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Posted: August 19, 2015
LLC Membership is Chattel Subject to Replevin
On August 11, 2015, the First Department issued a decision in Herman v. 36 Gramercy Park Realty Asso… Read More
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Posted: August 18, 2015
Counsel Disqualified Under Attorney-Witness Rule
On August 13, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in D… Read More
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Posted: August 17, 2015
Court Orders Insurer to Redo Production With Bates Numbers and Detailed Privilege Log
On August 5, 2015, Justice Ritholtz of the Queens County Commercial Division issued a decision in Al… Read More
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Posted: August 16, 2015
Contempt Motion Denied For Improper Service of Subpoena
On July 28, 2015, Justice Bransten of the New York County Commercial Division issued a decision in B… Read More
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Posted: August 15, 2015
CPLR 5223 Allows Broad Range of Inquiry for Post-Judgment Discovery
On August 3, 2015, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More
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Posted: August 14, 2015
Interpreting Daimler, First Department Enforces Information Subpoena Covering Foreign Subsidiaries
On August 11, 2015, the First Department issued a decision in Matter of B&M Kingstone, LLC v. Mega I… Read More
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Posted: August 13, 2015
Right of First Refusal to Purchase Real Estate Subject to Statute of Frauds
On August 5, 2015, the Second Department issued a decision in Educational Center for New Americans, … Read More
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Posted: August 12, 2015
Retraction of Contract Repudiation Ineffective if it is Not Bona Fide
On August 4, 2015, the First Department issued a decision in Beinstein v. Navani, 2015 NY Slip Op. 0… Read More
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Posted: August 11, 2015
Action May Be Brought Against Accountants For Failing To Disclose Client’s Employee's Financial Wrongdoing
On July 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in JAG … Read More
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Posted: August 10, 2015
Nominations for ABA Journal Law Blawg 100
We recently got an email from the ABA Journal telling us that they are working on our annual list of… Read More
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Posted: August 10, 2015
Prohibition on Delay Damages Enforced Absent Bad Faith, Willful Misconduct or Gross Negligence
On July 30, 2015, the Third Department issued a decision in Tougher Industries, Inc. v. Dormitory Au… Read More
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Posted: August 9, 2015
Breach of Contract Statute of Limitations Extended by Continuing Wrong Doctrine
On July 29, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Aff… Read More
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Posted: August 8, 2015
Employment Agreement With a Fixed Term Can Only Be Terminated for Just Cause
On July 22, 2015, Justice Singh of the New York County Commercial Division issued a decision in Stol… Read More
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Posted: August 7, 2015
Fraud Claim Dismissed Because Claimed Damages Violated Out-of-Pocket Rule
On July 24, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 6, 2015
Debtor's Transfer of Good Will To Newly-Formed Entity is Fraudulent Conveyance
On August 4, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Al… Read More
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Posted: August 5, 2015
Town May Be Third-Party Beneficiary of Power Supply Agreement Between LILCO and LIPA
On July 29, 2015, the Second Department issued a decision in Town of Huntington v. Long Island Power… Read More
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Posted: August 4, 2015
Securities Seller in Repurchase Agreement Lacks Standing to Assert Claims as Owner
On July 18, 2015, Justice Bransten of the New York County Commercial Division issued a decision in O… Read More
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Posted: August 3, 2015
RMBS Plaintiff Lacks Standing Due to Failure to Allege Assignment of Tort Claims
On July 14, 2015, Justice Friedman of the New York County Commercial Division issued a decision in H… Read More
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Posted: August 2, 2015
Written Contract May Be Modified By Course of Conduct
On July 20, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 1, 2015
Tortious Interference Claim Dismissed Based on Noerr-Pennington Doctrine
On July 20, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More