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Posted: November 1, 2016
Additional Insured Endorsement Only Covered Parties That General Contractor Was Required By Written Contract to Name As Additional Insureds
On October 6, 2016, the First Department issued a decision in Three Boroughs, LLC v. Endurance Ameri… Read More
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Posted: November 1, 2016
Managing Member of LLC Has Fiduciary Duty to Both LLC and Other Members
On October 11, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: October 31, 2016
Acquisition of Notes Champertous; Purchaser Lacks Standing to Assert Claims
On October 27, 2016, the Court of Appeals issued a decision in Justinian Capital SPC v. WestLB AG, 2… Read More
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Posted: October 31, 2016
In Pari Delicto Defense Can Be Asserted Against Bankruptcy Trustee
On October 18, 2016, the First Department issued a decision in New Greenwich Litigation Trustee, LLC… Read More
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Posted: October 30, 2016
Defendant's RMBS Breach Analyses Not Protected Work Product
On October 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: October 29, 2016
Family Relationship of Majority of Managers Does Not Excuse Demand in Derivative Suit
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: October 28, 2016
Attorney Properly Disqualified Under Attorney-Witness Rule
On October 19, 2016, the Second Department issued a decision in Bajohr v. Berg, 2016 NY Slip Op. 067… Read More
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Posted: October 27, 2016
Argument Barred by Judicial Estoppel
On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: October 26, 2016
Claim That Invoices Were Disputed Orally Defeats Summary Judgment on Account Stated Claim
On October 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in B… Read More
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Posted: October 25, 2016
Decision to Disqualify Counsel in Arbitration is for Court, Not Arbitrator
On October 14, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: October 24, 2016
Allegations of Deceit or Wrongdoing Necessary for Veil Piercing Claim
On October 20, 2016, the First Department issued a decision in Pensmore Investments, LLC. v Gruppo, … Read More
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Posted: October 23, 2016
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the Comme… Read More
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Posted: October 21, 2016
Party That Frustrates Performance of Condition Cannot Claim Breach Based on Non-Performance
On October 4, 2016, Justice Oing of the New York County Commercial Division issued a decision in Nes… Read More
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Posted: October 20, 2016
Stipulated Facts at Trial Not Actually Litigated And So Have No Collateral Estoppel Effect
On October 12, 2016, the Second Department issued a decision in Douglas Elliman, LLC v. Silver, 2016… Read More
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Posted: October 19, 2016
Shareholders Had Common-Law Right to Inspect Books and Records of Corporate Subsidiary
On October 11, 2016, the First Department issued a decision in Matter of Pokoik v. 575 Realties, Inc… Read More
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Posted: October 18, 2016
Return of Files One Day Later Than Called for in Settlement Agreement Not Material Breach
On October 11, 2016, the First Department issued a decision in Madison Ave. Diamonds LLC v. KGK Jewe… Read More
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Posted: October 17, 2016
Broad Choice-of-Law Provision Does Not Preclude Application of Borrowing Statute (CPLR 202)
On October 11, 2016, the First Department issued a decision in 2138747 Ontario, Inc. v. Samsung C&T … Read More
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Posted: October 16, 2016
Plaintiff Bound by Arbitration in Partnership Agreement Even Though He Had Not Signed Agreement
On October 11, 2016, the First Department issued a decision in Gibbs v. Holland & Knight, LLP, 2016 … Read More
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Posted: October 15, 2016
Breach of Contract Claim Accrues Anew for Each Breach of a Recurring Duty to Pay
On October 4, 2016, the First Department issued a decision in Lebedev v. Blavatnik, 2016 NY Slip Op.… Read More
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Posted: October 14, 2016
Tortious Interference Claims Dismissed; No Wrongful or Unjustified Conduct
On September 30, 2016, Justice Bransten of the New York County Commercial Division issued a decision… Read More
