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Posted: May 28, 2016
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
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Posted: May 27, 2016
Order Declining to Sign Order to Show Cause is Not Appealable
On May 26, 2016, the First Department issued a decision in Matter of Azeem v. Murphy, 2016 NY Slip O… Read More
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Posted: May 26, 2016
Res Judicata Bars Claim Not Raised in Prior Action
On May 10, 2016, the First Department issued a decision in Wietschner v. Dimon, 2016 NY Slip Op. 036… Read More
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Posted: May 25, 2016
Agreement Setting Price Term by Reference to Commercial Practice or Trade Usage Valid
On May 17, 2016, the First Department issued a decision in Cowen & Co., LLC v. Fiserv, Inc., 2016 NY… Read More
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Posted: May 24, 2016
Party That Failed to Give Contractually-Required Notice Prior to Bringing Suit Lacked Standing
On May 17, 2016, the First Department issued a decision in Nomura Asset Acceptance Corp. Alternative… Read More
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Posted: May 23, 2016
Inclusion of No Oral Modification Clause In Employment Agreement Does Not Change At-Will Status
On May 19, 2016, the First Department issued a decision in Gootee v. Global Credit Services, LLC, 20… Read More
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Posted: May 22, 2016
No Oral Modification Clause Bars Breach of Contract and Promissory Estoppel Claims
On May 9, 2016, Justice Singh of the New York County Commercial Division issued a decision in Rivera… Read More
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Posted: May 21, 2016
Partial Payment After Statute of Limitations Expires May Toll or Restart It
On May 10, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decision … Read More
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Posted: May 20, 2016
"Pay-When-Paid" Provision in Subcontract Unenforceable as Contrary to Public Policy
On May 17, 2016, the First Department issued a decision in Nevco Contracting Inc. v. R.P. Brennan Ge… Read More
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Posted: May 19, 2016
Breach of Contract Claim Barred for Failure to Provide Contractually-Required Notice
On May 18, 2016, the Second Department issued a decision in Schindler Elevator Corp. v. Tully Constr… Read More
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Posted: May 18, 2016
Motion for Contempt Denied for Failure to Provide Statutory Warning
On May 18, 2016, the Second Department issued a decision in Community Preservation Corp. v Northern … Read More
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Posted: May 17, 2016
Question of Arbitrability is Issue for Court, Not Arbitrator
On April 26, 2016, the First Department issued a decision in Garthon Bus. Inc. v. Stein, 2016 NY Sli… Read More
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Posted: May 16, 2016
Going-Private Mergers Subject to Business Judgment Rule So Long As Shareholders Protected
On May 5, 2016, the Court of Appeals issued a decision in Matter of Kenneth Cole Products, Inc., 201… Read More
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Posted: May 15, 2016
Notice of Impending Dismissal of Putative Class Action Required Even if Class Not Yet Certified
On May 12, 2016, the First Department issued a decision in Vasquez v. National Securities Corp., 201… Read More
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Posted: May 14, 2016
Yellowstone Proceeding Found to be Timely
On May 3, 2016, the First Department issued a decision in 117-119 Leasing Corp. v. Reliable Wool Sto… Read More
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Posted: May 13, 2016
Late Attorney Disqualification Motion Justified By Change In Factual Circumstances
On May 10, 2016, the First Department issued a decision in Anderson & Anderson LLP v. North American… Read More
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Posted: May 12, 2016
Class Action Settlement Must Include Opt-Out Rights
On May 5, 2016, the Court of Appeals issued a decision in Jiannaras v. Alfant, 2016 NY Slip Op. 0354… Read More
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Posted: May 11, 2016
Plaintiff Fails to Meet Heavy Burden of Proving Exception to "No Damages For Delay" Clause
On May 3, 2016, the First Department issued a decision in Advanced Automatic Sprinkler Co., Inc. v. … Read More
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Posted: May 10, 2016
Lender May Charge Reasonable Expenses Attendant to Loan Without Making Loan Usurious
On May 2, 2016, Justice Emerson of the Suffolk County Commercial Division issued a decision in Aquil… Read More
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Posted: May 9, 2016
Court Properly Ordered Deposition of Transactional Counsel; Privilege Assertions Must Be Specific
On May 5, 2016, the First Department issued a decision in China Privatization Fund (Del.), L.P. v. G… Read More
