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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
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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
