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Posted: October 13, 2016
Court Orders Joinder of Prior Tenant as Necessary Party
On October 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Al… Read More
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Posted: October 12, 2016
Court Properly Enjoined Litigation in Venue Other Than That Provided in Forum Selection Clause
On October 4, 2016, the First Department issued a decision in Madden International, Ltd. v. Lew Foot… Read More
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Posted: October 11, 2016
Demand Futility Allegations in Amended Complaint Judged Based on Facts at Time of Amendment
On October 4, 2016, the First Department issued a decision in Korsinsky v. Winkelreid, 2016 NY Slip … Read More
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Posted: October 10, 2016
Insured Not Entitled To Recover Attorneys’ Fees in Coverage Action
On September 30, 2016, the Fourth Department issued a decision in Zelasko Constr., Inc. v. Merchants… Read More
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Posted: October 9, 2016
Arguments of Interest in the Court of Appeals in October
Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include: Flo &… Read More
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Posted: October 8, 2016
Transcripts and Videos of Arguments in the Court of Appeals for September 2016 Now Available
On August 25, 2016, we noted two cases of interest from the oral arguments before the Court of Appea… Read More
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Posted: October 7, 2016
No Contract Claim Where Plaintiff Did Not Give Required Notice and Opportunity to Cure
On September 27, 2016, the First Department issued a decision in Safka Holdings, LLC v. 220 W. 57th … Read More
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Posted: October 6, 2016
Antitrust Violation Defense to Contract Claim Only if Contract Memorializes the Violation
On September 20, 2016, Justice Oing of the New York County Commercial Division issued a decision in … Read More
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Posted: October 5, 2016
Non-Party Did Not Waive Common Interest Privilege
On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfie… Read More
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Posted: October 4, 2016
Additional Insured Clause Covers Only Those With Written Contracts Directly With Named Insured
On September 15, 2016, the First Department issued a decision in Gilbane Building Co./TDX Constructi… Read More
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Posted: October 2, 2016
No Irreparable Harm Justifying Injunction When Damages Calculable
On September 27, 2016, the First Department issued a decision in Cityfront Hotel Assoc. Ltd. Partner… Read More
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Posted: October 1, 2016
Lanham Act/GBL Causes of Action Based on False Claim of Having Founded Company Dismissed
On September 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in … Read More
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Posted: September 30, 2016
Plaintiff Fails to Show That it Was Additional Insured
On September 19, 2016, Justice Marks of the New York County Commercial Division issued a decision in… Read More
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Posted: September 29, 2016
RMBS Suit Stayed in Favor of Prior Pending Action in Wisconsin
On September 20, 2016, Justice Friedman of the New York County Commercial Division issued a decision… Read More
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Posted: September 28, 2016
Work Other than Negotiating Business Opportunity Not Barred by Statute of Frauds
On September 22, 2016, the First Department issued a decision in Dorfman v. Reffkin, 2016 NY Slip Op… Read More
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Posted: September 27, 2016
Contract Entitled Prevailing Party to Fees, But Not Fees on Fees
On September 8, 2016, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: September 26, 2016
Implied Covenant of Good Faith and Fair Dealing Claim Should Have Been Dismissed
On September 14, 2016, the Second Department issued a decision in 1357 Tarrytown Road Auto, LLC v. G… Read More
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Posted: September 25, 2016
Claim Alleging Partial Performance of Oral Modification of Written Contract Adequate
On August 18, 2016, Justice Ramos of the New York County Commercial Division issued a decision in Ob… Read More
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Posted: September 24, 2016
Broker Not Entitled to Commission Where Closing Was a Condition And There Was No Closing
On September 15, 2016, the First Department issued a decision in NRT N.Y. LLC v. Johnson, 2016 NY Sl… Read More
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Posted: September 23, 2016
If Defendant Fails to Make Prima Facie Case, Court Need Not Consider Plaintiff's Opposition
On September 14, 2016, the Second Department issued a decision in Katz v. Beil, 2016 NY Slip Op. 059… Read More
