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Posted: January 23, 2014
Director Breaches Fiducary Duty in Selling Corporate Shares to Himself
On December 24, 2013, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: January 22, 2014
Law of the Case Doctrine Bars Evidence on Issue Decided in Earlier Appeal
On January 21, 2014, the First Department issued a decision in Gliklad v. Cherney, 2014 NY Slip Op.… Read More
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Posted: January 21, 2014
Condominium Owners not Third-Party Beneficiaries of Contract Between Sponsor and Architect
On January 6, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Bo… Read More
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Posted: January 20, 2014
Plaintiff Barred from Recovering Damages Excluded by Contract
On January 15, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: January 19, 2014
Court of Appeals Agrees to Hear Certified Questions Regarding Unfinished Business Doctrine in Second Action
On December 15, 2013, we posted that on December 12, 2013, the Court of Appeals had accepted certifi… Read More
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Posted: January 18, 2014
Justice Kapnick Appointed to the First Department
On January 17, 2014, Governor Andrew M. Cuomo announced the appointment of Justice Barbara R. Kapn… Read More
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Posted: January 18, 2014
Second Circuit Asks Court of Appeals to Clarify Application of "Separate Entity Rule" to Post-Judgment Enforcement Proceedings
On January 14, 2014, in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., a… Read More
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Posted: January 17, 2014
Lost Profits Damages Not Available on Fraudulent Inducement Claim
On January 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: January 16, 2014
Contract Claim Dismissed For Failure to Plead Non-Speculative Damages
On January 2, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: January 15, 2014
Schlam Stone & Dolan Partner Jeffrey Eilender to Speak at State Bar Panel on The Interplay of Delaware and New York Law in Resolving Corporate and Commercial Disputes
On January 29, 2014, Schlam Stone & Dolan partner Jeffrey M. Eilender will be a panelist in a … Read More
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Posted: January 15, 2014
New York Choice of Law Provision Does Not Preclude Massachusetts Statutory Claim
On December 11, 2013, Justice Walker of the 8th Judicial District Commercial Division issued a decis… Read More
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Posted: January 14, 2014
Court of Appeals Arguments of Interest for the Week of January 13, 2014
Arguments this week in the Court of Appeals that may be of interest to Commercial Division practiti… Read More
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Posted: January 13, 2014
Quantum Meruit Claim Dismissed Where Defendant Benefited From, But Did Not Induce, Plaintiff's Performance
On December 19, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: January 12, 2014
Derivative Claim Dismissed for Failure to Allege Demand Futility with Particularity
On January 6, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: January 11, 2014
No At Issue Waiver of Privilege When Party Chooses Not to Use Privileged Documents in Litigation
On December 30, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: January 10, 2014
UCC Statute of Frauds Does Not Apply to a Contract to Create Artwork
On January 2, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: January 9, 2014
Court of Appeals Arguments of Interest for the Week of January 6, 2014
Arguments this week in the Court of Appeals that may be of interest to Commercial Division practitio… Read More
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Posted: January 8, 2014
Claim for Misappropriation of Ideas Dismissed on Summary Judgment Because Idea Not Novel
On December 23, 2013, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
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Posted: January 7, 2014
Failure To Comply With Pre-Suit Notice Requirement Nullifies Action
On January 3, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: January 6, 2014
Implied Commercial Contract Found to Exist, Preventing Termination Except by Terms of Original Contract
On December 20, 2013, Justice Walker of the 8th Judicial District Commercial Division issued a decis… Read More
