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Posted: January 30, 2015
Disclaimer of Coverage Not in Bad Faith When No Intent to Delay and Arguable Basis for Denial Existed
On January 22, 2015, the First Department issued a decision in S Bros. Inc. v. Leading Insurance Ser… Read More
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Posted: January 29, 2015
First Department Affirms Injunction Pending Arbitration Based, In Part, On Agreement Limiting Damages
On January 22, 2015, the First Department issued a decision in Matter of Rockwood Pigments NA, Inc. … Read More
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Posted: January 28, 2015
First Department Analyzes "Manifest Intent" Requirement in Fidelity Bond
On January 22, 2015, the First Department issued a decision in Keybank N.A. v. National Union Fire I… Read More
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Posted: January 27, 2015
Debt Not Acknowledged in Writing Does Not Revive Statute of Limitations
On January 21, 2015, the Second Department issued a decision in Mosab Construction Corp. v. Prospect… Read More
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Posted: January 26, 2015
Court Denies Motion to Amend Petition for Judicial Dissolution of Corporation to Add Allegations to Post-Commencement Wrongdoing
On January 16, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
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Posted: January 25, 2015
Insured Not Entitled to Coverage When it Fails to Set Fire Alarm as Required by Policy
On January 21, 2015, the Second Department issued a decision in Triple Diamond Café, Inc. v. Those … Read More
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Posted: January 24, 2015
Court Enforces Choice of Law Provision Notwithstanding Dispute's Lack of Connection to New York
On January 9, 2015, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: January 23, 2015
SEC Administrative Order Insufficient to Establish Dishonesty Triggering Insurance Policy Dishonest Acts Exclusion
On January 15, 2015, the First Department issued a decision in J.P. Morgan Securities Inc. v. Vigila… Read More
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Posted: January 22, 2015
Justice Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division recently updated his part practices and tri… Read More
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Posted: January 21, 2015
"But for" Standard for Legal Malpractice Applies Equally to Accountant Malpractice Claim
On January 8, 2015, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
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Posted: January 20, 2015
Consequential Damages Claim Dismissed Because Such Damages Not Contemplated at Time of Contracting
On January 14, 2015, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: January 19, 2015
Shareholder Has Standing to Assert Unjust Enrichment Claim
On January 13, 2015, the First Department issued a decision in Scott v. Pro Management Services Grou… Read More
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Posted: January 18, 2015
Client Bound by Conflict Waiver With Counsel
On January 9, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: January 17, 2015
Transcripts and Videos of Arguments in the Court of Appeals for the Week of January 5, 2015, Now Available
On December 30, 2014, we noted two cases of interest from the oral arguments for the week of January… Read More
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Posted: January 16, 2015
Issues of Fact As To Whether Foreign Unlicensed Corporation Was Doing Business In New York Preclude Dismissal Under BCL § 1312
On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: January 15, 2015
Recent Amendments to the Commercial Division Rules
Recently, the Chief Administrative Judge has adopted several changes to the Commercial Division Rule… Read More
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Posted: January 14, 2015
Prospective Client Who Consults Attorney who Ultimately Represents Adverse Party Must Show Harm to Disqualify Counsel
On January 8, 2015, the First Department issued a decision in Mayers v. Stone Castle Partners, LLC, … Read More
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Posted: January 13, 2015
Quick Review of CPLR 207: Tolling of the Limitations Period for Out-of-State Defendants
CPLR 207 governs the calculation of time for statute of limitations purposes when a defendant cannot… Read More
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Posted: January 12, 2015
Expert Opinion Without Basis in Evidence Cannot Serve as Basis for Damage Award
On January 8, 2015, the Third Department issued a decision in Latham Land I LLC v. TGI Friday's Inc.… Read More
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Posted: January 11, 2015
Another Commercial Division Rejection of a Class Action Settlement
On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
