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Posted: November 13, 2014
Breach of Contract, Without More, Insufficient to Justify Rescission
On September 26, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in… Read More
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Posted: November 12, 2014
Class Settlement Providing for a Fee Award to Plaintiff’s Counsel Approved Despite Lack of a Monetary Recovery or any Change in the Terms of the Deal
On October 22, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: November 11, 2014
LLC Law § 407(a) Permits Freeze-Out Mergers to be Approved on Written Consent
On October 30, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: November 10, 2014
Defendants' Indirect Connections to New York Insufficient to Establish Personal Jurisdiction
On November 6, 2014, the First Department issued a decision in Bluewaters Communications Holdings, L… Read More
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Posted: November 9, 2014
Separate Entity Rule Prevents Garnishment of Assets in Foreign Bank Through its New York Branch
On October 23, 2014, the Court of Appeals issued a decision in Motorola Credit Corp. v. Standard Cha… Read More
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Posted: November 8, 2014
Client’s Failure To Appeal Adverse Decision Bars Legal Malpractice Claim Only Where The Client Was Likely To Have Succeeded On Appeal
On October 21, 2014, the Court of Appeals issued a decision in Grace v. Law, holding that a client's… Read More
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Posted: November 7, 2014
Court Applies Rules of Common Law Dissolution to Shareholder Dispute
On October 28, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in C… Read More
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Posted: November 6, 2014
Forum Selection Clause Not Enforced When Neither Parties Nor Agreement Connected to Chosen Forum
On November 5, 2014, the Second Department issued a decision in U.S. Merchandise, Inc. v L&R Dis… Read More
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Posted: November 5, 2014
Justices Oing and Schweitzer Update Part Rules
Justices Jeffrey K. Oing and Melvin L. Schweitzer of the New York County Commercial Division recentl… Read More
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Posted: November 5, 2014
CLE Program: Commercial Division Practice: What You Need to Know
On December 5, 2014, Schlam Stone & Dolan partners Jeffrey Eilender and John Lundin will co-chai… Read More
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Posted: November 4, 2014
Second Circuit Asks Court of Appeals to Clarify Power of New York City to Regulate Law Firms Engaged in Debt Collection
On October 29, 2014, in Eric M. Berman, P.C. v. City of New York, 13-CV‐598, the Second Circuit ce… Read More
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Posted: November 3, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Week of October 20, 2014, Now Available
On October 20, 2014, we noted three cases of interest from the oral arguments for the week of Octobe… Read More
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Posted: November 2, 2014
Court Denies Motion to Dismiss Based on Champerty
On October 28, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: November 1, 2014
Litigation Counsel Disqualified Under Attorney-Witness Rule
On October 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: October 31, 2014
Court of Appeals Holds That, Absent Express Language, "Affiliate" only Includes Existing Affiliates
On October 23, 2014, the Court of Appeals issued a decision in Ellington v. EMI Music, Inc., 2014 NY… Read More
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Posted: October 30, 2014
Court Applies Pro Rata "Time on the Risk" Method to Allocate Loss From Environmental Damage Among Liability Insurance Policies
On October 14, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: October 29, 2014
Appellant's Arguments Rejected Based on Judicial Estoppel
On October 21, 2014, the First Department issued a decision in Bank Hapoalim B.M. v. Westlb AG, 2014… Read More
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Posted: October 28, 2014
No Claim for Breach of Covenant of Good Faith and Fair Dealing When Claim Has Same Basis as Breach of Contract Claim
On October 21, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in J… Read More
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Posted: October 27, 2014
Account Stated Claim Survives Notwithstanding Plaintiff's Inability Fully to Document All Charges
On October 23, 2014, the First Department issued a decision in Robson & Miller, LLP v. Sakow, 20… Read More
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Posted: October 26, 2014
Court Uses Doctrine of Falsus in Uno, Falsus in Omnibus to Find Whole of Witness's Testimony Not Credible
On October 2, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
