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Posted: July 31, 2015
Second Voluntary Discontinuance is Adjudication the Merits Barring Further Assertion of Claims
On July 15, 2015, the Second Department issued a decision in Haber v. Raso, 2015 NY Slip Op. 06113, … Read More
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Posted: July 30, 2015
Restrictive Covenant Made in Connection With Sale of Business Enforced by Stricter Standard
On July 10, 2015, the Fourth Department issued a decision in Genesee Valley Trust Co. v. Waterford G… Read More
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Posted: July 29, 2015
No Fraudulent Inducement Claim When Contract Disclaims All Non-Contractual Representations
On July 15, 2015, the Second Department issued a decision in Oseff v. Scotti, 2015 NY Slip Op. 06123… Read More
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Posted: July 28, 2015
Alleged Recipient of Embezzeled Funds Subject to Claim for Unjust Enrichement
On July 10, 2015, the Fourth Department issued a decision in Simpson & Simpson, PLLC v. Lippes Mathi… Read More
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Posted: July 27, 2015
Court of Appeals Illustrates Application of Rules of Contract Construction
On June 25, 2015, the Court of Appeals issued a decision in Universal American Corp. v. National Uni… Read More
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Posted: July 26, 2015
Plaintiff Must Nullify Cancellation Before Bringing A Derivative Action On Behalf Of A Defunct Delaware LLC
On July 6, 2015, Justice Oing of the New York County Commercial Division issued a decision in Meissn… Read More
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Posted: July 25, 2015
Action Dismissed for Lack of Standing
On June 26, 2015, Justice Bransten of the New York County Commercial Division issued a decision in D… Read More
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Posted: July 24, 2015
Jury's Brokerage Fee Award Vacated Due to Lack of Evidence Proposed Buyer Was Able to Purchase
On July 8, 2015, the Second Department issued a decision in Island Associates Real Estate, Inc. v. D… Read More
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Posted: July 24, 2015
Claim for Unjust Enrichment Lies Against Party Who Received Property Stolen From Plaintiff
On July 2, 2015, the First Department issued a decision in Lau v. Lazar, 2015 NY Slip Op. 05770, hol… Read More
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Posted: July 23, 2015
Opportunity to Comment on Two Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the rules… Read More
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Posted: July 23, 2015
Continuous Representation Doctrine Forecloses Dismissal of Legal Malpractice Claim as Time-Barred
On July 2, 2015, the First Department issued a decision in Overseas Shipholding Group, Inc. v. Prosk… Read More
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Posted: July 22, 2015
In Deciding Motion to Amend, Court Not Required to Accept Allegations As True
On June 30, 2015, the First Department issued a decision in Boaz Bag Bag v. Alcobi, 2015 NY Slip Op.… Read More
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Posted: July 22, 2015
Whether an Arbitration is a Collateral Attack on an Earlier Award is Decision for the Court
On June 25, 2015, the First Department issued a decision in Oppenheimer & Co. Inc. v. Pitch, 2015 NY… Read More
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Posted: July 21, 2015
Knowledge of Defendants' Misconduct Bars Claims, Including Under Continuing Tort Doctrine
On June 25, 2015, the First Department issued a decision in American Entrance Services, Inc. v. Roed… Read More
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Posted: July 21, 2015
Plaintiff Bound By Arbitration Clause in Contract to Which it Was Not A Party
On July 13, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 20, 2015
“Incorrigible” Defendant’s Answer And Counterclaims Stricken For Failing To Comply With Discovery Orders
On July 13, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: July 19, 2015
Court Considers Whether Plaintiff’s Inadvertent Electronic Filing of Confidential Documents As Exhibits to Motion Papers Waived Trade Secret Protection
On July 14, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in HMS … Read More
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Posted: July 18, 2015
Action Dismissed in Favor of Other Pending Action
On May 7, 2015, Justice Grays of the Queens County Commercial Division issued a decision in A&N Food… Read More
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Posted: July 17, 2015
Partial Payment for First Representation Does Not Support Account Stated Claim for Second Matter
On June 16, 2015, the First Department issued a decision in Boies, Schiller & Flexner LLP v. Modell,… Read More
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Posted: July 15, 2015
Prevailing Party Not Entitled to Fees Under Contract Because Provision Awarding Costs Not Unmistakably Clear
On June 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
