm Equitably Estopped from Asserting Defense Against Former Client
On December 6, 2016, the First Department issued a decision in Deep Woods Holdings LLC v. Pryor Cash… Read More
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Posted: December 13, 2016
Broker Not Entitled to Commission for Transaction That Did Not Close
On November 29, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
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Posted: December 12, 2016
Claim for Material Misrepresentation in the Inducement of an Insurance Contract Does Not Require Submission of a Written Application for Insurance
On November 29, 2016, the First Department issued a decision in CIFG Assur. N. Am., Inc. v. J.P. Mor… Read More
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Posted: December 11, 2016
Court Rejects Veil Piercing Claim; Notes That Law Enforces Both Good Deals and Bad
On November 28, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: December 10, 2016
Claim Based on Oral Promise to Pay Employee Fails Where Employee Handbook Required Writing
On December 1, 2016, the First Department issued a decision in Newmark & Co. Real Estate, Inc. v. Fr… Read More
