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Posted: February 5, 2016
Promise to Compensate Investor for Failed Investment Unenforceable Gratuitous Promise
On January 21, 2016, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: February 4, 2016
The Commercial Division: The Film
The Commercial Division Advisory Council and the Historical Society of the New York Courts have deve… Read More
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Posted: February 4, 2016
CPLR 7511 Only Authorizes Correction of Computational Errors, Not Reversal of Substantive Rulings
On January 28, 2016, the First Department issued a decision in Madison Realty Capital, L.P. v. Scarb… Read More
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Posted: February 3, 2016
Arbitrary Decisions Not Covered by the Business Judgment Rule
On January 21, 2016, the First Department issued a decision in Tsui v. Chou, 2016 NY Slip Op. 00428,… Read More
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Posted: February 2, 2016
Fraud Claim Dismissed as Duplicative of Contract Claim
On January 27, 2016, the Second Department issued a decision in Doukas v. Ballard, 2016 NY Slip Op. … Read More
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Posted: February 1, 2016
Affidavit Contradicting Prior Testimony Insufficient to Create a Question of Fact
On January 7, 2016, Justice Ramos of the New York County Commercial Division issued a decision in La… Read More
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Posted: January 31, 2016
Assignee of Right to Collect Commission Cannot Collect Because the Assignor Not Licensed Real Estate Broker
On January 27, 2016, the Second Department issued a decision in Burton v. Lucido, 2016 NY Slip Op. 0… Read More
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Posted: January 30, 2016
Fraud Claims Barred by Disclaimer Where Party had Means to Discover Facts Before Signing Contract
On January 19, 2016, the First Department issued a decision in Harmit Realties LLC v. 835 Avenue of … Read More
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Posted: January 29, 2016
Conversion Claim Based on Transfer of Funds in Defendant's Escrow Account to Third Party Upheld
On January 19, 2016, the First Department issued a decision in Grasshoff v. Etra, 2016 NY Slip Op. 0… Read More
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Posted: January 29, 2016
Judiciary Law Section 487 Claims Allowed in Separate Action
On January 19, 2016, the First Department issued a decision in Melcher v. Greenberg Traurig LLP, 201… Read More
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Posted: January 28, 2016
Opportunity to Comment on Proposed Change to CPLR
The Office of Court Administration has asked for public comment on a proposed change to the CPLR abo… Read More
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Posted: January 27, 2016
Settlement Agreement Not Improper Mary Carter Agreement Increasing Other Defendant's Liability
On January 14, 2016, the Third Department issued a decision in Reutzel v. Hunter Yes, Inc., 2016 NY … Read More
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Posted: January 26, 2016
Judiciary Law Section 487 Inapplicable To Administrative Agency Petition
On January 7, 2016, Justice Scheinkman of the Westchester County Commercial Division issued a decisi… Read More
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Posted: January 25, 2016
Fraudulent Misrepresentation Requires Out-Of-Pocket Losses, Lost Profits Insufficient
On January 19, 2016, in Connaughton v. Chipotle Mexican Grill, 2016 NY Slip Op 00273, a divided pane… Read More
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Posted: January 24, 2016
When a Majority of Directors in Derivative Action Are Independent, Demand is Not Excused
On January 14, 2016, the First Department issued a decision in Wandel v. Dimon, 2016 NY Slip Op. 002… Read More
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Posted: January 23, 2016
Controlling Shareholders Did Not Have Fiduciary Duty to Minority Shareholder
On January 12, 2016, the First Department issued a decision in Arnett v. Charles Morgan Securities I… Read More
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Posted: January 22, 2016
Proposed Intervenors, Who Knew About Action For Over a Year, Properly Denied Intervention
On January 14, 2016, the First Department issued a decision in Matter of HSBC Bank U.S.A., 2016 NY S… Read More
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Posted: January 21, 2016
Court Enforces Restrictive Covenant in Employment Agreement
On January 7, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: January 20, 2016
Lost Profits Damages Awarded On Contract Claim Because They Were Contemplated by the Parties
On January 13, 2016, the Second Department issued a decision in Inspectronic Corp. v. Gottlieb Skans… Read More
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Posted: January 19, 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
