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Posted: September 8, 2015
One-Time Private Contract Not Subject to GBL 349 Claim
On August 31, 2015, Justice Scheinkman of the Westchester County Commercial Division issued a decisi… Read More
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Posted: September 7, 2015
Action Untimely Even With Continuous Representation Doctrine Tolling
On September 2, 2015, the Second Department issued a decision in Tantleff v Kestenbaum & Mark, 2015 … Read More
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Posted: September 6, 2015
No Punitive Damages Without Fraudulent or Evil Motive and Outrage Associated with Crime
On August 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: September 5, 2015
Unjust Enrichment Not Predicate Tort for CPLR 302 Jurisdiction Over Co-Conspirator
On August 25, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: September 4, 2015
Buyer Did Not Assume Seller's Obligation to Arbitrate Dispute With Seller's Broker
On September 1, 2015, the First Department issued a decision in Matter of TBA Global, LLC v. Fidus P… Read More
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Posted: September 3, 2015
Foreign Judgments Enforced Absent Fraud or Violation of New York Public Policy
On August 26, 2015, the Second Department issued a decision in Basile v. CAI Master Allocation Fund,… Read More
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Posted: September 2, 2015
Court of Appeals Arguments of Interest for the Week of September 7, 2015
Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators inc… Read More
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Posted: September 1, 2015
Court of Appeals Grants Leave To Appeal In Case Concerning “Safe Harbor” Exception To Champerty Statute
On August 27, 2015, the Court of Appeals granted leave to appeal in Justinian Capital SPC v. WestLB … Read More
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Posted: August 31, 2015
Lack of Standing is not a Jurisdictional Defect Justifying Sua Sponte Dismissal
On August 26, 2015, the Second Department issued a decision in Mortgage Electronic Registration Syst… Read More
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Posted: August 30, 2015
Court Rejects Referee's Recommended Award of Punitive Damages
On August 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 29, 2015
Because Deadline for Contract Performance was on Weekend, Deadline was Extended to Weekday
On August 18, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More
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Posted: August 28, 2015
Absence of Damages Fatal of Breach of Contract Claim
On August 21, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 27, 2015
Plaintiff States Claim for Fraudulent Inducement Despite Being At-Will Employee
On August 25, 2015, the First Department issued a decision in Laduzinski v. Alvarez & Marsal Taxand … Read More
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Posted: August 26, 2015
Damages for Breach of "Agreement to Agree" Limited to Out-of-Pocket Expenses
On August 17, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 25, 2015
Contract's Arbitration Clause Enforced Despite Alleged Fraud Relating to Contract
On August 19, 2015, the Second Department issued a decision in Ferrarella v. Godt, 2015 NY Slip Op. … Read More
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Posted: August 24, 2015
Case Cannot be Dismissed as Abandoned Unless Note of Issue Has Been Filed
On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in G… Read More
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Posted: August 23, 2015
Court Finds Issue of Fact on Voluntary Payment Doctrine Defense
On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in K… Read More
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Posted: August 22, 2015
Court Grants Motion to Amend Filed Shortly Before Note of Issue Date
On August 3, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: August 21, 2015
Failure to Disclose Stark Departure from Basic Assumption in Industry States Fraud Claim
On August 18, 2015, the First Department issued a decision in ACA Financial Guaranty Corp. v. Goldma… Read More
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Posted: August 20, 2015
Default Not Vacated Because of Lack of Reasonable Excuse
On August 12, 2015, the Second Department issued a decision in Aurora Loan Servs., LLC v. Lucero, 20… Read More
