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Posted: January 10, 2015
Exercise of Right of First Refusal Must Be Unqualified to be Binding
On December 19, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: January 9, 2015
Court of Appeals Arguments of Interest for the Week of January 12, 2015
Arguments the week of January 12, 2015 in the Court of Appeals that may be of interest to commercial… Read More
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Posted: January 8, 2015
At-Will Employee Can Assert Breach of Contract Claim for Wages Owed
On December 31, 2014, the Second Department issued a decision in Webb v. Greater N.Y. Auto. Dealers … Read More
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Posted: January 7, 2015
CPLR No Longer Requires Affidavits from Foreign Witnesses
Effective January 1, 2015, CPLR 2106 is amended to provide: (b) The statement of any person, when th… Read More
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Posted: January 7, 2015
Insured Entitled to Fees After Prevailing on Claim for Declaratory Judgment
On December 30, 2014, the First Department issued a decision in American Home Assurance Co. v. Port … Read More
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Posted: January 6, 2015
Court Rejects Class Action Settlement
On December 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
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Posted: January 5, 2015
Court Refuses to Disqualify Counsel from Defending Both the Nominal Defendant and Other Defendants in a Derivative Action
On December 30, 2014, the First Department issued a decision in Stilwell Value Partners IV, L.P. v. … Read More
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Posted: January 4, 2015
Breach of Contract Claim Does Not Accrue Until Plaintiff Had the Right to Demand Performance
On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: January 3, 2015
Guarantor of Corporation’s Performance of Covenants Under Contract Bound By Corporation’s Consent To Jurisdiction In New York
On December 31, 2014, the Second Department issued a decision in Professional Merchant Advance Capit… Read More
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Posted: January 2, 2015
Communications with Accountant Not Privileged When No Record That He Was Engaged By and For Counsel
On December 19, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: January 1, 2015
No Appeal from Order Issued in Response to Letter Request
On December 30, 2014, the First Department issued a decision in 1471 Second Corp. v. Nat of NY Corp.… Read More
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Posted: December 31, 2014
Contract Provision For Renegotiation Of Fees Too Vague To Be Enforced
On December 10, 2014, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: December 30, 2014
Court of Appeals Arguments of Interest for the Week of January 5, 2015
Arguments the week of January 5, 2015 in the Court of Appeals that may be of interest to commercial … Read More
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Posted: December 30, 2014
Mechanics Lien That Incorrectly Listed Corporation As Property Owner Instead of Corporation's Sole Shareholder Could Be Amended To Reflect The True Owner
On December 16, 2014, the Court of Appeals issued a decision in Rigano v. Vibar Construction, Inc., … Read More
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Posted: December 29, 2014
Supplier Lists Not Trade Secrets
On December 19, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
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Posted: December 28, 2014
Officer of Dissolved Corporation Personally Liable For Obligations Incurred By Corporation Post-Dissolution
On December 17, 2014, the Second Department issued a decision in 80-02 Leasehold, LLC v. CM Realty H… Read More
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Posted: December 27, 2014
Personal Jurisdiction Adequately Alleged Where There Was a Factual Showing that Out-of-State Defendants Conspired with In-State Defendant
On December 15, 2014, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: December 26, 2014
In Pari Delicto Doctrine Limited When Agent Defrauded its Principal
On December 17, 2014, the Second Department issued a decision in Schwartz v. Leaf, Salzman, Manganel… Read More
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Posted: December 25, 2014
Court Provides Detailed Reasoning Behind Refusal to Allow a Discount for Lack of Marketability
On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: December 24, 2014
Limits on Foreign Corporations' Ability to Create Jurisdiction by Consent in New York
On December 23, 2014, the First Department issued a decision in Techo-TM, LLC v. Fireaway, Inc., 201… Read More
