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Posted: March 15, 2014
Lack of Sophistication No Excuse for Not Bringing Action Before Statute of Limitations Runs
On March 11, 2014, the First Department issued a decision in Apt v. Morgan Stanley DW, Inc., 2014 NY… Read More
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Posted: March 14, 2014
For Insurance Purposes, Cash is "In Transit" Even While it is Being Held in the Carrier's Vault
On March 11, 2014, the First Department issued a decision in CashZone Check Cashing Corp. v. Vigilan… Read More
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Posted: March 13, 2014
No Separate Cause of Action For Insurance Carrier's Bad Faith Claims Handling
On February 26, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
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Posted: March 12, 2014
Person Who Signs Contract on Behalf of Non-Existent Entity Personally Liable
On March 11, 2014, the First Department entered a decision in Sunquest Enterprises, Inc. v. Zar, 20… Read More
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Posted: March 11, 2014
Lawyer's "Stalking" of Jurors Leads to Mistrial
On March 5, 2014, Justice Karalunas of the Onondaga County Commercial Division issued a decision in … Read More
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Posted: March 10, 2014
Findings In SEC and NYSE Administrative Orders Do Not Trigger Dishonest Act Exclusion Under Professional Liability Policy
On February 28, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: March 9, 2014
Second Department Finds Private Right of Action Under Prompt Pay Law
On March 5, 2014, the Second Department issued a decision in Maimonides Medical Center v. First Unit… Read More
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Posted: March 8, 2014
Court Identifies Elements of Claim for Aiding and Abetting Undue Influence
On February 28, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: March 7, 2014
Standard for Pre-Award Attachment Under CPLR 7502(c) is that Award Must Otherwise Be "Rendered Ineffectual"
On March 6, 2014, the First Department issued a decision in Matter of Kadish v. First Midwest Securi… Read More
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Posted: March 6, 2014
Justice Saliann Scarpulla Posts Part Rules
Newly-appointed Justice Saliann Scarpulla of the New York County Commercial Division recently post… Read More
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Posted: March 5, 2014
Buyer's Broker Not Third-Party Beneficiary of Real Estate Sales Contract That Refers Only to Commission to Seller's Broker
On February 20, 2014, Justice Pines of the Suffolk County Commercial Division issued a decision in S… Read More
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Posted: March 4, 2014
Unjust Enrichment Claim Viable Even Though Defendant Committed No Wrongful Act Against the Defendant
On February 26, 2014, the Second Department issued a decision in Alan B. Greenfield, M.D., P.C. v. B… Read More
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Posted: March 3, 2014
Court of Appeals Rules That Issues of Fact Preclude Dismissal On Summary Judgment of Negligence Claim Against Insurance Broker
On February 25, 2014, the Court of Appeals issued a decision in Voss v. Netherlands Insurance Co., 2… Read More
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Posted: March 2, 2014
Case Dismissed for Champerty
On February 24, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: March 1, 2014
Settlement Term Sheet Enforceable Despite Statement That Formal Papers Would Be Executed
On February 27, 2014, the First Department issued a decision in Trolman v. Trolman, Glaser & Li… Read More
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Posted: February 28, 2014
Complaint Dismissed for Failure to Comply With Contract's Mandatory Mediation Provisions
On February 20, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
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Posted: February 27, 2014
Court of Appeals Agrees to Hear Certified Questions Regarding Application of "Separate Entity Rule" to Post-Judgment Enforcement Proceedings
On January 18, 2014, we posted that in Tire Engineering & Distribution, L.L.C., et al. v. Bank o… Read More
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Posted: February 26, 2014
Court of Appeals Rules On Reargument That Liability Insurer’s Breach of Duty To Defend Did Not Preclude The Insurer From Relying On Policy Exclusions To Avoid Duty To Indemnify
On February 18, 2014, the Court of Appeals issued a decision in K2 Investment Group, LLC v. American… Read More
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Posted: February 25, 2014
Foreign Default Judgment Enforceable in New York Even if the Foreign Court Did Not Have Personal Jurisdiction over Defendant Where Defendant Consented to Jurisdiction
On February 25, 2014, the Court of Appeals issued a decision in Landauer Ltd. v. Joe Monani Fish Co… Read More
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Posted: February 24, 2014
First Department Rules That Disgorgement May Be Available As An Equitable Remedy For Attorney General Claims Under Martin Act and Executive Law
On February 20, 2014, the First Department issued a decision in People v. Ernst & Young, LLP, 20… Read More
