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Posted: October 6, 2014
When Summary Judgment Decision Provides for Right to Assert New Causes of Action, Res Judicata Does Not Bar Assertion of Those Claims
On September 18, 2014, Justice Scheinkman of the Westchester County Commercial Division issued a dec… Read More
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Posted: October 5, 2014
Court Orders Conditional Dismissal for Failure to Provide Discovery
On September 8, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: October 4, 2014
Justice Emily Pines Updates Part Rules
Justice Pines of the Suffolk County Commercial Division recently updated her Individual Practices. … Read More
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Posted: October 4, 2014
Law Office Failure Good Cause for Failure Timely to Answer
On September 23, 2014, the First Department issued a decision in Metropolitan Property & Casualt… Read More
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Posted: October 3, 2014
Class Certification Denied for Failure to Submit Evidence Showing Numerosity
On September 5, 2014, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: October 2, 2014
Unjust Enrichment Claim Survives When Defendants Allegedly Received Funds to Which Payor Had No Right
On September 11, 2014, Justice Bransten of the New York County Commercial Division issued a decision… Read More
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Posted: October 1, 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
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Posted: October 1, 2014
No Third-Party Claim Where Plaintiff Made no Claim Against Defendant for Which Third Party Defendant Could be Liable
On September 25, 2014, the First Department issued a decision in Fidelity National Title Insurance C… Read More
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Posted: September 30, 2014
Reinsurer Entitled to Discovery on Reasonableness of Insurer's Settlement and Allocation Decisions
On September 15, 2014, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: September 29, 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
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Posted: September 29, 2014
No Claim for Fraudulent Concealment Where no Duty to Disclose
On September 23, 2014, the First Department issued a decision in SSA Holdings LLC v. Kaplan, 2014 NY… Read More
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Posted: September 28, 2014
Post-Answer Motion to Dismiss Converted to Motion for Summary Judgment
On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
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Posted: September 28, 2014
Justice Jamieson Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Linda S. Jamieson of th… Read More
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Posted: September 27, 2014
Cell Phone Not Within Scope of Stored Communications Act
On September 10, 2014, Justice Oing of the New York County Commercial Division issued a decision in … Read More
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Posted: September 26, 2014
Justice Emily Pines Updates Part Rules
Justice Pines of the Suffolk County Commercial Division recently updated her Individual Practices. … Read More
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Posted: September 26, 2014
Justice Solomon Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Martin M. Solomon of th… Read More
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Posted: September 26, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 15, 2014, Now Available
On September 8, 2014, we noted two cases of interest from the oral arguments for the week of Septemb… Read More
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Posted: September 25, 2014
No Claim for Equitable Subrogation Where Payments Were Voluntary Settlements
On September 12, 2014, Justice Bransten of the New York County Commercial Division issued a decision… Read More
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Posted: September 24, 2014
New York does not Follow the "Fiduciary Shield" Doctrine, so Corporate Officers' Actions on Behalf of a Company can Form the Basis for Personal Jurisdiction over the Officer
On September 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
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Posted: September 23, 2014
Reverter Provision Unenforceable if not Recorded within 30 Years; Action for Injunctive Relief or Money Damages can Proceed Regardless
On August 21, 2014, Justice Grays of the Queens County Commercial Division issued a decision in The … Read More
