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Posted: June 23, 2015
Contractual Disclaimers Preclude Party From Pleading Justifiable Reliance Element of Fraud Claim
On June 2, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Harmi… Read More
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Posted: June 22, 2015
Arbitration Provision in Contract Allegedly Procured by Fraud Still Enforceable
On June 9, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Alkso… Read More
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Posted: June 21, 2015
Intervention Not Allowed Because of Lack of Substantial Interest in Litigation
On June 11, 2015, the First Department issued a decision in Acadia Realty L.P. v. Ringel, 2015 NY Sl… Read More
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Posted: June 20, 2015
Spoliation Sanctions Not Justified Where the Destroyed Documents Were Not Relevant to the Action
On June 11, 2015, the First Department issued a decision in AJ Holdings Group, LLC v. IP Holdings, L… Read More
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Posted: June 19, 2015
No Claim for Breach of Representations and Warranties When Contract Waives Such Claims
On June 11, 2015, the First Department entered a decision in Cambridge Petroleum Holdings, Inc. v. L… Read More
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Posted: June 18, 2015
Where Arbitral Body Selected by Parties Leaves Arbitrability to Arbitrators, Court Cannot Review
On June 11, 2015, the First Department issued a decision in Matter of Field v. BDO USA, LLP, 2015 NY… Read More
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Posted: June 17, 2015
Issue Cannot be Appealed When it Has Already Been Appealed but Abandoned
On June 11, 2015, the First Department issued a decision in North Hill Funding of N.Y., LLC v Maiden… Read More
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Posted: June 16, 2015
Guaranty Precluding Defenses Dooms Defense to Motion for Summary Judgment in Lieu of Complaint
On June 9, 2015, the Court of Appeals issued a decision in Cooperatieve Centrale Raiffeisen-Boerenle… Read More
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Posted: June 15, 2015
Breach of RMBS Repurchase Obligation not Separate Breach of Contract With Own Limitations Period
On June 11, 2015, the Court of Appeals issued a decision in ACE Sec. Corp. v. DB Structured Prods., … Read More
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Posted: June 14, 2015
Limitations Period for Corporate Derivative Claims Does Not Apply to LLC Members
On June 2, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in Bl… Read More
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Posted: June 13, 2015
Opportunity to Comment on Proposed Change to Court Rules
The Office of Court Administration has asked for public comment on a proposed change to the Uniform … Read More
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Posted: June 12, 2015
Party Bound by Arbitration Clause in LLC Agreement in Suit Based on Related Employment Agreement
On June 2, 2015, the First Department issued a decision in Kellman v. Whyte, 2015 NY Slip Op. 04596,… Read More
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Posted: June 11, 2015
Court of Appeals Grants Leave To Appeal In Case Involving Application of Business Judgment Rule to Going Private Transaction
On June 10, 2015, the Court of Appeals granted leave to appeal in Matter of Kenneth Cole Productions… Read More
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Posted: June 10, 2015
Trustee May Bring Action in His Own Name
On June 4, 2015, the First Department issued a decision in Connery v. Sultan, 2015 NY Slip Op. 04750… Read More
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Posted: June 9, 2015
Contract Unenforceable for Lack of Definiteness
On June 3, 2015, the Second Department issued a decision in UETA Latinamerica, Inc. v. Zafir, 2015 N… Read More
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Posted: June 8, 2015
Agreement to Agree Not Enforceable Contract Even Though Memorialized in Writing
On June 4, 2015, the First Department issued a decision in Northern Stamping, Inc. v. Monomoy Capita… Read More
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Posted: June 7, 2015
Usurious Interest Rate Makes Promissory Note Unenforceable
On May 27, 2015, the Second Department issued a decision in Fred Schutzman Co. v. Park Slope Advance… Read More
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Posted: June 6, 2015
Second Department Declines to Hear Appeal Because of Faulty Record
On May 27, 2015, the Second Department issued a decision in Zutrau v. ICE Sys., Inc., 2015 NY Slip O… Read More
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Posted: June 5, 2015
Court of Appeals Accepts Certified Questions Regarding Interpretation of New York’s Franchised Motor Vehicle Dealer Act
On June 4, 2015, the Court of Appeals accepted two certified questions from the Second Circuit in Be… Read More
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Posted: June 4, 2015
Insurance Broker Not Liable for Alleged Torts and Breach of Contract of His Employer
On May 27, 2015, the Second Department issued a decision in Lido Beach Towers v. Denis A. Miller Ins… Read More
