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Posted: March 14, 2016
Justice Barry Ostrager Appointed to New York County Commercial Division
As reported in the New York Law Journal, Justice Barry Ostrager has been appointed to the New York C… Read More
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Posted: March 14, 2016
Movant Should Have Been Allowed Discovery on Whether Non-Parties Should be Compelled to Arbitrate
On March 8, 2016, the First Department issued a decision in Matter of Rural Media Group, Inc. v. Yra… Read More
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Posted: March 13, 2016
First Department Affirms Order Enjoining Party from Bringing Further Actions Without Permission
On March 10, 2016, the First Department issued a decision in Lipin v. Hunt, 2016 NY Slip Op. 01746, … Read More
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Posted: March 12, 2016
Refusal to Testify at Deposition Under Fifth Amendment Not Necessarily Fatal to Defense
On March 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in L… Read More
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Posted: March 11, 2016
Appeal Dismissed for Failure to File an Adequate Appendix, Including the Trial Transcript
On March 9, 2016, the Second Department issued a decision in Swift v. Broadway Neon Sign Corp., 2016… Read More
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Posted: March 10, 2016
Breach of Contract Claim Dismissed for Failure to Identify Specific Agreements Allegedly Breached
On March 8, 2016, the First Department issued a decision in Austin v. Gould, 2016 NY Slip Op. 01604,… Read More
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Posted: March 9, 2016
Statements of Future Intentions or Expressions of Hope not Actionable as Fraudulent Inducement
On March 8, 2016, the First Department issued a decision in Jacobson v. Croman, 2016 NY Slip Op. 016… Read More
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Posted: March 8, 2016
Mortgage Contingency Clause Was Not a Condition Precedent to Purchase Obligation
On March 3, 2016, the First Department issued a decision in Shi v. Alexandratos, 2016 NY Slip Op. 01… Read More
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Posted: March 7, 2016
No Equitable Estoppel Tolling Fraud Claim: Plaintiffs Had Benefit of Two-Year Discovery Rule
On March 3, 2016, the First Department issued a decision in D. Penguin Bros. Ltd. v. National Black … Read More
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Posted: March 6, 2016
Complaint Should Not Have Been Dismissed Despite Difficulty of Proving Damages Alleged at Trial
On March 2, 2016, the Second Department issued a decision in Vasomedical, Inc. v. Barron, 2016 NY Sl… Read More
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Posted: March 5, 2016
Real Estate Binder Not Binding Contract Where It Fails to Identify Parties
On March 1, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in 929 … Read More
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Posted: March 4, 2016
Arguments of Interest in the Court of Appeals for the Weeks of March 21 and 28, 2016
Upcoming arguments in the Court of Appeals of interest to commercial litigators: Case No. 54: Matt… Read More
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Posted: March 3, 2016
Summary Judgment Reversed Due to Fact Issues on Reasonableness of Restrictive Covenants
On March 1, 2016, the First Department issued a decision in Greystone Funding Corp. v. Kutner, 2016 … Read More
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Posted: March 2, 2016
Malpractice Claim Properly Dismissed: Defendants' Negligence Did Not Cause Plaintiff's Losses
On March 1, 2016, the First Department issued a decision in Women's Integrated Network, Inc. v. Ande… Read More
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Posted: March 1, 2016
Lender Had Right to Refuse to Close Financing Transaction
On February 25, 2016, the First Department issued a decision in MCAP Robeson Apartments L.P. v. Muni… Read More
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Posted: February 29, 2016
New York Courts Cannot Dissolve Business Entities Formed Under Another State's Laws
On February 25, 2016, the First Department issued a decision in Matter of Raharney Capital, LLC v. C… Read More
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Posted: February 28, 2016
Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of February 8 and 15, 2016, Now Available
On February 9, 2016, we noted three cases of interest from the oral arguments before the Court of Ap… Read More
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Posted: February 27, 2016
Yellowstone Injunction Denied Because of Defective Notice to Cure
On February 8, 2016, Justice Ramos of the New York County Commercial Division issued a decision in L… Read More
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Posted: February 26, 2016
Plaintiff Not Required to Plead Elements of Alter Ego Liability With Particularity
On February 16, 2016, the First Department issued a decision in 2406-12 Amsterdam Associates LLC v. … Read More
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Posted: February 25, 2016
Court Rejects Alleged Oral Modification of Written Agreement
On February 16, 2016, Justice Oing of the New York County Commercial Division issued a decision in T… Read More
