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Posted: May 3, 2014
No Fraud Without Justifiable Reliance on Alleged Misrepresentation
On May 1, 2014, the First Department issued a decision in Mosaic Caribe, Ltd. v. AllSettled Group, I… Read More
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Posted: May 2, 2014
Order is Not Appealable Merely Because it Contains Language or Reasoning that a Party Deems Adverse to its Interests
On April 30, 2014, the Second Department issued a decision in George Tsunis Real Estate, Inc. v. Ben… Read More
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Posted: May 1, 2014
Court of Appeals Arguments of Interest for the Week of May 5, 2014
Arguments the week of May 5, 2014, in the Court of Appeals that may be of interest to commercial li… Read More
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Posted: April 30, 2014
LLC Judicially Dissolved Because it Could Not Pursue its Stated Purpose
On April 18, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Mat… Read More
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Posted: April 28, 2014
Court of Appeals Arguments of Interest for the Week of April 28, 2014
An argument on April 29, 2014, in the Court of Appeals that may be of interest to Commercial Divisi… Read More
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Posted: April 28, 2014
Damages Limitations Clause Enforceable Even When it Leaves Plaintiff Without a Remedy
On April 14, 2014, Justice Pines of the Suffolk County Commercial Division issued a decision in J. P… Read More
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Posted: April 27, 2014
Contractual Jury Waiver Enforceable Even When Plaintiff Alleges Fraudulent Inducement
On April 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: April 26, 2014
Commissions Need Not be Paid Absent a Written Contract
On April 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: April 24, 2014
Filing Lawsuits and Owning an Interest in Property Not Doing Business in New York for LLC Law Section 808 Purposes
On April 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
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Posted: April 23, 2014
Justice Ritholtz Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Martin E. Ritholtz of t… Read More
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Posted: April 23, 2014
Acting as Sub-landlord Doing Business Within the Meaning of BCL Prohibition on Foreign Unregistered Business Lawsuits
On April 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in MKC… Read More
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Posted: April 22, 2014
Website, Without More, Insufficient to Create Personal Jurisdiction in New York
On April 7, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Stein… Read More
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Posted: April 21, 2014
Use of New York Bank To Facilitate Dollar Transfers In a Foreign Exchange Transaction Not Sufficient to Avoid Forum Non Conveniens Dismissal
On April 8, 2014, the Court of Appeals issued a decision in Mashreqbank PSC v. Ahmed Hamad A1 Gosa… Read More
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Posted: April 20, 2014
Malicious Prosecution and Abuse of Process Claims Dismissed for Failure to Meet Heavy Pleading Burden
On April 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: April 19, 2014
Statute of Limitations for Common Law Copyright Infringement Six Years
On April 14, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: April 18, 2014
Insured Not Entitled To Attorneys' Fee Incurred In Coverage Action
On April 8, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: April 17, 2014
Chinese Wall Does Not Prevent Law Firm From Being Disqualified
On April 4, 2014, Justice Friedman of the New York County Commercial Division issued a decision in M… Read More
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Posted: April 16, 2014
Insurance Broker Owes Non-Contractual Duty to Other Brokers
On April 8, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
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Posted: April 15, 2014
Court Will Not Examine Adequacy of Consideration Given for Guarantee Absent Fraud or Unconscionability
On April 8, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
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Posted: April 14, 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