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Posted: November 19, 2016
Quasi-Contract and Tort Claims Cannot Revive Contract Claims Barred by Statute of Frauds
On November 15, 2016, the First Department issued a decision in Komolov v. Segal, 2016 NY Slip Op. 0… Read More
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Posted: November 18, 2016
Once Wire Transfer Request is Accepted, Funds Become Property of the Beneficiary
On November 15, 2016, the First Department issued a decision in Bayerische Hypo-Und Vereinsbank AG v… Read More
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Posted: November 17, 2016
Clothing Designs Other Than Trademarked Logos are Not Protected Intellectual Property
On November 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: November 16, 2016
Malpractice Claim Arises When Malpractice Occurs Not When Malpractice Becomes Apparent
On October 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
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Posted: November 15, 2016
Surety Awarded Summary Judgment Against Bonded Party
On October 28, 2016, Justice Ramos of the New York County Commercial Division issued a post-trial de… Read More
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Posted: November 14, 2016
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
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Posted: November 13, 2016
Discovery Sanction Precluding Party From Offering Testimony or Evidence at Trial Upheld
On November 2, 2016, the Second Department issued a decision in Hasan v. 18-24 Luquer St. Realty, LL… Read More
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Posted: November 12, 2016
Inability to Read English Does Not, Without More, Excuse Failure to Understand Contract
On November 2, 2016, the Second Department issued a decision in Nerey v. Greenpoint Mortgage Funding… Read More
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Posted: November 11, 2016
Signer of Contract on Behalf of Later-Dissolved Corporation Not Liable on Contract
On October 26, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: November 10, 2016
CDO Fraud Claim Upheld; Disclaimers Did Not Shield Defendant from Liability
On November 3, 2016, the First Department issued a decision in Aozora Bank, Ltd. v. J.P. Morgan Secu… Read More
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Posted: November 9, 2016
Arbitral Award Vacated for Failure to Disclose Witness's Criminal Plea Agreement
On October 21, 2016, Justice Ramos of the New York County Commercial Division issued a decision in P… Read More
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Posted: November 8, 2016
No Cause of Action for Accounting Where Demand for Accounting Not Made and Refused
On November 1, 2016, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2016 N… Read More
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Posted: November 8, 2016
Legal Malpractice Claims Arising in Oregon Untimely Under New York Borrowing Statute
On October 21, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
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Posted: November 7, 2016
Argument of Interest in the Court of Appeals in November
On Monday, November 14, 2016 at 2 p.m., the Court of Appeals will hear argument in the following cas… Read More
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Posted: November 7, 2016
When Party Requires that Information it Sells Be Kept Confidential, Information Still Protected
On October 25, 2016, the First Department issued a decision in BitSight Technologies, Inc. v. Securi… Read More
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Posted: November 6, 2016
Dispute Covered by Arbitration Agreement Subject to Arbitration Regardless of Relief Sought
On October 26, 2016, the Second Department issued a decision in Sutphin Retail One, LLC v. Sutphin A… Read More
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Posted: November 5, 2016
Court Upholds Liquidated Damages Clause
On October 26, 2016, the Second Department issued a decision in Markham Gardens, L.P. v. 511 9th, LL… Read More
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Posted: November 4, 2016
Dismissal of Subsequent New York Action Under First-in-Time Rule Proper
On October 26, 2016, the Second Department issued a decision in Seneca Specialty Insurance Co. v. T.… Read More
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Posted: November 3, 2016
Action Should Have Been Dismissed Under First-to-File Rule
On October 27, 2016, the First Department issued a decision in Wachtell, Lipton, Rosen & Katz v. CVR… Read More
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Posted: November 2, 2016
Texas Accountant-Client Privilege Does Not Cover Response to NY AG Subpoena
On October 26, 2016, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
