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Posted: July 6, 2014
Commissions for Out-of-State Discovery Not Issued When No Showing that Proposed Deponent Would Not Give Discovery Voluntarily
On June 30, 2014, Justice Destefano of the Nassau County Commercial Division issued a decision in Va… Read More
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Posted: July 5, 2014
Specific Indemnification Provision Trumps General One
On June 24, 2014, the First Department issued a decision in Plymouth Financial Co., Inc. v. Plymouth… Read More
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Posted: July 3, 2014
Summary Judgment In Lieu of Complaint Available Even When There Are Conditions Beyond Failure to Pay
On June 19, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 2, 2014
Parties not Limited to Formal Discovery Process
On June 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision in A… Read More
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Posted: July 1, 2014
Pending Hourly Fee Matters are Not Partnership Property
On July 1, 2014, the Court of Appeals issued a decision in In re: Thelen LLP and In re: Coudert Brot… Read More
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Posted: July 1, 2014
Contract and Quasi-Contract Claims Based On Oral Modification to Contract Survive Despite "No Oral Modification" Clause
On June 25, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Laqu… Read More
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Posted: June 30, 2014
New York County Commercial Division Updates Rules, Includes Pilot Mandatory Mediation Program
The New York County Commercial Division has updated the Rules and Procedures of the Alternative Disp… Read More
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Posted: June 30, 2014
Insurance Policy Flood Damage Cap Applies to All Flood Damage, Even Categories of Damage With a Separate, Higher Cap
On June 27, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: June 30, 2014
Plaintiff may Waive Statutory Damages and Bring a Class Action Despite CPLR § 901(b)
On June 30, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: June 30, 2014
Litigation Trustee Denied Intervention in Lawsuit Between Insureds and Insurers
On June 18, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: June 29, 2014
Breach of Contract Claim Survives Because Nominal Damages Satisfy Damages Element of Claim
On June 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: June 28, 2014
Court Should Have Decided Motion for Summary Judgment Even Though Filed More Than 120 days After the Note of Issue
On June 25, 2014, the Second Department issued a decision in Shao v. Cao, 2014 NY Slip Op. 04733, r… Read More
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Posted: June 27, 2014
Justice Jeffrey K. Oing Updates Part Rules
Justice Oing of the New York County Commercial Division recently updated his Individual Practices. … Read More
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Posted: June 27, 2014
Foreign Statute of Limitations Does Not Apply in Actions Brought Under CPLR § 205(a)
On June 26, 2014, the Court of Appeals issued a decision in Norex Petroleum Ltd. v. Blavatnik, 2014 … Read More
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Posted: June 26, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
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Posted: June 26, 2014
Breach of Contract Claim Dismissed as Duplicative of Malpractice Claim
On June 17, 2014, Justice Walker of the 8th Judicial District Commercial Division issued a decision … Read More
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Posted: June 25, 2014
Available Damages Against Sponsor of Mortgage-Backed Securities Trust Limited By "Sole Remedies" Provision in Governing Documents
On May 29, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
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Posted: June 24, 2014
Summary Judgment Granted Despite Request for More Discovery
On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmste… Read More
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Posted: June 23, 2014
Commercial Division Rules Amended to Add Rules Regarding Interrogatories
The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by… Read More
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Posted: June 23, 2014
Theories of Damages in the Macy’s v. J.C. Penney Litigation
On June 16, 2014, Justice Oing of the New York County Commercial Division issued a decision in Macy'… Read More
