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Posted: June 6, 2014
SECOND UPDATE: Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
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Posted: June 5, 2014
UPDATE Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
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Posted: June 4, 2014
Notwithstanding Internal Affairs Doctrine, Some Claims in Derivative Action Governed by New York Law
On June 3, 2014, the First Department issued a decision in Culligan Soft Water Co. v. Clayton Dubil… Read More
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Posted: June 3, 2014
Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
This guest post was written by Isaac B. Zaur of Clarick Gueron Reisbaum LLP. Last week saw rapid-… Read More
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Posted: June 2, 2014
Agreement Term Shortening Limitations Period Applies to Claims Arising From the Agreement
On May 27, 2014, the First Department issued a decision in Smile Train, Inc. v. Ferris Consulting Co… Read More
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Posted: June 1, 2014
Motion for Summary Judgment in Lieu of Complaint Denied Because Right to Payment Not Ascertainable from Document
On May 20, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Go… Read More
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Posted: May 31, 2014
Covenant of Good Faith and Fair Dealing Breached When Plaintiff's Rights Under an Agreement are Frustrated
On May 29, 2014, the First Department issued a decision in Pleiades Publishing, Inc. v. Springer Sci… Read More
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Posted: May 30, 2014
Lack of Personal Jurisdiction not a Defense to Domestication of a Foreign Judgment
On May 27, 2014, the First Department entered a decision in Abu Dhabi Commercial Bank PJSC v. Saad T… Read More
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Posted: May 29, 2014
Court of Appeals Arguments of Interest for the Week of June 2, 2014
Arguments the week of June 2, 2014, in the Court of Appeals that may be of interest to commercial l… Read More
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Posted: May 29, 2014
CLE Program: Commercial Litigation Academy 2014
On June 5, 2014, Schlam Stone & Dolan partner Jeffrey Eilender will co-chair a CLE program about… Read More
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Posted: May 29, 2014
Unit Owners’ Vote Insulates Condominium Board from Derivative Action
On May 16, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in D… Read More
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Posted: May 28, 2014
Unilateral Mistake Insufficient to Justifiy Reformation of Deed Without Clear and Convincing Evidence of Fraud
On May 22, 2014, the Third Department issued a decision in Timber Rattlesnake, LLC v. Devine, 2014 N… Read More
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Posted: May 27, 2014
Sale of Realty Company's Office Building Was Not in the Due Course Because it Was Not in Business of Selling Property
On May 22, 2014, the First Department issued a decision in Theatre District Realty Corp. v. Appleby,… Read More
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Posted: May 26, 2014
Merger Clause Prevents Fraud Claim Based on Alleged Pre-Contract Promises
On May 16, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in A… Read More
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Posted: May 25, 2014
Forum Selection Clause Enforceable Absent Fraud or Overreaching
On May 13, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in U.… Read More
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Posted: May 23, 2014
Organization State Law Determines Whether Derivative Action Plaintiff is Entitled to Discovery on Demand Refusal
On May 22, 2014, the First Department issued a decision in Lerner v. Prince, 2014 NY Slip Op. 03763,… Read More
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Posted: May 22, 2014
Broker Entitled to Commission When it has Direct and Proximate Link to the Transaction
On May 20, 2014, the First Department issued a decision in SPRE Realty, Ltd. v. Dienst, 2014 NY Sli… Read More
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Posted: May 21, 2014
Insurance Policy's Criminal Acts Exclusion Applies To Claims Arising From Criminal Acts of Employee Of Which The Company Is Unaware
On May 8, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Aptuit… Read More
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Posted: May 20, 2014
Fraudulent Inducement Claim Not Duplicative When Based on Misrepresentations of Present Facts Collateral to Contract
On May 13, 2014, the First Department issued a decision in Shugrue v. Stahl, 2014 NY Slip Op. 03460,… Read More
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Posted: May 19, 2014
Best Efforts Clause Enforceable if Criteria Can be Inferred From Circumstances
On May 13, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Board… Read More
