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Posted: July 21, 2016
Actions Dismissed on Standing Grounds May be Refiled Pursuant to CPLR 205
On July 7, 2016, the First Department issued a decision in U.S. Bank N.A v. DLJ Mortgage Capital, In… Read More
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Posted: July 20, 2016
Modification of Agreement Cannot Increase Obligation of Guarantor, But Does Not End It
On June 27, 2016, Justice Bransten of the New York County Commercial Division issued a decision in T… Read More
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Posted: July 19, 2016
Inquiry into Commercial Reasonableness Only Permitted Where Contract is Ambiguous
On July 7, 2016, Justice Friedman of the New York County Commercial Division issued a decision in Bl… Read More
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Posted: July 18, 2016
Continuing Violation Doctrine Not Applicable Where Plaintiff Suffers Discrete Harms
On June 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in I… Read More
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Posted: July 17, 2016
Assignee of LLC Membership Interest Lacked Standing to Bring Derivative Action
On June 24, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 16, 2016
Court Should Have Valued Shares at Time They Should Have Been Transferred
On July 5, 2016, the First Department issued a decision in Moore v. IGPS Co. LLC, 2016 NY Slip Op. 0… Read More
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Posted: July 15, 2016
Guest Post: Doing the Numbers on the Commercial Division: Episode One: How Big Is It, Anyway?
This is the first in a series of posts presenting a quantitative description of the Commercial Divis… Read More
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Posted: July 15, 2016
Prior to Default, RMBS Trustees Owe Note Holders Extracontractual Duty to Perform Basic Functions
On July 5, 2016, the First Department issued a decision in Commerce Bank v. Bank of N.Y. Mellon, 201… Read More
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Posted: July 14, 2016
Communications by Defendant's Counsel to Defendant's Agents Held to be Privileged
On July 5, 2016, the First Department issued a decision in BEW Parking Corp. v. Apthorp Associates L… Read More
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Posted: July 13, 2016
Plaintiffs Not Entitled to Equitable Tolling Despite Auction House's Refusal to Discuss Dispute
On July 7, 2016, the First Department issued a decision in Kainer v. Christie's Inc., 2016 NY Slip O… Read More
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Posted: July 12, 2016
Dismissing Complaint Warranted Only if Spoliated Evidence Was Sole Means of Establishing Defense
On June 28, 2016, the First Department issued a decision in Arbor Realty Funding, LLC v. Herrick, Fe… Read More
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Posted: July 11, 2016
Collateral Estoppel Bars Plaintiff from Litigating Factual Issues Determined in Prior Arbitration
On June 30, 2016, the First Department issued a decision in Advanced Aerofoil Technologies AG v. Mis… Read More
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Posted: July 10, 2016
Derivative Complaint Dismissed for Failure Adequately to Allege Demand Futility
On June 27, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Guzman v.… Read More
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Posted: July 9, 2016
Purchaser Cannot Rely on Tenant Estoppel Certificate it Knows to Be Contrary to Fact
On June 27, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Flatbush … Read More
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Posted: July 8, 2016
Communications Regarding Ethical Obligations Not Subject to Disclosure Under Fiduciary Exception
On June 30, 2016, the First Department issued a decision in Stock v. Schnader Harrison Segal & Lewis… Read More
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Posted: July 7, 2016
Arbitral Award Must be Confirmed if Not Irrational
On June 29, 2016, the Second Department issued a decision in Structure Tek Construction, Inc. v. Wat… Read More
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Posted: July 6, 2016
Defendants' E-Mails Confirming Material Elements of Oral Agreement Satisfy Statute of Frauds
On June 28, 2016, the First Department issued a decision in Josephberg v. Crede Capital Group, LLC, … Read More
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Posted: July 5, 2016
Justices Oing and Scarpulla Update Part Rules
Justice Jeffrey K. Oing of the New York County Commercial Division recently updated his part practic… Read More
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Posted: July 5, 2016
Plaintiff Cannot Establish Reliance Element of Fraud Claim by Showing Only Third Party Reliance
On June 30, 2016, the Court of Appeals issued a decision in Pasternack v. Laboratory Corp. of Americ… Read More
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Posted: July 4, 2016
Parties Who Did Not Sign Contract With a Forum Selection Clause May Still Be Bound By It
On June 20, 2016, Justice Singh of the New York County Commercial Division issued a decision in Pega… Read More
