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Posted: September 1, 2016
New York’s Borrowing Statute Applies Even Where Parties’ Contract Contains Mandatory New York Forum Selection Clause
On August 24, 2016, Justice Oing of the New York County Commercial Division issued a decision in All… Read More
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Posted: August 31, 2016
Plaintiff Required to Replead Alleged Oral Agreement With More Detail
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 30, 2016
GBL 349 Claim By Law Firm Against Lender Dismissed
On August 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Cit… Read More
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Posted: August 29, 2016
When Corporate Dissolution is Annulled it Retroactively Validates Contracts
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 28, 2016
An Interested Person May be Allowed to Intervene in Special Proceeding to Recover Debt
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 27, 2016
Motion to Amend Denied for Failure to Show or Explain and Justify Changes
On August 17, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: August 26, 2016
Contract Claim Based On Oral Agreement Regarding Investment Upheld
On August 18, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 25, 2016
Arguments of Interest in the Court of Appeals in September
Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include: Utica… Read More
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Posted: August 24, 2016
“Made Whole Rule,” Which Limits An Insurer’s Recovery in Subrogation Claim, Does Not Apply to Salvage Recovery
On August 8, 2016, Justice Oing of the New York County Commercial Division issued a decision in Pote… Read More
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Posted: August 23, 2016
Claims Against Insurer Dismissed Where Allegations Fail to Tie it to Policy at Issue
On August 11, 2016, Justice Oing of the New York County Commercial Division issued a decision in Cha… Read More
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Posted: August 22, 2016
Publicity Agent's Negative E-Mails Constitute Breach of Covenant of Good Faith and Fair Dealing
On August 18, 2016, the First Department issued a decision in Rebecca Broadway L.P. v. Hotton, 2016 … Read More
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Posted: August 21, 2016
Claims Not Subject to Arbitration Stayed Pending Arbitration of Related Claims
On August 16, 2016, Justice Oing of the New York County Commercial Division issued a decision in Moy… Read More
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Posted: August 21, 2016
Service on Corporate Officer Found Insufficient When Officer Was Adverse Party
On August 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 20, 2016
Law Firm Records Ordered Produced Under Crime-Fraud Exception
On August 11, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: August 19, 2016
Corporate Officer Who Personally Commits Tort May be Held Independently Liable
On August 10, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: August 18, 2016
Company Policy Manual That Could be Amended or Withdrawn Unilaterally Found Not Binding
On August 17, 2016, the Second Department issued a decision in Cohen v. National Grid USA, 2016 NY S… Read More
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Posted: August 17, 2016
Inquest Required in Default if Insufficient Evidence of Damages
On August 3, 2016, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
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Posted: August 16, 2016
First Department Reinstates Contract Claims for Gross Negligence Against RMBS Securitizer
On August 11, 2016, the First Department issued a decision in Morgan Stanley Mortgage Loan Trust 200… Read More
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Posted: August 15, 2016
Accrual Provision Extending Time to Bring Breach of Contract Claim Unenforceable
On August 11, 2016, the First Department issued a decision in Deutsche Bank National Trust Co. v. Fl… Read More
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Posted: August 14, 2016
Designation of Party As Agent Did Not Make it a Fiduciary
On August 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
