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Posted: September 22, 2016
Assignee Lacked Standing; Assignment of Right to Pursue Remedies on Notes Did Not Transfer Claims
On September 15, 2016, the First Department issued a decision in Cortlandt St. Recovery Corp. v. Hel… Read More
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Posted: September 20, 2016
Constructive Eviction Claims Survive Motion to Dismiss
On September 6, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
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Posted: September 19, 2016
Promissory Note's Reference to Sales Contracts Does Not Defeat Summary Judgment
On September 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in K… Read More
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Posted: September 18, 2016
Use of Unjustly Received Information Can be Basis for Unjust Enrichment Claim
On September 12, 2016, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
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Posted: September 17, 2016
CLE Program: Practicing in NYS Supreme Court
On October 5, 2016, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the … Read More
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Posted: September 16, 2016
Late Notice Defense Not Waived as a Matter of Law by Failing to Include it in Disclaimer Letters
On September 15, 2016, the Court of Appeals issued a decision in Estee Lauder Inc. v. OneBeacon Insu… Read More
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Posted: September 15, 2016
Fraudulent Conveyance Claim Against Arm's Length Transaction OK Where Badges of Fraud Alleged
On September 8, 2016, the First Department issued a decision in 172 Van Duzer Realty Corp. v. 878 Ed… Read More
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Posted: September 14, 2016
Claims Against RMBS Sponsor Survive Despite Time-Barred Claims Against Originator
On September 7, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: September 13, 2016
NYC Not Obligated to Pay for Work Done Under Improperly-Granted Contract
On August 26, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: September 12, 2016
Public Contract Procured by Fraud Unenforceable and Amounts Paid Recoverable as Damages
On August 25, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: September 11, 2016
Fraud Claim Sufficient if Allegations Create a Reasonable Inference of Alleged Conduct
On August 29, 2016, Justice Singh of the New York County Commercial Division issued a decision in Ah… Read More
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Posted: September 10, 2016
Untimely Motion for Default Judgment Dismissed
On August 24, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
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Posted: September 9, 2016
Lease Not Terminated Due to Failure Strictly to Comply With Notice Provisions
On August 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: September 8, 2016
Civil Rights Law § 51 Claims For Misuse Of Likeness Against Grand Theft Auto V Dismissed On Appeal
On September 1, 2016, the First Department issued a decision in Gravano v. Take-Two Interactive Soft… Read More
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Posted: September 7, 2016
Plaintiff With Access to Corporate Records Was Not Reasonable in Relying on Misrepresentations
On September 1, 2016, the First Department issued a decision in MP Cool Investments Ltd. v. Forkosh,… Read More
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Posted: September 6, 2016
Where Loss From Environmental Damage Is Subject to Pro Rata Allocation, Insured Is Responsible For Periods When Insurance Was Unavailable
On September 1, 2016, the First Department issued a decision in Keyspan Gas East Corp. v. Munich Rei… Read More
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Posted: September 5, 2016
For Relation Back Under CPLR 205, "Prior Action" Must Have Been in New York
On August 26, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: September 4, 2016
Continuous Representation Tolls Statute of Limitations, Not Accrual of a Claim Itself
On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: September 3, 2016
Legal Malpractice Claim Based on Later-Reversed Ruling Upheld
On August 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: September 2, 2016
Party’s Sale of Server During Lawsuit Leads to Adverse Inference As Sanction for Spoliation
On August 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
