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Posted: September 2, 2014
Second Department Affirms Trial Court Decision Modifying Settlement Agreement
On August 27, 2014, the Second Department issued a decision in Mochkin v. Mochkin, 2014 NY Slip Op.… Read More
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Posted: September 1, 2014
Court Cites Champerty Law in Denying Motion to Substitute Parties
On August 19, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: August 31, 2014
Contract That Has Consideration When Entered Into Does Not Fail for Lack of Consideration if Circumstances Change
On August 20, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Tr… Read More
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Posted: August 30, 2014
Sophisticated Party Cannot Use Lack of Time as Excuse for Failure to Exercise Due Diligence
On August 6, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: August 29, 2014
Defamation Claim Dismissed Where Statements Were Protected By "Fair Reporting" Privilege
On August 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: August 28, 2014
Acquirer Not Liable for Tortious Interference With Contract of Company it Acquired
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: August 27, 2014
Defendant Can Be Held Liable Statements in Preliminary Offering Materials it Later Disclaimed
On August 5, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: August 26, 2014
Court Grants Summary Judgment Even Though Defendants Sought More Discovery
On August 15, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Fl… Read More
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Posted: August 25, 2014
New York Choice of Law Clause Not Sufficient To Invoke New York Rule Against Punitive Damages Awards In Arbitration
On August 14, 2014, the First Department issued a decision in In re Flintlock Construction Services,… Read More
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Posted: August 24, 2014
Court Refuses to Vacate Default Judgment Where Defendant Provides no Reasonable Excuse for his Failure to Answer
On August 5, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Wel… Read More
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Posted: August 23, 2014
Statute of Limitations Applicable to Fraud and Breach of Fiduciary Duty Claims Can Vary Based on Nature of Claim and Relief Sought
On August 4, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: August 22, 2014
Exchange of E-mails Did Not Create Binding Settlement Agreement
On August 6, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Rubi… Read More
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Posted: August 21, 2014
Statute of Frauds Applies to All Aspects of Agreement Regarding Negotiating Business Opportunity
On July 30, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: August 20, 2014
JHO Vacates Own Report For Exceeding Her Mandate
On August 13, 2014, the Second Department issued a decision in GMS Batching, Inc. v. TADCO Construc… Read More
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Posted: August 19, 2014
Judgment Creditor’s Attempt to Compel Turnover of Israeli Bank Account Denied due to Lack of Jurisdiction, 'Separate Entity' Rule
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: August 18, 2014
Second Department Analyzes Rules Applying to the Admissibility of Out-of-State Affidavits
On August 13, 2014, the Second Department issued a decision in Midfirst Bank v. Agho, 2014 NY Slip … Read More
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Posted: August 17, 2014
No Need for a Corporate Officer to Make Demand on Board Before Bringing BCL 706, 716 or 720 Actions
On August 6, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Kot… Read More
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Posted: August 16, 2014
Lack of Due Diligence no Bar to Fraud Claim When no Amount of Diligence Would have Uncovered Fraud
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: August 15, 2014
Commercial Division Rules Amended to Add Rule Regarding Discovery of Non-Party ESI
The Chief Administrative Judge has signed an order adding a new rule regarding the discovery of elec… Read More
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Posted: August 14, 2014
Plaintiff States Contract Claim Based on Two Separate, Contemporaneous Documents
On August 7, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in 833… Read More
