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Posted: May 9, 2016
Justice Ostrager Posts Part Rules
Justice Barry R. Ostrager of the New York County Commercial Division recently posted his part practi… Read More
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Posted: May 8, 2016
Court Holds on Summary Judgment that Partnership Did Not Exist
On April 22, 2016, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in H… Read More
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Posted: May 7, 2016
Court Grants Fraudulent Conveyance Claim, Attorneys' Fees, on Summary Judgment
On April 13, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: May 6, 2016
Fraud Claims Dismissed for Failure to Plead Out-of-Pocket Loss
On April 25, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: May 5, 2016
Claim for Not Paying Escrowed Funds Timely Even Though Claim for Failure to Create Escrow Was Not
On April 28, 2016, the First Department issued a decision in Golden Technology Management, LLC v. Ne… Read More
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Posted: May 4, 2016
Executive At Will Employee Despite Payment Schedules Showing Fixed Period of Employment
On April 13, 2016, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
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Posted: May 3, 2016
Assignee of Claims Allowed to Substitute in As Party in Lieu of Dismissed Assignor
On April 13, 2016, Justice Singh of the New York County Commercial Division issued a decision in Inv… Read More
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Posted: May 3, 2016
Theft of Data on Servers Located in New York Insufficient Basis for Personal Jurisdiction
On April 25, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Delfasco… Read More
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Posted: May 2, 2016
General Merger Clause in Contract for Sale of Business Does Not Preclude Fraudulent Inducement Claim
On April 12, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Fer… Read More
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Posted: May 1, 2016
Efforts to Remedy Alleged Errors Can Trigger Continuous Representation Doctrine
On April 20, 2016, the Second Department issued a decision in Bronstein v. Omega Construction Group,… Read More
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Posted: April 30, 2016
Unjust Enrichment Claim Against Company Owner Based on Payments Made to Company Upheld
On April 20, 2016, the Second Department issued a decision in Shah v. Exxis, Inc., 2016 NY Slip Op. … Read More
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Posted: April 29, 2016
Guaranty Waiving All Affirmative Defenses Precludes Statute of Limitations Dismissal
On April 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: April 28, 2016
Cost of Structural Repairs Not Linked to Covered Damage Do Not Fall Within Property Insurance Policy’s "Blanket Ordinance or Law Coverage Endorsement"
On April 21, 2016, the First Department issued a decision in St. George Tower v. Insurance Co. of Gr… Read More
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Posted: April 27, 2016
Account Stated Claim Properly Dismissed; Invoice Relied Upon Sent After Parties Were in Dispute
On April 20, 2016, the Second Department issued a decision in Episcopal Health Services, Inc. v. POM… Read More
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Posted: April 26, 2016
First Department Upholds Sanctions For "Profanity-Laden Attack on Lawyer Conducting Deposition"
On April 19, 2016, the First Department issued a decision in Freidman v. Yakov, 2016 NY Slip Op. 029… Read More
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Posted: April 25, 2016
Inaction in Face of Alleged Knowledge of Another's Wrongdoing Not Aiding and Abetting
On April 19, 2016, the First Department issued a decision in Balanced Return Fund Ltd. v. Royal Bank… Read More
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Posted: April 24, 2016
Question of Fact Whether Insurance Policy Covered Affiliates of Sole Named Insured
On March 30, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: April 23, 2016
Motion to Dismiss Based on Testimony in Other Actions Denied; Questions of Fact Remain
On March 11, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: April 22, 2016
Arguments of Interest In the Court of Appeals for the Weeks of April 25, 2016 and May 2, 2016
Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators inc… Read More
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Posted: April 21, 2016
Court Refuses to Dismiss Action Based on Insufficiently-Detailed Summons With Notice
On March 9, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
