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Posted: November 22, 2015
Summary Judgment in Lieu of Complaint Reversed Because of Question of Fact Regarding Forgery
On November 18, 2015, the Second Department issued a decision in Kitovas v. Megaris, 2015 NY Slip Op… Read More
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Posted: November 21, 2015
Action for Reformation of Deed Time-Barred
On November 18, 2015, the Second Department issued a decision in Lopez v. Lopez, 2015 NY Slip Op. 08… Read More
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Posted: November 20, 2015
Complaint Not Barred by the Doctrine of Res Judicata
On November 18, 2015, the Second Department issued a decision in Ricatto v. Mapliedi, 2015 NY Slip O… Read More
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Posted: November 19, 2015
Summary Judgment Reversed; Issue for Trial on Ambiguous Term in Contract
On November 17, 2015, the First Department issued a decision in Impala Partners v. Borom, 2015 NY Sl… Read More
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Posted: November 18, 2015
Justices Ramos and Kornreich Update Part Rules
Justices Charles E. Ramos and Shirley Werner Kornreich of the New York County Commercial Division re… Read More
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Posted: November 17, 2015
Policyholder's Claim For "Bad Faith Claims Handling" Dismissed As Duplicative of Breach of Contract Claim
On October 27, 2015, the First Department issued a decision in Orient Overseas Assoc. v. XL Insuranc… Read More
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Posted: November 16, 2015
Court Examines Standard for Motion to Dismiss When Defendant Submits Evidentiary Material
On November 12, 2015, the Second Department issued a decision in Shofel v. DaGrossa, 2015 NY Slip Op… Read More
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Posted: November 15, 2015
Failure Timely to Comply With Conditional Preclusion Order Causes Order to Become Absolute
On November 12, 2015, the Second Department issued a decision in Mona & Jack's Clothing, Inc. v. Ola… Read More
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Posted: November 14, 2015
No Assignment of Claims by Implication
On November 12, 2015, the First Department issued a decision in Sealink Funding Ltd. v. Morgan Stanl… Read More
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Posted: November 13, 2015
Prior Criminal Restitution Payments Do Not Prohibit Claim in a Civil Action
On November 5, 2015, the First Department issued a decision in Marion Blumenthal Trust v. Arbor Comm… Read More
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Posted: November 12, 2015
Consequential Damages Not Allowed When Not Foreseeable and Contemplated by Parties
On November 10, 2015, the First Department issued a decision in ERC 16W L.P. v. Xanadu Mezz Holdings… Read More
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Posted: November 11, 2015
Action Asserting Derivative Claims Directly Dismissed for Lack of Standing
On November 6, 2015, Justice Ramos of the New York County Commercial Division issued a decision in H… Read More
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Posted: November 10, 2015
Court of Appeals Arguments of Interest for the Week of November 16, 2015
Upcoming oral arguments in the Court of Appeals the week of November 16, 2015, that may be of intere… Read More
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Posted: November 10, 2015
First Department Analyzes Voluntary Payment Doctrine
On November 5, 2015, the First Department issued a decision in DRMAK Realty LLC v. Progressive Credi… Read More
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Posted: November 9, 2015
Opportunity to Comment on Proposed Changes to Disciplinary Rules
The Office of Court Administration has asked for public comment on the proposed Uniform Attorney Dis… Read More
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Posted: November 9, 2015
Court Preliminarily Approves Class Certification and Settlement; Questions Fee Award
On October 27, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: November 8, 2015
Court Dismisses Claims Based on Vicarious Liability
On October 22, 2015, Justice Ramos of the New York County Commercial Division issued a decision in V… Read More
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Posted: November 7, 2015
Court Refuses to Order Specific Performance of Restrictive Covenant
On October 19, 2015, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
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Posted: November 6, 2015
Dismissal Based on In Pari Delicto Doctrine Upheld
On October 28, 2015, the Second Department issued a decision in CRC Litigation Trust v. Marcum, LLP,… Read More
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Posted: November 5, 2015
Fraud Claim Dismissed Because of Failure to Show Due Diligence
On October 22, 2015, Justice Singh of the New York County Commercial Division issued a decision in K… Read More
