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Posted: August 13, 2016
No Defamation Claim for Failure to Allege Place Where the Defamatory Statement Was Made
On August 11, 2016, the First Department issued a decision in Beach v. Touradji Capital Management, … Read More
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Posted: August 12, 2016
First Department Clarifies Fraud Pleading Standards
On August 11, 2016, the First Department issued a decision in IKB International, S.A. v. Morgan Stan… Read More
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Posted: August 11, 2016
Non-Signatory Directly Benefiting from Agreement Bound by its Arbitration Provision
On August 11, 2016, the First Department issued a decision in BGC Notes, LLC v. Gordon, 2016 NY Slip… Read More
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Posted: August 10, 2016
Not Maintaining Security Deposit in New York Bank Branch Violates GOL § 7-103; No Damages
On August 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: August 9, 2016
Disagreements With Counsel's Professional Decisions on Trial Strategy Not Actionable
On July 28, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 8, 2016
Failure Timely to Object to Discovery Demands Waives Objections
On August 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Sta… Read More
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Posted: August 7, 2016
"Sole Discretion" Provision Must Be Exercised in Good Faith
On July 29, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 6, 2016
Court Explains Limits to Claim for Unjust Enrichment
On July 29, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 5, 2016
Fact Questions Regarding Board's Good Faith Valuation of Shares Precludes Dismissal
On July 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in Sale… Read More
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Posted: August 3, 2016
Fraud Claim Survives Despite Merger Clause Disclaiming Extra-Contractual Representations
On July 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in 438 … Read More
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Posted: August 1, 2016
Contract Claim Dismissed on Summary Judgment for Failure to Prove Damages
On July 19, 2016, Justice Bransten of the New York County Commercial Division issued a decision in M… Read More
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Posted: July 31, 2016
Shareholder Agreement's Buy-Out Terms Not Applicable in Dissolution Proceeding
On July 21, 2016, Justice Knipel of the Kings County Supreme Court issued a decision in Matter of Pi… Read More
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Posted: July 30, 2016
Continuous Representation Doctrine Saves Claims Against Auditor from Dismissal
On July 25, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in Jef… Read More
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Posted: July 29, 2016
Agreement Contemplating Later Execution of a More-Detailed Agreement Is Still Binding Contract
On July 28, 2016, the First Department issued a decision in Moshan v. PMB, LLC, 2016 NY Slip Op. 056… Read More
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Posted: July 28, 2016
Court Distinguishes Clauses Relating to a Party's Subjective or Objective Satisfaction
On June 29, 2016, Justice Bransten of the New York County Commercial Division issued a decision in I… Read More
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Posted: July 27, 2016
Complaint Dismissed, Fees Awarded, for Disclosing Confidential Settlement Negotiations
On July 12, 2016, Justice Ramos of the New York County Commercial issued a decision in Board of Mana… Read More
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Posted: July 26, 2016
Res Judicata Bars Assertion of Claim That Was Compulsory Counterclaim in Prior Federal Action
On July 21, 2016, the First Department issued a decision in Paramount Pictures Corp. v. Allianz Risk… Read More
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Posted: July 25, 2016
Agent for a Principal with no Legal Status Is Personally Liable for Contract
On July 12, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 24, 2016
Insurer's Disclaimer of Coverage Excused Insured from Obtaining Its Consent to Settlement
On July 7, 2016, Justice Ramos of the New York County Commercial Division issued a decision in J.P. … Read More
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Posted: July 23, 2016
Tax Estoppel Prevents Claim That Payment Was Earnings After Reporting it as a Gift
On July 7, 2016, Justice Singh of the New York County Commercial Division issued an opinion in Glikl… Read More
