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Posted: September 27, 2015
Claims Against Union and its Officers Dismissed Under Martin Rule
On September 23, 2015, the Second Department issued a decision in Cablevision Systems Corp. v. Commu… Read More
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Posted: September 26, 2015
Limitations Period for Unjust Enrichment as Alternative to Tort is Same As for the Tort
On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
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Posted: September 25, 2015
Adverse Inference Sanction Upheld Where No Reasonable Explanation for Documents' Nonproduction
On September 23, 2015, the Second Department issued a decision in Schiano v. Mijul, Inc., 2015 NY Sl… Read More
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Posted: September 24, 2015
Fraudulent Inducement Claim Based on Defendant's Intention Not to Perform When Contract Made
On September 23, 2015, the Second Department issued a decision in Vision Accomplished, Inc. v. Lowe … Read More
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Posted: September 23, 2015
Claims Against Con Edison Dismissed Under Filed Rate Doctrine
On September 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in… Read More
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Posted: September 22, 2015
Claim Untimely Despite Being Brought Within Six Years of Accrual As Defined by Contract
On September 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decisio… Read More
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Posted: September 21, 2015
Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 7, 2015, Now Available
On September 2, 2015, we noted three cases of interest from the oral arguments for the week of Septe… Read More
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Posted: September 20, 2015
Contractor Entitled to Amount Due for Work Completed Plus Lost Profits on Uncompleted Work
On August 21, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Oce… Read More
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Posted: September 19, 2015
Successor Liability Adequately Alleged Under De Facto Merger Doctrine
On August 5, 2015, Justice Kitzes of the Queens County Commercial Division issued a decision in Loga… Read More
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Posted: September 18, 2015
Use of State E-Filing Continues to Grow
For those of us who practice in the Commercial Division, e-filing has been a part of our lives for s… Read More
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Posted: September 17, 2015
Unjust Enrichment Claim Based on Use of Video Clip Preempted by Civil Rights Law §§ 50 and 51
On September 16, 2015, the Second Department issued a decision in Sondik v. Kimmel, 2015 NY Slip Op.… Read More
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Posted: September 16, 2015
Defendant Not "Prevailing Party" under Fee-Shifting Agreement for Claim Dismissed for Lack of Proper Service
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: September 15, 2015
Even Though Sports Agency Contract Void, Agent Can Recover for Unjust Enrichment
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: September 14, 2015
Wife Third-Party Beneficiary of Contract Signed By Husband
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: September 13, 2015
No Tortious Interference Claim If Defendant Not But-For Cause of Breach
On August 18, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Oik… Read More
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Posted: September 12, 2015
Judgment Debtor Bound By Information on Original Tax Returns, Not Later-Amended Returns
On August 31, 2015, Justice Singh of the New York County Commercial Division issued a decision in Ma… Read More
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Posted: September 11, 2015
Claim for Aiding and Abetting Fraud Requires Proof of Actual Knowledge of the Fraud
On August 18, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in Otk… Read More
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Posted: September 10, 2015
Motion for Relief from Judgment Under CPLR 5015 Must be Made by Order to Show Cause
On August 17, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in Vi… Read More
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Posted: September 9, 2015
Opportunity to Comment on Proposed Change to Court Rules
The Office of Court Administration has asked for public comment on a proposed new Section 523 of the… Read More
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Posted: September 9, 2015
Statute of Frauds Bars Contract Claim
On August 27, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in … Read More
