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Posted: May 18, 2014
Reports Can Be Basis for Fraud Claim Despite Disclaimers When Facts Peculiarly within Defendant's Knowledge
On May 13, 2014, the First Department issued a decision in Forty Central Park South, Inc. v. Anza, 2… Read More
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Posted: May 17, 2014
Prevailing Plaintiff in Derivative Action Entitled to Fees, But From Corporation, Not Defendant
On April 2, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in Mot… Read More
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Posted: May 16, 2014
Derivative Plaintiff Entitled to Advancement of Attorneys’ Fees to Defend Counterclaims Brought by Corporation
On May 14, 2014, Justice DeStefano of the Nassau County Commercial Division issued a decision in Sch… Read More
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Posted: May 16, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Week of May 5, 2014, Now Available
On May 1, 2014, we noted four cases of interest from the oral arguments for the week of May 5, 2014:… Read More
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Posted: May 15, 2014
Justice O. Peter Sherwood Updates Part Rules
Justice Sherwood of the New York County Commercial Division recently updated his Individual Practice… Read More
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Posted: May 14, 2014
Airbnb Subpoena Quashed as Overbroad
On May 13, 2014, Justice Connolly of the Albany County Supreme Court issued a decision in Airbnb, In… Read More
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Posted: May 13, 2014
Parties Can Modify UCC-Mandated Time for Customer to Notify Bank of Improperly Paid Item if the Modification is Not Manifestly Unreasonable
On May 8, 2014, the Court of Appeals issued a decision in Clemente Brothers Contracting Corp. v. Haf… Read More
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Posted: May 12, 2014
Court Recognizes Claim for Negligence/Insurer's Errors and Omissions
On May 1, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in N… Read More
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Posted: May 11, 2014
Contractually-Provided Damages Not Enforceable if They are Mere Penalties
On April 11, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: May 10, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Week of April 28, 2014, Now Available
Transcripts and audio/video recordings of arguments in the Court of Appeals for the week of April 28… Read More
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Posted: May 10, 2014
Former Counsel for Business Associates Disqualified from Representing One Former Client Against Another
On May 7, 2014, the Second Department issued a decision in Gordon v. Ifeanyichukwu Chuba Orakwue … Read More
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Posted: May 9, 2014
Commercial Division Rules Amended to Add Rules for Accelerated Adjudication
The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by … Read More
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Posted: May 9, 2014
Failure Timely to File for Class Certification Mandates Denial of Certification
On April 30, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
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Posted: May 9, 2014
Fraud on the Court Must be Proved by Clear and Convincing Evidence
On May 8, 2014, the Court of Appeals issued a decision in CDR Creances S.A.S. v. Cohen, 2014 NY Slip… Read More
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Posted: May 8, 2014
Minor Amendment to a Complaint Proves Fatal to Plaintiff's Case
On May 6, 2014, the First Department issued a decision in Healthcare I.Q., LLC v. Tsai Chung Chao, 2… Read More
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Posted: May 7, 2014
Bank Must Honor Cashier's Check Absent Fraud or Check Being Lost, Stolen, or Destroyed
On May 6, 2014, the Court of Appeals issued a decision in Golden v. Citibank, N.A., 2014 NY Slip Op.… Read More
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Posted: May 6, 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: May 6, 2014
Defamation Claim Dismissed Because Not Pled With Particularity
On April 23, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: May 5, 2014
Evidence Inadmissible Under Dead Man's Statute Admissible In Opposition to Summary Judgment
On March 31, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Peck… Read More
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Posted: May 4, 2014
Action Transferred to Civil Court After Summary Judgment Limits Damages
On April 23, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
