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Posted: January 5, 2014
Lack of Strict Compliance With Commercial Notice Provisions Can Be Excused Absent Prejudice
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 4, 2014
Appropriate Vehicle to Address Grievances In Two-Shareholder Corporations is Derivative Action
On December 20, 2013, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
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Posted: January 3, 2014
Employee Promissory Notes to be Repaid from Earnings Not Amenable to Summary Judgment in Lieu of Complaint
On December 24, 2013, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: January 2, 2014
Decision Explores the Distinction Between Transaction Causation and Loss Causation
On December 24, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: January 1, 2014
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The rules of the Commercial Division change from time-to-time. Currently, there are four proposed ru… Read More
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Posted: December 31, 2013
Default Judgment Against Corporation in Favor of its Sole Employee Vacated
On December 4, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: December 30, 2013
Unambiguous Commercial Contract Enforced As Written Despite Burden
On December 26, 2013, the Second Department issued a decision in Obstfeld v. Thermo Niton Analyze… Read More
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Posted: December 29, 2013
Seller Cannot Unilaterally Make Time of the Essence
On December 26, 2013, the Second Department issued a decision in Revital Realty Group, LLC v. Ulano… Read More
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Posted: December 28, 2013
Non-Party Subpoenas Quashed For Failure to Justify the Need for Discovery
On December 5, 2013, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: December 27, 2013
No Part Performance Exception to Statute of Frauds for Obligations that Cannot be Performed Within a Year
On December 17, 2013, the First Department issued a decision in Gural v. Drasner, 2013 NY Slip Op. … Read More
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Posted: December 26, 2013
Late Motion for Summary Judgment Rejected, Even When Styled as a Cross-Motion to a Timely-Made Motion
On December 24, 2013, the First Department issued a decision in Kershaw v. Hospital for Special Surg… Read More
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Posted: December 25, 2013
Attorneys' Fees Award Limited Because Plaintiff Did Not Prevail on All Arguments
On December 24, 2013, the First Department issued a decision in RSB Bedford Assoc. LLC v. Ricky's W… Read More
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Posted: December 24, 2013
Auctioneer Exception to Statute of Frauds Satisfied by Multiple Writings
On December 17, 2013, the Court of Appeals issued a decision in William J. Jenack Estate Appraisers… Read More
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Posted: December 23, 2013
Action Dismissed Due to Failure to Give Contractually-Required Notice and Opportunity to Cure Before Expiration of Limitations Period
On December 19, 2013, the First Department issued a decision in ACE Sec. Corp. v. DB Structured Prod… Read More
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Posted: December 22, 2013
Inability to Read or Write English Does Not Excuse Failure to Answer
On November 11, 2013, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: December 21, 2013
Attempt To Certify Class Action by Tenants Injured By Hurricane Sandy Summarily Dismissed
On December 11, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: December 20, 2013
Legal Malpractice Claim Survives Despite No Allegation of Attorney-Client Relationship
On December 18, 2013, the Second Department issued a decision in Mr. San, LLC v. Zucker & Kweste… Read More
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Posted: December 19, 2013
Post-Judgment Interest Constitutes Covered Damages Under Excess Liability Policy
On December 17, 2013, the Court of Appeals issued a decision in Herzl Ragins, et al. v. Hospitals In… Read More
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Posted: December 18, 2013
Settlement by Related Party In Earlier Action Does Not Bind Plaintiffs in New Action
On December 17, 2013, the First Department issued a decision in BDCM Opportunity Fund II, LP v. Yuca… Read More
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Posted: December 17, 2013
Whether Liquidated Damages Clause is Unenforceable Penalty is Fact Question
On December 6, 2013, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
