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Posted: August 13, 2014
Supreme Court Decides Special Proceeding to Enjoin Trademark Violation Despite Co-Pending Federal Trademark Action
On August 4, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Mat… Read More
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Posted: August 12, 2014
First Department Addresses Scope of Federal Arbitration Act
On August 7, 2014, the First Department issued a decision in Cusimano v. Schnurr, 2014 NY Slip Op. 0… Read More
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Posted: August 11, 2014
Court Reminds Counsel of Procedure for Citing to Electronically-Filed Documents
On July 31, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: August 10, 2014
Company Bound by Apparent Authority it Created in Former Officer
On August 8, 2014, the Fourth Department issued a decision in Pasquarella v. 1525 William St., LLC, … Read More
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Posted: August 9, 2014
CPLR 205 Tolls Statute of Limitations for Special Proceeding Improperly Brought as a Plenary Action
On July 30, 2014, Justice Friedman of the New York County Commercial Division issued a decision in W… Read More
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Posted: August 8, 2014
Prior Representation Not Grounds For Disqualification of Attorney Where Former Client Waived Conflict In Engagement Letter
On August 6, 2014, the Second Department issued a decision in Grovick Properties, LLC v. 83-10 Astor… Read More
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Posted: August 7, 2014
Trial Court Decision Denying Motion for Failure to Follow Part Rules Reversed
On August 6, 2014, the Second Department issued a decision in Middleton v. Russell, 2014 NY Slip Op.… Read More
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Posted: August 6, 2014
Fraud Claim Dismissed for Failure to Exercise Due Diligence
On July 25, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 5, 2014
Corporate Officer Awarded Advancement of Fees
On July 24, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Gene… Read More
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Posted: August 4, 2014
Insured Demanding Reinstatement Must Pay Premiums on Improperly Terminated Life Insurance Policy
On July 25, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Ruben… Read More
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Posted: August 3, 2014
Petition to Stay Mandatory Mediation Dismissed
On July 25, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Matte… Read More
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Posted: August 2, 2014
No Personal Jurisdiction Based on Solicitation of Business in State Without More
On July 30, 2014, the Second Department issued a decision in Mejia-Haffner v. Killington, Ltd., 201… Read More
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Posted: August 1, 2014
Legal Argument to be in Memorandum of Law, Not Attorney Affirmation
On July 17, 2014, Justice Bransten of the New York County Commercial division issued a decision in R… Read More
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Posted: July 31, 2014
Motion for Stay in Favor of Arbitration Denied When Complete Identity of Parties Lacking
On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: July 30, 2014
When no Present Claim and a Subsequent Dispute Would be New and Distinct, Party not Necessary Under CPLR 1001
On July 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: July 29, 2014
Analyses Performed by Litigation Counsel Not Work Product When Done to Meet Contractual Obligation
On July 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: July 28, 2014
Court Refuses to Order Production of ESI, Finding Previous Productions Sufficient
On July 17, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: July 27, 2014
Class Not Certified When Plaintiff's Evidence of Class Size is Insufficient
On June 24, 2014, Justice Platkin of the Albany County Commercial Division issued an opinion in Pica… Read More
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Posted: July 26, 2014
Commercial Division Rules Amended to Increase Monetary Thresholds and Encourage Early Exchange of Documents Facilitating Settlement
The Chief Administrative Judge has signed orders (1) raising most of the monetary thresholds for ass… Read More
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Posted: July 25, 2014
Even Where CPLR 3211(a)(4) Does Not Require Dismissal, Cases Can be Consolidated
On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
