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Posted: June 15, 2016
Counterclaims Dismissed Because Not Made Against Plaintiff or Person Whom Plaintiff Represents
On June 7, 2016, the First Department issued a decision in Mutual Benefits Offshore Fund v. Zeltser,… Read More
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Posted: June 14, 2016
For Common Interest Privilege to Apply, Communications Must Relate to Litigation
On June 9, 2016, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Home… Read More
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Posted: June 14, 2016
Court Enjoins Participation in Out-of-State Action Violating New York Forum Selection Clause
On May 27, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in G… Read More
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Posted: June 13, 2016
Upcoming Events Featuring Commercial Division Justices
On June 21, 2016, there will be two NYSBA-sponsored events featuring Commercial Division justices: W… Read More
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Posted: June 13, 2016
Commercial Division Remands Party To Jail For Civil Contempt
On June 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in G… Read More
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Posted: June 12, 2016
State Court Can Determine Dischargeability of Debt Not Scheduled in Bankruptcy Case
On May 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Gl… Read More
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Posted: June 11, 2016
Untimely Yellowstone Injunction Denied
On May 26, 2016, Justice Singh of the New York County Commercial Division issued a decision in Wests… Read More
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Posted: June 10, 2016
State Court Has Power to Extend Bankruptcy Stay to Non-Bankrupt Party
On May 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in Deuts… Read More
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Posted: June 9, 2016
Surety Awarded Summary Judgment Against Bonded Party
On May 25, 2016, Justice Singh of the New York County Commercial Division issued a decision and orde… Read More
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Posted: June 8, 2016
A General Disclaimer of Collateral Representations Does Not Preclude All Fraud Claims
On May 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in P… Read More
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Posted: June 7, 2016
Supreme Court Lacked Jurisdiction to Award Statutory Interest in Action it Had Dismissed
On June 2, 2016, the Court of Appeals issued a decision in CRP/Extell Parcel I, L.P. v. Cuomo, 2016 … Read More
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Posted: June 6, 2016
Sophisticated Investor Must Plead Due Diligence Adequately to Plead Reasonable Reliance
On May 31, 2016, the First Department issued a decision in MP Cool Investments Ltd. v. Forkosh, 2016… Read More
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Posted: June 5, 2016
Arbitration Clause Giving Arbitrators Power to Resolve Arbitrability Controls
On May 31, 2016, the First Department issued a decision in Skyline Steel, LLC v. PilePro LLC, 2016 N… Read More
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Posted: June 4, 2016
Arguments of Interest In the Court of Appeals for the Week of May 30, 2016
Upcoming oral argument in the Court of Appeals that may be of interest to commercial litigators incl… Read More
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Posted: June 3, 2016
Letters Rogatory Denied for Failure to Show that Discovery is Crucial to Resolution of Key Issue
On May 31, 2016, the First Department issued a decision in Kahn v. Leo Schachter Diamonds, LLC, 2016… Read More
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Posted: June 2, 2016
Corporate Veil Pierced Only Where Owner's Complete Domination Used to Commit Fraud or Wrong
On May 31, 2016, the First Department issued a decision in JTS Trading Ltd. v. Trinity White City Ve… Read More
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Posted: June 1, 2016
Pre-Suit Demand Without Opportunity to Investigate Insufficient in Derivative Action
On May 31, 2016, the First Department issued a decision in Culligan Soft Water Co. v. Clayton Dubili… Read More
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Posted: May 31, 2016
Fraud Claims Relying on Unnamed Third-Party's Report of Alleged Overheard Conversation Dismissed
On May 26, 2016, the First Department issued a decision in Manda Intl. Corp. v. Yager, 2016 NY Slip … Read More
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Posted: May 30, 2016
Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of April 25, 2016, and May 2, 2016, Now Available
On April 22, 2016, we noted six cases of interest from the oral arguments before the Court of Appeal… Read More
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Posted: May 29, 2016
Summary Judgment Motion Denied Because Made Before Joinder of Issue
On May 24, 2016, the First Department issued a decision in Stone Column Trading House Ltd. v. Beogra… Read More
