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Posted: February 7, 2014
Defendants Succeed in Limiting Most of the Categories of Damages in Lawsuit; Punitive Damages Claim Survives
On January 23, 2014, Justice Marks of the New York County Commercial Division issued a decision in J… Read More
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Posted: February 6, 2014
Motion to Dismiss May be Used to Limit Damages Theories Even if Claims Survive
On February 5, 2014, the Second Department issued a decision in Hecht v. Andover Associates Manageme… Read More
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Posted: February 5, 2014
New York County Case Assignment Changes
The elevation of New York County Commercial Division Justice Kapnick to the First Department has re… Read More
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Posted: February 5, 2014
New Monetary Threshold for New York County Commercial Division Takes Effect February 17, 2014
The change of the monetary threshold for assignment to the New York County Commercial Division from … Read More
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Posted: February 5, 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
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Posted: February 5, 2014
Fact Witness Not Allowed to Channel Expert's Opinion
On January 22, 2014, Justice Ramos of the New York County Commercial Division issued a decision in W… Read More
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Posted: February 4, 2014
Landlord's Alleged Role in Frustrating Achievement of Contract's Purpose Allows Claim for Breach of Duty of Good Faith and Fair Dealing to Survive Motion to Dismiss
On January 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: February 3, 2014
Transcripts and Videos of Arguments in the Court of Appeals for the Weeks of January 6 and January 13 Now Available
Transcripts and videos of arguments in the Court of Appeals for the weeks of January 6 and January 1… Read More
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Posted: February 3, 2014
Arbitration Clause in E-Mailed Terms and Conditions to Trading Account Agreement Not Sufficient to Bind Parties to Arbitration
On January 30, 2014, the First Department issued a decision in Basis Yield Alpha Fund (Master) v. Go… Read More
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Posted: February 2, 2014
RMBS Planitiff Moves for Leave to Appeal to Court of Appeals
On December 23, 2013, we blogged about the First Department's decision in ACE Sec. Corp. v. DB Struc… Read More
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Posted: February 1, 2014
Derivative Action Dismissed for Failure Adequately to Plead Demand Futility
On January 21, 2014, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
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Posted: January 31, 2014
Justice Saliann Scarpulla Appointed to New York County Commercial Division
On January 18, 2014, we posted that Governor Cuomo had announced the appointment of Justice Barb… Read More
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Posted: January 31, 2014
Appellate Divisions Announce Differing Choice-of-Law Analyses for Insurance Claims
On January 28, 2014, the First Department issued a decision in Davis & Partners, LLC v. QBE Ins.… Read More
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Posted: January 30, 2014
Court Allows Filing of Complaint Under Seal Along With Public Redacted Complaint
On January 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: January 29, 2014
Board Did Not Have Fiduciary Duty to Maximize Shareholder Benefit in Merger Where There was No Change of Control or Break-up
On January 13, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: January 28, 2014
Judicial Estoppel Does Not Apply When the Argument Made Does Not Lead to a Judgment
On January 23, 2014, the First Department issued a decision in Wells Fargo Bank N.A. v. Webster Busi… Read More
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Posted: January 27, 2014
Ties to New York Bank Found Insufficient to Create General Jurisdiction
On January 14, 2014, Justice Kapnick of the New York County Commercial Division issued a decision in… Read More
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Posted: January 26, 2014
How Not to Get a Case Assigned to the Commercial Division
On January 23, 2014, the First Department issued a decision in BDO USA, LLP v. Phoenix Four, Inc., 2… Read More
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Posted: January 25, 2014
Countersigned Letter is an Enforceable Contract Even Though Parties Contemplated Later Execution of a Formal Agreement
On January 16, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: January 24, 2014
Arbitral Award Confirmed Because it Was Not Irrational
On January 23, 2014, the First Department issued a decision in Ingham v. Thompson, 2014 NY Slip Op. … Read More
