-
Posted: February 24, 2016
Party’s Agreement to "Guarantee" Its Own Performance of Contractual Obligation Enforceable as Liquidated Damages Provision
On February 23, 2016, the First Department issued a decision in 70 W. 45th St. Holding LLC v. Waters… Read More
-
Posted: February 23, 2016
Agreement Not Unconscionable Even Though it Was Improvident
On February 5, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
-
Posted: February 22, 2016
Court Denies Disqualification Motion Where Prior Representation Unrelated to New Action
On January 21, 2016, Justice Platkin of the Albany County Commercial Division issued a decision in C… Read More
-
Posted: February 21, 2016
Justices Ramos and Hudson Updates Part Rules
Justice Charles E. Ramos of the New York County Commercial Division recently updated his part practi… Read More
-
Posted: February 20, 2016
Plaintiff Fails to Prove Scienter; Defendant Had No Reason to Doubt Truth of its Representation
On February 9, 2016, the First Department issued a decision in Edward Tyler Nahem Fine Art, L.L.C. v… Read More
-
Posted: February 19, 2016
Manager Acting in Good Faith Not Liable for Inducing Performer to Breach Contract
On February 2, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
-
Posted: February 18, 2016
Corporate Officer Not Liable for Inducing Corporation to Breach Contract Unless Officer Acts Exclusively In His Own Interest
On February 8, 2016, Justice Singh of the New York County Commercial Division issued a decision in P… Read More
-
Posted: February 17, 2016
Claims of Individual Class Members Constitute Separate “Occurrences,” Subject to Separate Deductibles Under Insurance Policy
On February 11, 2016, the Court of Appeals issued a decision in Selective Insurance Company of Ameri… Read More
-
Posted: February 16, 2016
Employee Not Entitled to Carried Interest Payment Where Amount of Payment Not Agreed To
On February 3, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
-
Posted: February 15, 2016
Despite Claimed Damages of $15 Million, Court Transfers Case Out of Commercial Division
On February 2, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
-
Posted: February 14, 2016
Involving Consultants in Communications Did Not Vitiate Attorney-Client Privilege
On January 11, 2016, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
-
Posted: February 13, 2016
Counterclaims Sufficiently Related to Complaint's Allegations That They Relate Back
On February 3, 2016, Justice Ramos of the New York County Commercial Division issued an opinion in … Read More
-
Posted: February 12, 2016
Jury Verdict Awarding Brokerage Commission Based on Oral Brokerage Agreement Overturned
On February 3, 2016, the Second Department issued a decision in Douglas Elliman, LLC v. Silver, 2016… Read More
-
Posted: February 11, 2016
Filing Rescission Action Before Date of Performance Constitutes Anticipatory Breach
On February 4, 2016, the First Department issued an opinion in Princes Point LLC v Muss Development … Read More
-
Posted: February 10, 2016
E-mail Sent by Party, Under Which Sender's Name is Typed, Can Satisfy Statute of Frauds
On February 3, 2016, the Second Department issued a decision in Agosta v. Fast Systems Corp., 2016 N… Read More
-
Posted: February 9, 2016
Arguments of Interest in the Court of Appeals for the Weeks of February 8 and 15, 2016
Upcoming arguments in the Court of Appeals of interest to commercial litigators: Case No. 28: Matte… Read More
-
Posted: February 9, 2016
Loss Damage Waiver Bars Subrogation Action
On January 21, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
-
Posted: February 8, 2016
Judicial Proceeding Immunity Is Not Absolute
On January 27, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
-
Posted: February 7, 2016
Claims Against Auditors of Failed Fund Dismissed Under In Pari Delicto Doctrine
On January 19, 2016, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
-
Posted: February 6, 2016
Court Enjoins Party From Pursuing Foreign Lawsuit Violating Forum Selection Clause
On January 15, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
