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Posted: July 3, 2016
New York Forum Selection Clause Gave Court Jurisdiction to Hold Party in Contempt
On June 23, 2016, the First Department issued a decision in Gliklad v. Cherney, 2016 NY Slip Op. 050… Read More
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Posted: July 2, 2016
Officers of Dissolved Corporation Held Individually Liable for Post-Dissolution Debts
On June 23, 2016, the First Department issued a decision in Indigo Secured High Income Note, Ltd. v.… Read More
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Posted: July 1, 2016
Violation of Disciplinary Rule, Without More, Insufficient Basis for Legal Malpractice Claim
On June 23, 2016, the First Department issued a decision in Fletcher v. Boies, Schiller & Flexner LL… Read More
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Posted: June 30, 2016
Order Issued Without Motion Made on Formal Notice Held Appealable as of Right
On June 23, 2016, the First Department issued a decision in Bank of N.Y. Mellon v WMC Mortgage, LLC,… Read More
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Posted: June 29, 2016
Appeal Timely; Orders Served Below Not Stamped by Clerk With Date and Place of Entry
On June 23, 2016, the First Department issued a decision in Pac Fung Feather Co. Ltd. v. Porthault N… Read More
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Posted: June 28, 2016
The Law Does Not Imply Reasonable Time for Performance Where Only Obligation is Payment of Money
On June 21, 2016, the First Department issued a decision in Castlestone Management LLC v. Diamond, 2… Read More
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Posted: June 27, 2016
Claim for Breach of Representations Accrues at Later of As Of or Execution Date
On June 14, 2016, Justice Friedman of the New York County Commercial Division issued a decision in W… Read More
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Posted: June 26, 2016
Law of the Case Does Not Apply When a Summary Judgment Motion Follows Motion to Dismiss
On June 15, 2016, Justice Bransten of the New York County Commercial Division issued a decision in K… Read More
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Posted: June 25, 2016
Notice Provision Not Condition Precedent That Results in a Forfeiture
On June 21, 2016, the First Department issued a decision in EidosMedia Inc. v. Citigroup Technology,… Read More
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Posted: June 24, 2016
REMINDER: CLE Program: Mediation in the Federal Courts
On June 27, 2016, Schlam Stone & Dolan partner John Lundin will co-moderate a CLE program at the… Read More
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Posted: June 24, 2016
New York County Expands Mediation Program to Commercial Cases in Parts Outside the Commercial Division
On May 24, 2016, First Judicial District Administrative Judge Moulton issued an administrative order… Read More
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Posted: June 24, 2016
Control and Domination Alone Insufficient to Justify Alter Ego Liability
On June 14, 2016, the First Department issued a decision in Cornwall Management Ltd. v. Kambolin, 20… Read More
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Posted: June 23, 2016
RMBS Trustee Plaintiff Entitled to Reimbursment of Attorneys' Fees From Defendant
On June 16, 2016, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mortgage Capital, … Read More
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Posted: June 22, 2016
Vacature Based on New Evidence Denied For Lack of Explanation Why Evidence Not Discovered Earlier
On June 16, 2016, the First Department issued a decision in Molina v. Chladek, 2016 NY Slip Op. 0480… Read More
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Posted: June 21, 2016
Antisubrogation Rule Does Not Apply to Non-Insured Parties
On May 5, 2015, the Court of Appeals issued a decision in Millennium Holdings LLC v. Glidden Co., 20… Read More
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Posted: June 20, 2016
At-Will Employee Not Entitled to Post-termination Commissions
On June 2, 2016, the First Department issued a decision in Holahan v. 488 Performance Group, Inc., 2… Read More
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Posted: June 19, 2016
Arbitration Provision of Prompt Payment Act Trumps Contract's Dispute Resolution Clause
On June 9, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in Capit… Read More
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Posted: June 18, 2016
What Opponent Paid its Counsel is Relevant In Dispute of Reasonableness of Attorneys' Fees
On June 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in Macy's… Read More
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Posted: June 17, 2016
Ongoing Negotiation of Formal Agreement Shows Intent Not to Be Bound by Informal Agreement
On May 23, 2016, Justice Oing of the New York County Commercial Division issued a decision in AEG Li… Read More
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Posted: June 16, 2016
Law Firm’s Loss of Business During Hurricane Sandy Not Covered By Business Interruption Insurance; Claim For Coverage Arising From Computer Virus Proceeds
On April 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in Borah… Read More
