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Posted: February 23, 2014
Complaint to Reform Contract Dismissed for Failure to Join All Parties to Contract
On February 5, 2014, New York County Commercial Division Justice Bransten issued a decision in Oppen… Read More
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Posted: February 22, 2014
Whether Defendants Were "Sellers" Under UCC is Factual Question Precluding Dismissal on Statute of Limitations Grounds
On December 11, 2013, Justice Schmidt of the Kings County Commercial Division issued a decision in … Read More
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Posted: February 21, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Week of February 10, 2014, Now Available
Transcripts and videos of arguments in the Court of Appeals for the week of February 10, 2014, are n… Read More
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Posted: February 21, 2014
Unwritten Agreement to Arbitrate Enforceable, But Waived by Defendant's Assertion of Claims in Lawsuit
On February 19, 2014, the Second Department issued a decision in Willer v. Kleinman, 2014 NY Slip O… Read More
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Posted: February 20, 2014
Justice Charles E. Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division recently updated his Individual Practices. … Read More
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Posted: February 20, 2014
First Department Reverses Grant of Renewal For Lack of Diligence in Seeking Evidence
On February 18, 2014, the First Department issued a decision in Orchard Hotel, LLC v. D.A.B. Group, … Read More
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Posted: February 19, 2014
Court Grants Reargument When it Fails to Address Argument Made in Footnote
On February 6, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: February 18, 2014
Case Against New Jersey Defendants Dismissed for Lack of Personal Jurisdiction
On February 18, 2014, the First Department issued a decision in SunLight General Capital LLC v. CJS … Read More
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Posted: February 17, 2014
Court Denies Motion for Permissive Venue Change from New York County to Nassau County
On February 5, 2014, New York County Commercial Division Justice Friedman issued a decision in W.S. … Read More
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Posted: February 16, 2014
Legal Malpractice Claim Survives Summary Judgment Because of Potential Red Flag Requiring Law Firm to Investigate Client Representations
On February 13, 2014, the First Department issued a decision in Nomura Asset Capital Corp. v. Cadwal… Read More
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Posted: February 15, 2014
Alleged Breach of Disciplinary Rule Alone Does Not Create a Cause of Action for Legal Malpractice
On February 4, 2014, Justice Oing of the New York County Commercial Division issued a decision in Po… Read More
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Posted: February 14, 2014
Reminder: Threshold for New York County Commercial Division Cases Goes up to $500,000 Effective Monday, February 17, 2014
As we previously posted, on Monday, February 17, 2014, the monetary threshold for the assignment of … Read More
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Posted: February 13, 2014
Court of Appeals Rules That Two-Year Statute of Limitations In Insurance Policy Is Unenforceable Where Contractual Condition Precedent To Suit Could Not Be Accomplished Within Two Years
The Court of Appeals issued a decision today in Executive Plaza, LLC v. Peerless Insurance Company, … Read More
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Posted: February 13, 2014
Agreement Not Unconscionable Because it Was Not One Only a Delusional Party Would Make
On February 11, 2014, the First Department issued a decision in B.D. Estate Planning Corp. v. Tracht… Read More
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Posted: February 12, 2014
Fourth Department Declares Florida Law Regarding the Enforcement of Non-Compete Agreements Unenforceable on Public Policy Grounds
On February 7, 2014, the Fourth Department issued a decision in Brown & Brown, Inc. v. Johnson, … Read More
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Posted: February 12, 2014
2014 State of the Judiciary Address
On February 11, 2014, Chief Judge Lippman gave his 2014 State of the Judiciary address. The Court of… Read More
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Posted: February 11, 2014
Breach of Contract With Which Promissory Note Was Inextricably Intertwined Creates Defense to Payment of the Note
On January 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Z… Read More
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Posted: February 10, 2014
Court of Appeals Arguments of Interest for the Weeks of February 10 and 17, 2014
Arguments this month in the Court of Appeals that may be of interest to Commercial Division practit… Read More
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Posted: February 9, 2014
Party Waives Right to Arbitrate by Litigating Same Issues
On February 5, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: February 8, 2014
Justice Kapnick Gives Qualified Approval to $8.5 billion Settlement of Mortgage-Backed Securities Claims
On January 31, 2014, former New York County Commercial Division Justice Barbara Kapnick (now sitting… Read More
