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Posted: December 12, 2015
Plaintiff Not Entitled to Broker's Commission Because Not Procuring Cause of Purchase
On December 2, 2015, the Second Department issued a decision in Excel Realty Advisors, LP v. Engel B… Read More
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Posted: December 11, 2015
Attorney Not Disqualified Under Attorney-Witness Rule When Testimony Would Be Cumulative
On December 3, 2015, the First Department issued a decision in Orbco Advisors LLC v. 400 Fifth Realt… Read More
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Posted: December 10, 2015
Areas of Dissension Insufficient Basis for Ordering Law Firm's Dissolution
On December 3, 2015, the First Department issued a decision in Matter of Klein v. Klein Law Group, P… Read More
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Posted: December 9, 2015
Notice to Admit Seeking Admissions That Contravene Complaint's Allegations Improper
On December 2, 2015, the Second Department issued a decision in 32nd Ave. LLC v. Angelo Holding Corp… Read More
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Posted: December 8, 2015
Law Firm With Retaining Lien Was Entitled to Payment Before Having to Turn Over File
On December 1, 2015, the First Department issued a decision in American Stevedoring, Inc. v. Red Hoo… Read More
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Posted: December 7, 2015
Plaintiff That Assigned Claims Lacked Standing
On November 24, 2015, the First Department issued a decision in Lehr Associates Consulting Engineers… Read More
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Posted: December 6, 2015
Arbitration Award Affirmed Because its Legal Analysis Was At Least Barely Colorable
On November 24, 2015, the First Department issued a decision in Matter of Esrey v. Ernst & Young, L.… Read More
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Posted: December 5, 2015
Action Barred by Release in Prior Dispute
On November 24, 2015, the First Department issued a decision in Matter of Empire State Building Asso… Read More
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Posted: December 4, 2015
Claims Barred by Statute of Frauds Despite Existence of Documents Referring to Agreement
On October 26, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in L… Read More
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Posted: December 3, 2015
Residence of Trustee Not Determinative of Place of Injury for Purposes of Applying New York's Borrowing Statute
On November 25, 2015, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: December 2, 2015
Whistleblower Claims Fail Because Complaints Unrelated to Actual Violations of Law or Regulation
On November 25, 2015, the Second Department issued a decision in Kamdem-Ouaffo v. Pepsico, Inc., 201… Read More
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Posted: December 1, 2015
Breach of Contract is Defense to Non-Payment of Note When Contract and Note Are Intertwined
On November 25, 2015, the Second Department issued a decision in Jason J. Weindorf, CPA, P.C. v. Wig… Read More
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Posted: November 30, 2015
Court Grants Attachment in Support of Collection of Foreign Judgment
On November 17, 2015, Justice DeStefano of the Nassau County Commercial division issued a decision i… Read More
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Posted: November 29, 2015
First Department Upholds Contract Provision Limiting Damages
On November 19, 2015, the First Department issued a decision in MG Hotel, LLC v. Bovis Lend Lease, L… Read More
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Posted: November 28, 2015
Plaintiff Fails to Plead Fraud Claim Under Special Facts Doctrine
On October 9, 2015, Justice Ramos of the New York County Commercial Division issued a decision in ZF… Read More
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Posted: November 27, 2015
Administrative Employee Not "Associated Person" Subject to FINRA Arbitration Requirements
On November 17, 2015, Justice Singh of the New York County Commercial Division issued a decision in … Read More
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Posted: November 26, 2015
Plaintiff Fails to State Claim for Alter Ego or Successor Liability
On November 16, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: November 25, 2015
Action Dismissed Based on Forum Selection Clause
On November 13, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
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Posted: November 24, 2015
Insurer Ordered to Provide Defense Where Consideration of Facts Outside the Complaint Suggested a "Reasonable Possibility of Coverage"
On October 1, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: November 23, 2015
Legal Malpractice Claim Dismissed Because Plaintiff Was Not Damaged by the Negligence it Alleged
On November 19, 2015, the First Department issued a decision in Women's Integrated Network, Inc. v. … Read More
