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Posted: September 22, 2014
Federal Arbitration Act Does Not Apply to California Insurance Law Requiring Arbitration Agreements to be Filed With State
On September 11, 2014, the First Department issued a decision in Matter of Monarch Consulting, Inc. … Read More
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Posted: September 21, 2014
Assignee of Notes for Purposes of Collection Only Lacks Standing
On September 16, 2014, Justice Friedman of the New York County Commercial Division issued a decision… Read More
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Posted: September 20, 2014
First Department Reverses Trial Court Discovery Order
On September 18, 2014, the First Department issued a decision in MSCI Inc. v. Jacob, 2014 NY Slip Op… Read More
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Posted: September 19, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 8, 2014, Now Available
On September 8, 2014, we noted a case of interest from the oral arguments for the week of September … Read More
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Posted: September 18, 2014
Enforcement of Judgment Not Stayed Pending Appeal When Undertaking Not Filed With County Clerk
On September 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
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Posted: September 17, 2014
Appeal Dismissed Due to Deficiencies in Record
On September 17, 2014, the Second Department entered a decision in Green Tree Credit, LLC v. Jelks, … Read More
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Posted: September 16, 2014
Customer Lists Readily Ascertainable from Sources Outside Employer's Business not Trade Secrets
On August 21, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Ch… Read More
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Posted: September 15, 2014
Plaintiff's Concealment of Fact that Money Owed under a Note had been Repaid by a Third Party Justified Striking the Complaint as a Discovery Sanction
On September 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a Decisio… Read More
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Posted: September 14, 2014
Shareholders' Right To Inspect Corporate Books And Records Properly Invoked To Aid Investigation of Misconduct By Management And To Obtain Information In Aid of Litigation
On September 11, 2014, the First Department issued a decision in Retirement Plan for General Employe… Read More
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Posted: September 13, 2014
Claim Involving Mandatory Statutory Penalties Cannnot be Brought as a Class Action
On September 10, 2014, the Second Department issued a decision in County of Nassau v. Expedia, Inc.,… Read More
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Posted: September 12, 2014
CLE Program: Practicing in NYS Supreme Court
On October 9, 2014, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the … Read More
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Posted: September 11, 2014
Air Rights Real Property That Cannot be Converted
On September 3, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: September 10, 2014
Fraud Claim Dismissed As Duplicative of Breach of Contract Claim
On September 4, 2014, the First Department issued a decision in Beta Holdings, Inc. v. Goldsmith, 20… Read More
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Posted: September 9, 2014
Claim for Breach of Covenant of Good Faith and Fair Dealing Duplicative When it Arises from Same Operative Facts as Contract Claim
On September 4, 2014, the First Department issued a decision in Mill Financial, LLC v. Gillett, 2014… Read More
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Posted: September 8, 2014
Court of Appeals Arguments of Interest for the Weeks of September 8, 2014 and September 15, 2014
Arguments the weeks of September 8, 2014 and September 15, 2014, in the Court of Appeals that may b… Read More
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Posted: September 7, 2014
Defendant Not Allowed to Subpoena Plaintiffs' Employees Directly
On August 28, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: September 6, 2014
Insured Must Act Promptly to get Advancement of Defense Costs; Past Defense Costs Need not be Paid until any Coverage Litigation is Resolved
On August 27, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: September 5, 2014
Attorney Affidavit Admitted in Support of Motion for Summary Judgment
On August 27, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: September 4, 2014
Court of Appeals Accepts Certified Questions Regarding Interpretation of Oil and Gas Leases
On August 28, 2014, the Court of Appeals accepted two certified questions from the Second Circuit in… Read More
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Posted: September 3, 2014
First Department Decisions Address Use of Emails As "Documentary Evidence" For Motion to Dismiss
On August 28, 2014, the First Department issued decisions in Amsterdam Hospitality Group, LLC v. Mar… Read More
