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Posted: October 25, 2014
Court Finds No Oral Modification of Written Contract
On September 25, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in… Read More
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Posted: October 24, 2014
Breach of a Contractual Representation or Warranty Occurs at the Time of Signing, Not the Effective Date of the Agreement
On October 21, 2014, the First Department issued a decision in U.S. Bank N.A. v DLJ Mortgage Capital… Read More
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Posted: October 23, 2014
Implied Covenant of Good Faith and Fair Dealing Requires Landlord to Consent to Renewal of Sidewalk Cafe Permit
On October 21, 2014, the First Department issued a decision in DMF Gramercy Enterprises, Inc. v. Lil… Read More
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Posted: October 21, 2014
Standard of "Ordinary and Reasonable Skill and Knowledge" In Legal Malpractice Action Measured As Of the Time of the Representation
On September 18, 2014, the First Department issued a decision in Lichtenstein v. Willkie Farr & … Read More
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Posted: October 20, 2014
Court of Appeals Arguments of Interest for the Week of October 20, 2014
Arguments the week of October 20, 2014, in the Court of Appeals that may be of interest to commerci… Read More
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Posted: October 19, 2014
A Cautionary Tale Regarding Procedural Pitfalls: Part 2
In yesterday's post on the October 1, 2014, decisions by Justice Oing of the New York County Commer… Read More
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Posted: October 18, 2014
A Cautionary Tale Regarding Procedural Pitfalls: Part 1
On October 1, 2014, Justice Oing of the New York County Commercial Division issued two decisions in … Read More
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Posted: October 17, 2014
Claim by Nonresident Dismissed Based on Statute of Limitations of State Where Claim Accrued
On October 9, 2014, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
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Posted: October 16, 2014
Second Department Affirms Decision Finding Fee Splitting Agreements Unlawful
On October 15, 2014, the Second Department issued a decision in South Shore Neurologic Associates, P… Read More
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Posted: October 15, 2014
Action for Corporate Waste Cannot be Brought Against the Former Sole Owner of a Company
On October 14, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in K… Read More
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Posted: October 15, 2014
Economic Loss Rule Precludes Tort Claims For Purely Economic Losses Arising From Defective Product
On October 1, 2014, the Second Department issued a decision in 126 Newton St., LLC v. Allbrand Comme… Read More
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Posted: October 14, 2014
Non-Signatory May Be Bound by a Contract's Forum Selection Clause
On October 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: October 13, 2014
Commercial Non-Compete Agreement Enforced as Written, Including the Injunctive Relief and No-Bond Provisions
On October 2, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in Er… Read More
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Posted: October 12, 2014
Claim for Conspiracy to Commit Fraud Allowed as Claim for Liability for Fraud on Part of Conspirators
On September 23, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in … Read More
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Posted: October 11, 2014
Assessment of Damages Against Financial Advisor for Aiding and Abetting Breaches of Fiduciary Duty
Interesting reading: a post by Richards, Layton & Finger, P.A. on the assessment of damages for … Read More
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Posted: October 11, 2014
First Department Discusses Differences Between Direct and Derivative Claims
On September 30, 2014, the First Department issued a decision in Serino v. Lipper, 2014 NY Slip Op. … Read More
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Posted: October 10, 2014
Defendants Sued in Their Individual Capacities Cannot Bring Counterclaims as Trustees or Agents for Non-Parties, Nor Bring Counterclaims Against Non-Parties who Allegedly Control a Party
On September 23, 2014, Justice Friedman of the New York County Commercial Division issued a decision… Read More
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Posted: October 9, 2014
When Valuing a Minority Interest, Discount for Lack of Marketability Need not be Applied if no Real Likelihood the Company will be Sold in the Future
On October 6, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: October 7, 2014
Fraud Claim Reinstated When Inaction Based on Fraudulent Statements Could be Presumed
On October 2, 2014, the First Department issued a decision in Fidelity National Title Insurance Co. … Read More
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Posted: October 6, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
