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Posted: June 22, 2014
Class Counsel Awarded Reduced Fees
On June 13, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Schu… Read More
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Posted: June 21, 2014
Investment Bank Not Entitled To Transaction Fee For Acquisition Where Engagement Letter Applied To "Sale, Transfer or other Disposition" of the Company's Assets
On June 17, 2014, the First Department issued a decision in Miller Tabak + Co., LLC v. Senetek PLC,… Read More
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Posted: June 20, 2014
Decision Illustrates Limits to the Scope of General Business Law Section 349
On June 12, 2014, the First Department issued a decision in Seller v. Citimortgage, Inc., 2014 NY Sl… Read More
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Posted: June 19, 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 19, 2014
Action Against Referral Service Fails
On June 9, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Vi… Read More
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Posted: June 18, 2014
Fraud Claim Dismissed for Lack of Reasonable Reliance Where Sophisticated Plaintiff Failed to Conduct Due Diligence
On June 13, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Phoe… Read More
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Posted: June 17, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Week of June 2, 2014, Now Available
On May 29, 2014, we noted two cases of interest from the oral arguments for the week of June 2, 2014… Read More
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Posted: June 16, 2014
No-Action Clause Must Be Strictly Construed
On June 10, 2014, the Court of Appeals issued a decision in Quadrant Structured Products Co., Ltd. v… Read More
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Posted: June 16, 2014
First Department Addresses Disclosure of Documents That Are Privileged as to Only Some Parties
On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY… Read More
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Posted: June 15, 2014
Court Refuses to Enforce Alleged Parol Forum Selection Clause
On June 12, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Zuck… Read More
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Posted: June 14, 2014
Personal Guaranty Unenforceable Because Loan was Usurious
On June 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sasid… Read More
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Posted: June 13, 2014
Liability Insurer did not Waive Defense of Late Notice by Failing to Disclaim Coverage on this Ground "As Soon as Reasonably Possible"
On June 10, 2014, the Court of Appeals issued a decision in KeySpan Gas Electric Corp. v. Munich Rei… Read More
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Posted: June 12, 2014
Claim Dismissed Based on In Pari Delicto Doctrine
On June 4, 2014, the Second Department issued a decision in Burgers Bar Five Towns, LLC v. Burger Ho… Read More
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Posted: June 11, 2014
Brokerage Agreement Held to Create an Exclusive Agency, not an Exclusive Right to Sell
On June 10, 2014, the Court of Appeals issued a decision in Morpheus Capital Advisors LLC v UBS AG, … Read More
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Posted: June 10, 2014
Boilerplate Affirmative Defenses are Subject to Dismissal
On June 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Amazo… Read More
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Posted: June 9, 2014
Court of Appeals Grants Leave To Appeal In Case of First Impression Regarding Interpretation of Computer System Fraud Insurance Policy
On June 5, 2014, the New York Court of Appeals granted the plaintiff’s motion for leave to appeal … Read More
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Posted: June 8, 2014
Guarantor Not Liable When Note is Paid, Even if Amount Paid is Less Than Amount Guaranteed
On June 5, 2014, the First Department issued a decision in PAF-PAR LLC v. Silberberg, 2014 NY Slip O… Read More
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Posted: June 7, 2014
Attorney has no Liability to Third Parties for Negligence in Performing Legal Services for Client
On May 20, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Go… Read More
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Posted: June 6, 2014
Failure to Issue Litigation Hold Not Per Se Gross Negligence
On June 5, 2014, a divided panel of the First Department issued a decision in Pegasus Aviation I, In… Read More
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Posted: June 6, 2014
Parties Who Agree to Negotiate are not Bound to Negotiate Indefinitely
On June 5, 2014, the Court of Appeals issued a decision in IDT Corp. v. Tyco Group, S.A.R.L., 2014 N… Read More
