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Posted: December 9, 2016
Covenant of Good Faith and Fair Dealing Did Not Prevent Contract Termination
On November 30, 2016, the Second Department issued a decision in ELBT Realty, LLC v. Mineola Garden … Read More
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Posted: December 8, 2016
Accounting Malpractice Claim Properly Dismissed for Lack of Privity
On November 30, 2016, the Second Department issued a decision in Weinstein v. CohnReznick, LLP, 2016… Read More
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Posted: December 7, 2016
Default Judgment Reversed; Law Office Failure Sufficient Excuse
On November 29, 2016, the First Department issued a decision in Cheri Restaurant Inc. v. Eoche, 2016… Read More
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Posted: December 6, 2016
Strict Compliance With Notice Provision Not Required In Real Estate Case
On November 28, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
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Posted: December 5, 2016
First Department Reverses Trial Court Approval of Derivative Action Settlement
On November 29, 2016, the First Department issued a decision in Company v. Clayton Dubilier & Rice, … Read More
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Posted: December 4, 2016
Court Excuses Untimely Motion for Default Judgment
On November 21, 2016, Justice Hudson of the Suffolk County Commercial division issued a decision in … Read More
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Posted: December 3, 2016
Disagreement Over LLC Management Insufficient Grounds for Dissolution
On November 18, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Matte… Read More
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Posted: December 2, 2016
Amended Operating Agreement Not Documentary Evidence Proving Plaintiff Was Not an LLC Member
On November 22, 2016, Justice Knipel of the Kings County Commercial Division issued a decision in Cu… Read More
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Posted: December 1, 2016
Court of Appeals Grants Leave to Appeal in Case Regarding Application of Res Judicata to Unasserted Compulsory Counterclaims in Prior Federal Action
On November 22, 2016, the Court of Appeals granted leave to appeal in Paramount Pictures Corp. v. Al… Read More
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Posted: November 30, 2016
Board Did Not Breach Fiduciary Duty By Entering Into Management Contract With Former Employees
On November 22, 2016, the First Department issued a decision in Doppelt v. Denahan, 2016 NY Slip Op.… Read More
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Posted: November 29, 2016
Party Could Not Raise Illegality Defense After Other Party Had Performed
On November 16, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
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Posted: November 28, 2016
Insurance Law § 3420 Does Not Apply to Investment Losses
On November 15, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
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Posted: November 27, 2016
Party Who Agreed to Be Tie-Breaker Vote for LLC Members Had Fiduciary Duty to Members
On November 21, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
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Posted: November 26, 2016
Warranty of Habitability Does Not Include Right to Create Additional Habitable Space
On November 22, 2016, the First Department issued a decision in Seigel v. Dakota, Inc., 2016 NY Slip… Read More
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Posted: November 25, 2016
Transcripts and Videos of Arguments in the Court of Appeals for November 2016 Now Available
On November 7, 2016, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
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Posted: November 24, 2016
Personal Jurisdiction Found Based on Use of New York Correspondent Banks to Launder Funds
On November 22, 2016, the Court of Appeals issued a decision in Rushaid v. Pictet & Cie, 2016 NY Sli… Read More
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Posted: November 23, 2016
Former Employees Can be Ordered to Repay Salaries under Faithless Servant Doctrine
On November 22, 2016, the First Department issued a decision in Beach v. Touradji Capital Management… Read More
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Posted: November 22, 2016
RMBS Fraud Claims Upheld; Plaintiff Was Justified in Relying on Misrepresentations
On November 17, 2016, the First Department issued a decision in Phoenix Light SF Ltd. v. Credit Suis… Read More
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Posted: November 21, 2016
Failure to Give Notice and Opportunity to Defend Fatal to Indemnification Claim
On November 17, 2016, the First Department issued a decision in Conergics Corp. v. Dearborn Mid-West… Read More
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Posted: November 20, 2016
At-Will Sales Employee Not Entitled to Post-Termination Commissions
On November 18, 2016, the Fourth Department issued a decision in Moore-Haarr v. Z-AXIS, Inc., 2016 N… Read More
