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Posted: May 15, 2015
Prior Action Terminates for CPLR 205(a) Purposes When Appeal is Dismissed, Not When Underlying Order is Entered
On May 14, 2015, the Court of Appeals issued a decision in Malay v. City of Syracuse, 2015 NY Slip O… Read More
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Posted: May 14, 2015
Award of Fees Under CPLR 3220 Available Even if Action is Disposed of on a Motion to Dismiss
On May 1, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v… Read More
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Posted: May 13, 2015
No Statute of Limitations on Claim Based on Forged Deed
On May 12, 2015, the Court of Appeals issued a decision in Faison v. Lewis, 2015 NY Slip Op. 04026, … Read More
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Posted: May 12, 2015
Counsel Fails to Demonstrate Law Office Failure Sufficient to Justify Vacating Default
On May 8, 2015, Justice Oing of the New York County Commercial Division issued a decision in Ludwigs… Read More
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Posted: May 11, 2015
First Department Affirms Dismissal On Forum Non Conveniens Grounds
On April 28, 2015, the First Department issued a decision in Hanwha Life Ins. v. UBS AG, 2015 NY Sli… Read More
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Posted: May 10, 2015
Notice of Pendency Vacated When Not Support by Allegations of Original Complaint
On April 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: May 9, 2015
Court Declines to Exercise Personal Jurisdiction Over Foreign Entities Under Mere Department Doctrine
On April 24, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: May 8, 2015
Defendant's Specialized Knowledge of its Own Business Insufficient Basis for Negligent Misrepresentation Claim
On April 16, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Pho… Read More
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Posted: May 7, 2015
Continuous Representation Doctrine Requires More than a Continuing Relationship
On April 30, 2015, the First Department issued a decision in Johnson v. Proskauer Rose LLP, 2015 NY … Read More
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Posted: May 6, 2015
Justice Anil C. Singh Posts Part Rules
Newly-appointed Justice Singh of the New York County Commercial Division recently posted his Individ… Read More
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Posted: May 6, 2015
Class Must be Certified Even When Named Plaintiff No Longer Has Claim
On May 1, 2015, Justice Kornreich of the New York County issued a decision in Vasquez v. National Se… Read More
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Posted: May 5, 2015
Litigant Ordered to Use Hague Convention to Obtain Foreign Bank Documents
On April 28, 2015, the First Department issued a decision in Peters v. Peters, 2015 NY Slip Op. 0348… Read More
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Posted: May 4, 2015
First Department Affirms Denial of Class Certification
On April 28, 2015, the First Department issued a decision in Egan v. Telomerase Activation Sciences,… Read More
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Posted: May 3, 2015
No Summary Judgment Against Sureties Where There Were Questions of Fact Regarding Whether They Were Bound by Prior Proceeding
On April 21, 2015, the First Department issued a decision in Five Star Electric Corp. v. Federal Ins… Read More
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Posted: May 2, 2015
Failure to Justify Untimely Service of Complaint Results in Dismissal
On April 22, 2015, the Second Department issued a decision in J L Collier Corp. v. Wells Fargo Bank,… Read More
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Posted: May 1, 2015
Rescission Not Available Where Status Quo Ante Cannot Be Restored
On April 22, 2015, the Second Department issued a decision in Habberstad Volkswagen, Inc. v. GC Volk… Read More
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Posted: April 30, 2015
First Department Reverses Award of Sanctions for Frivolous Litigation
On April 23, 2015, the First Department issued a decision in Gordon Group Investments, LLC v. Kugler… Read More
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Posted: April 29, 2015
No Dismissal Where Questions of When Fraud Could have Been Discovered Exist
On April 20, 2015, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
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Posted: April 28, 2015
Defects in Summons Require Dismissal of Action Brought By Motion For Summary Judgment In Lieu of Complaint
On April 17, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: April 27, 2015
Corporate Officers Who Repaid Loans to Themselves Instead of Paying Creditors Liable for Fraudulent Conveyance
On April 16, 2015, the First Department issued a decision in Holme v. Global Minerals & Metals C… Read More
