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Posted: July 24, 2014
BCL § 1112 is Controlling for Determining Venue In an Action Seeking Judicial Dissolution
On July 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sici… Read More
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Posted: July 23, 2014
Commercial Division Applies Delaware Demand Futility Pleading Rules
On July 3, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
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Posted: July 22, 2014
Policy Exclusions Bar Coverage For Banks Sued By Investors Who Lost Funds In Madoff Ponzi Scheme
On June 24, 2014, the First Department issued a decision in Associated Community Bancorp, Inc. v. St… Read More
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Posted: July 21, 2014
Court Examines Scope of Claim for Fraudulent Conveyance
On July 7, 2014, Justice Ramos of the New York County Commercial Division issued a decision in 135 E… Read More
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Posted: July 20, 2014
Double Derivative Claim Dismissed For Failure to Show Control of Subsidiary
On July 9, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
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Posted: July 19, 2014
Agreement Lacking Formula for Computing Compensation not Void for Indefiniteness
On July 9, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in B… Read More
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Posted: July 18, 2014
Absent Precise Language To the Contrary, Limitations Period In Insurance Policy Runs From Date Coverage Was Denied, Not Date of Underlying Loss
On June 30, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: July 17, 2014
Court Examines Elements of Claim for Misappropriation of Skills and Expenditures in Pinterest Lawsuit
On July 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
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Posted: July 16, 2014
Court Lacks Power to Remove LLC Member
On July 9, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
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Posted: July 15, 2014
Opportunity to Comment on Proposed New Uniform Civil Rules for Supreme Court and County Court
The Office of Court Administration has asked for public comment on a proposed new rule on the recog… Read More
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Posted: July 15, 2014
Consequential Damages Not Available When Not Contemplated at the Time of Contracting
On July 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in … Read More
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Posted: July 14, 2014
Insurer Could Not Use Tort Theory to Transfer Back to Insured Risks the Insurer Had Assumed
On July 3, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in A… Read More
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Posted: July 13, 2014
Small Claims Decision Has Res Judicata Effect in Supreme Court
On July 10, 2014, the Third Department issued a decision in Tovar v. Tesoros Property Management, L… Read More
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Posted: July 12, 2014
Claims Dismissed for Failure to Present Evidence of Proximate Causation
On June 30, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in M… Read More
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Posted: July 11, 2014
Commercial Division Rules Amended to Add Rules Regarding Case Assignment and Privilege Logs
The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of… Read More
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Posted: July 11, 2014
Trade Secrets Discoverable From Non-Party Only When Relevant, Indispensable and Not Otherwise Acquirable
On July 9, 2014, the Second Department issued a decision in Ferolito v. Arizona Beverages USA, LLC, … Read More
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Posted: July 10, 2014
Opportunity to Comment on Proposed Change to Joint Rules of the Appellate Division
The Office of Court Administration has asked for public comment on a proposed change to the Joint Ru… Read More
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Posted: July 9, 2014
Nominations for the 2014 ABA Journal Blawg 100
To our readers: The ABA Journal is now accepting nominations for the 2014 ABA Journal Blawg 100. I… Read More
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Posted: July 9, 2014
Notarization by Consular Official Meets CPLR 2309 Authentication Requirement
On July 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sokol… Read More
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Posted: July 7, 2014
Condominium Board Lacked Capacity to Bring Lawsuit Because Suit was not Formally Approved by Board
On July 2, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Board… Read More
