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Posted: October 18, 2015
If Equitable Relief is Contractual Sole Remedy, Damages Awardable if Equitable Relief Impossible
On October 13, 2015, the First Department issued a decision in Nomura Home Equity Loan, Inc., Series… Read More
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Posted: October 17, 2015
No Interference with Prospective Business Relations Where Misconduct Directed at Plainitiff
On October 13, 2015, the First Department issued a decision in RXR WWP Owner LLC v. WWP Sponsor, LLC… Read More
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Posted: October 16, 2015
Waiver of Contingency in Real Estate Contract Must be Clear
On October 9, 2015, the Fourth Department issued a decision in Pohlman v. Madia, 2015 NY Slip Op. 07… Read More
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Posted: October 15, 2015
First Department Analyzes Scope And Application Of The Fiduciary Exception To Attorney-Client Privilege
On October 8, 2015, the First Department issued a decision in NAMA Holdings, LLC v. Greenberg Trauri… Read More
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Posted: October 14, 2015
Rescission Unavailable When Status Quo Cannot be Restored
On October 5, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: October 13, 2015
Class Action Arbitration Waivers Signed After Litigation Begun Not Enforced
On October 8, 2015, the First Department issued a decision in Weinstein v. Jenny Craig Operations, I… Read More
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Posted: October 12, 2015
CLE Program: Practicing in NYS Supreme Court
On October 28, 2015, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the… Read More
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Posted: October 12, 2015
Performance Exceptions to Statute of Frauds Unavailable to Defeat Summary Judgment Motion
On September 21, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in… Read More
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Posted: October 11, 2015
Court Refuses to Consider Extrinsic Evidence Regarding Terms of Employment Agreements
On September 30, 2015, Justice Singh of the New York County Commercial Division issued a decision in… Read More
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Posted: October 10, 2015
Accusations of Trespass Not Defamation Per Se
On September 30, 2015, Justice Bransten of the New York County Commercial Division issued a decision… Read More
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Posted: October 9, 2015
Alleged Contract Unenforceable Agreement to Agree
On October 2, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in Pr… Read More
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Posted: October 8, 2015
Claims Direct, Not Derivative, Because Harm Alleged and Relief Sought Were to Plaintiffs
On October 6, 2015, the First Department issued a decision in SFR Holdings Ltd. v. Rice, 2015 NY Sli… Read More
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Posted: October 7, 2015
Unjust Enrichment Claim Requires Relationship Between Plaintiff and Defendant
On October 6, 2015, the First Department issued a decision in Schroeder v. Pinterest Inc., 2015 NY S… Read More
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Posted: October 6, 2015
Court Analyzes Law Regarding Whether a Contract is Ambiguous
On September 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in… Read More
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Posted: October 5, 2015
Balance of Equities Favors Defendant Despite "Catastrophic Result" to Plaintiff
On September 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in… Read More
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Posted: October 4, 2015
Receipt of Salary from Transferee Insufficient to Render Defendant a Transferee
On October 1, 2015, the First Department issued a decision in Cantor Fitzgerald & Co. v. 8an Capital… Read More
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Posted: October 3, 2015
Agreement to Agree Not an Enforceable Contract
On October 1, 2015, the First Department issued a decision in Offit v. Herman, 2015 NY Slip Op. 0705… Read More
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Posted: October 1, 2015
Damages Awarded on Default Judgment Slashed by Second Department
On September 30, 2015, the Second Department issued a decision in Vested Business Brokers, Ltd. v. R… Read More
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Posted: September 30, 2015
Court of Appeals Arguments of Interest for the Week of October 12, 2015
Upcoming oral arguments in the Court of Appeals the week of October 12, 2015, that may be of interes… Read More
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Posted: September 29, 2015
Service That Identified Rent Overcharges Not Providing Real Estate Brokerage Services
On September 29, 2015, the First Department issued a decision in Commercial Tenant Services, Inc. v.… Read More
