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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
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Posted: July 13, 2015
Action Dismissed as Abandoned Because Plaintiff Had No Reasonable Excuse for Not Prosecuting Case
On June 17, 2015, the Second Department issued a decision in Ohio Savings Bank v. Decaudin, 2015 NY … Read More
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Posted: July 12, 2015
Court Should Not Have Allowed Party to Discontinue to Avoid Decision on Motion to Dismiss
On June 18, 2015, the First Department issued a decision in Jericho Group, Ltd. v. Mid-Town Developm… Read More
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Posted: July 11, 2015
Jury Demand Stricken Because Damages Claim Was Incidental to Equitable Relief Sought
On June 18, 2015, the First Department issued a decision in Wathne Imports, Ltd. v. PRL USA, Inc., 2… Read More
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Posted: July 10, 2015
Conflict Waiver in Engagement Letter Binding on Client that Later Became Adverse to Counsel
On July 9, 2015, the First Department issued a decision in Gem Holdco, LLC v. Ridgeline Energy Servi… Read More
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Posted: July 9, 2015
Insurer's Obligation to Pay for Defense Until Final Judgment Ends When Beneficiary is Sentenced
On June 23, 2015, the First Department issued a decision in Dupree v. Scottsdale Ins. Co., 2015 NY S… Read More
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Posted: July 8, 2015
Fraudulent Inducement Claim Proper Even Though False Representation Was Contained in Contract
On July 7, 2015, the First Department issued a decision in Wyle Inc. v. ITT Corp., 2015 NY Slip Op. … Read More
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Posted: July 7, 2015
Contractual Venue-Selection Clause Trumps Requirement of CPLR 507 That An Action Concerning Title to Real Property Be Brought In the County Where the Property is Located
On June 8, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in NC… Read More
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Posted: July 6, 2015
Court of Appeals Accepts Certified Questions from Delaware Supreme Court Regarding Allocation of Losses From Asbestos Injuries
On June 25, 2015, the Court of Appeals accepted certified questions from the Delaware Supreme Court … Read More
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Posted: July 5, 2015
Fraud Claim Accrues at Time of Transaction, Not When Losses Subsequently Are Realized
On June 17, 2015, Justice Friedman of the New York County Commercial Division issued a decision in C… Read More
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Posted: July 4, 2015
When Plaintiff Causes Defendant's Failure to Perform it Cannot Base a Claim Upon That Failure
On June 24, 2015, the Second Department issued a decision in Frank Brunckhorst Co., LLC v. JPKJ Real… Read More
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Posted: July 3, 2015
New York Attorney Secure Pass Renewals Now Available Online
The Office of Court Administration has announced that you can now renew your attorney secure pass on… Read More
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Posted: July 2, 2015
Services in Deciding Whether to Negotiate Real Estate Deal Not Covered by Statute of Frauds
On July 1, 2015, the Court of Appeals issued a decision in JF Capital Advisors, LLC v. Lightstone Gr… Read More
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Posted: July 1, 2015
Purchaser of Note Lacked Standing to Bring Fraud Claims Because Claims Not Specifically Assigned
On June 30, 2015, the Court of Appeals issued a decision in Commonwealth of Pa. Public School Employ… Read More
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Posted: June 30, 2015
Copyright Claim Cannot be Brought in State Court Even if Repackaged as State Law Claim
On June 8, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in C… Read More
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Posted: June 29, 2015
Corporation's Payment of Back Taxes Retroactively Validated Contract Executed During Period of Delinquency
On June 2, 2015, Justice Singh of the New York County Commercial Division issued a decision in Exedu… Read More
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Posted: June 28, 2015
Liquidating Agreement Claim by Subcontractor Accrues When General Contractor's Claim Time-Barred
On June 5, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Rad &… Read More
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Posted: June 27, 2015
Default Judgments Reversed for Insufficient Proof of Service
On June 19, 2015, the Fourth Department issued a decision in Interboro Insurance Co. v. Tahir, 2015 … Read More
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Posted: June 26, 2015
Answer Dismissed For Failure To Comply With CPLR § 3126 Conditional Order
On June 3, 2015, Justice Bransten of the New York County Commercial Division issued a decision in CP… Read More
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Posted: June 25, 2015
Settling Party Not Entitled to Contribution from Co-Defendants
On June 18, 2015, the First Department issued a decision in Diversified Group, Inc. v. Marcum & Klie… Read More
