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Posted: December 23, 2014
Intra-Law Firm Emails Relevant To Conflict Of Interest Not Protected From Disclosure In Malpractice Action
On December 5, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: December 22, 2014
No Fault Insurance Arbitration Award Vacated As Arbitrary and Capricious
On December 4, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: December 21, 2014
Plaintiff Cannot Bring Veil Piercing Claim Without Claim Against Entity Whose Veil is Being Pierced
On December 4, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in I… Read More
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Posted: December 20, 2014
Complaint Struck for Failure to Comply With Discovery Obligations
On December 11, 2014, the Third Department issued a decision in BDS Copy Inks, Inc. v. International… Read More
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Posted: December 19, 2014
Lease Acceleration Clause Not Per Se Unenforceable as Penalty
On December 18, 2014, the Court of Appeals issued a decision in 172 Van Duzer Realty Corp. v. Globe … Read More
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Posted: December 18, 2014
Court May not Review Arbitrator's Interim Discovery Orders
On December 11, 2014, the First Department issued a decision in Kramer v. Geldwert, 2014 NY Slip Op.… Read More
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Posted: December 17, 2014
Court of Appeals Grants Leave To Appeal In Case Involving Guarantor’s Liability When Amount Due Under a Note Is Modified By Agreement
On December 16, 2014, the Court of Appeals granted leave to appeal in PAF-PAR LLC v. Silberberg, 201… Read More
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Posted: December 16, 2014
Notice of Claim Sent To Insured's Broker Does Not Constitute Notice To Insurance Carrier
On November 24, 2014, the Court of Appeals issued a decision in Strauss Painting, Inc. v. Mt. Hawley… Read More
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Posted: December 15, 2014
Party Sanctioned for Harassing Opponent
On December 8, 2014, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
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Posted: December 14, 2014
Where Contract Calls for Continuing Performance, Breach of Contract Claim Accrues Continuously With Each Failure to Perform
On December 5, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in N… Read More
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Posted: December 13, 2014
First Department Rules that GBL 239-c, Relating to Appraisals, Must be Narrowly Construed
On December 9, 2014, the First Department issued a decision in TOV Manufacturing, Inc. v. Jaco Impor… Read More
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Posted: December 12, 2014
Foreign Communications Subject to New York Privilege Rules When Discovery Order Provides that Discovery Will be Conducted Under the CPLR
On December 4, 2014, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche … Read More
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Posted: December 11, 2014
Sophisticated Party Fails to State Fraud Claim When it Cannot Show Due Diligence
On December 4, 2014, the First Department issued a decision in MAFG Art Fund, LLC v. Gagosian, 2014 … Read More
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Posted: December 10, 2014
Subsequent Communications Do Not Create New Contract in Face of Merger Clause
On December 4, 2014, the First Department issued a decision in Global Events LLC v. Manhattan Center… Read More
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Posted: December 9, 2014
Joint Defense Privilege Can Exist in Absence of Threatened or Pending Litigation
On December 4, 2014, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide … Read More
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Posted: December 8, 2014
Conclusory Allegations of Law Office Failure Insufficient to Justify Vacating Default Judgment
On December 3, 2014, the Second Department issued a decision in Neilson v. 6D Farm Corp., 2014 NY Sl… Read More
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Posted: December 7, 2014
Plaintiff Likely to Succeed on Common Law Claim for Unfair Competition
On November 20, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: December 6, 2014
Lack of Standing Curable by Amendment
On November 20, 2014, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: December 5, 2014
Insurance Company Did Not Satisfy Obligation To Give "Written Notice to the Insured" of Disclaimer of Liability By Sending Notice to Another Carrier for The Insured
On November 24, 2014, the Court of Appeals issued a decision in Sierra v. 4401 Sunset Park, LLC, 201… Read More
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Posted: December 4, 2014
Court Refuses to Quash Subpoena Under Common Law Doctrine of Legal Immunity from Service
On November 21, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More