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Posted: January 1, 2016
Motion to Amend Denied Where Plaintiff Fails to Establish Merit
On December 21, 2015, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: December 31, 2015
Taking or Copying Customer Lists is Breach of Fiduciary Duty Even if Not Trade Secrets
On November 21, 2015, Justice Grays of the Queens County Commercial Division issued a decision in Pa… Read More
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Posted: December 30, 2015
Fraud Claims May Be Pled on Information and Belief
On December 22, 2015, the First Department issued a decision in Allenby, LLC v. Credit Suisse, AG, 2… Read More
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Posted: December 29, 2015
Court Erred in Refusing to Grant Change of Venue
On December 23, 2015, the Second Department issued a decision in Carlton Group, Ltd. v. Property Mar… Read More
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Posted: December 28, 2015
Party Sanctioned for Spoliation of Evidence
On December 7, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: December 27, 2015
Corporation Dissolved Based On Deadlock, Dissension and Division
On December 18, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
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Posted: December 26, 2015
Arguments of Interest In the Court of Appeals for the Week of January 4, 2016
Arguments in the Court of Appeals for the week of January 4, 2016, that may be of interest to commer… Read More
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Posted: December 25, 2015
Indemnitee Must Prove that Indemnitor Could Have Been Liable at Trial to Recover Settlement
On December 16, 2015, the Second Department issued a decision in Leon Holdings, LLC v. Northville In… Read More
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Posted: December 24, 2015
Termination for Convenience Clause Enforceable Without Regard to Defendant's Good Faith
On December 15, 2015, the First Department issued a decision in Minelli Construction Co., Inc. v. WD… Read More
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Posted: December 23, 2015
Choice of Law Provision Obviates Need to Do Conflict-of-Law Analysis
On December 15, 2015, the Court of Appeals issued a decision in Ministers & Missionaries Benefit Boa… Read More
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Posted: December 22, 2015
Adverse Inference Charge Appropriate Even Where Evidence Negligently Destroyed
On December 15, 2015, the Court of Appeals issued a decision in Pegasus Aviation I, Inc. v. Varig Lo… Read More
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Posted: December 21, 2015
Party Waived Right to Arbitrate By Litigating for Eleven Months With Substantial Motion Practice
On December 16, 2015, the Court of Appeals issued a decision in Cusimano v. Schnurr, 2015 NY Slip Op… Read More
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Posted: December 20, 2015
Renewal Motion Responding to Issue Raised Sua Sponte by Court in Original Decision Timely
On December 16, 2015, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,… Read More
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Posted: December 19, 2015
Court of Appeals Grants Leave to Appeal On Daimler Personal Jurisdiction Issue
On December 16, 2015, the Court of Appeals granted leave to leave to appeal in the action D&R Global… Read More
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Posted: December 18, 2015
No Private Right of Action Under Insurance Law When Violation Inadvertent
On December 15, 2015, the First Department issued a decision in Cilente v. Phoenix Life Insurance Co… Read More
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Posted: December 17, 2015
Court of Appeals Accepts Certified Question on Whether Fraud Claim Can Be Based on Third-Party Reliance
On December 15, 2015, the Court of Appeals accepted a certified question from the Second Circuit in … Read More
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Posted: December 16, 2015
Claim For Misappropriation Of Trade Secrets Must Plead Specific Facts
On December 10, 2015, Justice Ramos of the New York County Commercial Division, issued a decision in… Read More
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Posted: December 15, 2015
Right To Corporate Indemnification Must Be "Unmistakably Clear"
On December 2, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: December 14, 2015
First Department Refuses to Vacate Arbitral Award
On December 8, 2015, the First Department issued a decision in Matter of Abell v. JetBlue Airways Co… Read More
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Posted: December 13, 2015
Oral Agreement to Create a Joint Venture not Barred by Statute of Fraud
On December 2, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
