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Posted: March 25, 2015
Stipulation of Settlement Not Enforceable if Not Properly Memorialized
On March 18, 2015, the Second Department issued a decision in De Well Container Shipping Corp. v. Mi… Read More
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Posted: March 24, 2015
Chief Administrative Judge Issues Report on Electronic Filing in New York
On March 16, 2015, Chief Administrative Judge Prudenti submitted a Report to the Legislature, the Go… Read More
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Posted: March 24, 2015
First Department Analyzes Strict Compliance Requirement for Letters of Credit
On March 19, 2015, the First Department issued a decision in Ladenburg Thalmann & Co, Inc. v. Si… Read More
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Posted: March 23, 2015
Second Department Enforces Contract Term Shortening Statute of Limitations
On March 18, 2015, the Second Department issued a decision in State of Narrow Fabric, Inc. v. UNIFI,… Read More
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Posted: March 22, 2015
Claim Not Barred by UCC's Four-Year Statute of Limitations
On March 12, 2015, Justice Pines of the Suffolk County Commercial Division issued a decision in U.S.… Read More
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Posted: March 21, 2015
First Department Analyzes Rules for Interpreting Letters of Credit
On March 17, 2015, the First Department issued a decision in BasicNet S.p.A. v. CFP Servs. Ltd., 201… Read More
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Posted: March 20, 2015
Evidence That Process Server Was Unlicensed Sufficient to Rebut Plaintiff's Prima Facie Showing Of Proper Service
On March 12, 2015, the First Department issued a decision in Matter of Pasanella v. Quinn, 2015 NY S… Read More
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Posted: March 20, 2015
NYSCEF Resource Center Reminds Users of the Importance of Using eTrack
Today, the NYSCEF Resource Center sent a reminder to registered attorneys regarding eTrack. For the… Read More
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Posted: March 19, 2015
Justice Scarpulla Updates Part Rules
Justice Scarpulla of the New York County Commercial Division recently updated her part practices. … Read More
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Posted: March 19, 2015
Court of Appeals Arguments of Interest for the Week of March 23, 2015
Arguments the week of March 23, 2015, in the Court of Appeals that may be of interest to commercial… Read More
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Posted: March 18, 2015
Court Grants Preliminary Injunction/Attachment Order Directing Party That Spent Disputed Funds To Deposit Equivalent Amount In Segregated Account
On March 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: March 18, 2015
Defense Counsel Ordered to Pay Plaintiffs Attorneys' Fees As A Sanction For "Dilatory Discovery Conduct"
On March 4, 2015, Justice Bransten of the New York County Commercial Division issued a decision in V… Read More
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Posted: March 17, 2015
Buyer’s Fraudulent Inducement Claim Survives Motion To Dismiss Despite Contract Provision Disclaiming Reliance On Seller’s Representations
On March 3, 2015, the First Department issued a decision in TIAA Global Investments, LLC v. One Asto… Read More
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Posted: March 16, 2015
Reminder: Upcoming Panel on the Pilot Mandatory Mediation Program in the New York County Commercial Division
This is a reminder that on April 9, 2015, the Commercial Division Sub-Committee of the NYSBA Commerc… Read More
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Posted: March 16, 2015
Opportunity to Comment on Proposed New Court Rule Regarding the Recognition of Tribal Court Judgments
The Office of Court Administration has asked for further public comment on a proposed new rule (22 N… Read More
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Posted: March 15, 2015
Owner May Be Liable Under General Contractor's Contract With Subcontractor
On March 11, 2015, the Second Department issued a decision in Vertical Progression, Inc. v. Canyon J… Read More
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Posted: March 14, 2015
Court Analyzes Damages For Which Enjoined Party May Recover
On February 27, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
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Posted: March 13, 2015
Attorneys' Fees Award Reversed for Lack of Proof
On March 10, 2015, the First Department issued a decision in 135 E. 57th St., LLC v. 57th St. Day Sp… Read More
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Posted: March 12, 2015
No Malpractice Claim Against Counsel for Other Party in a Deal
On March 2, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Lese… Read More
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Posted: March 11, 2015
Status Report on the New Jersey Complex Business Litigation Program
Following up on our November 27, 2014, post regarding the New Jersey Complex Business Litigation Pro… Read More
