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Posted: December 16, 2013
Insurance Policy Covering Multi-State Risks Governed by Law of State Where Insured is Domiciled
On December 11, 2013, the Second Department issued a decision in QBE Ins. Corp. v. Adjo Contracting … Read More
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Posted: December 15, 2013
Court of Appeals Agrees to Hear Certified Questions Regarding Unfinished Business Doctrine
On November 19, 2013, we posted that in In re: Thelen LLP, the Second Circuit had certified question… Read More
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Posted: December 14, 2013
Lease Amendment Invalid Because Landlord's President Lacked Authority to Amend Lease
On December 12, 2013, the First Department issued a decision in Site Five Hous. Dev. Fund Corp. v. B… Read More
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Posted: December 13, 2013
Dispute Over Authentiticy Precludes Dismissal Based on Documentary Evidence
On December 12, 2013, the First Department issued a decision in Laurel Hill Advisory Group, LLC v. A… Read More
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Posted: December 12, 2013
Motion to Compel Denied Because of Delay in Bringing It
On December 10, 2013, the First Department issued a decision in GoSMILE, Inc. v. Levine, 2013 NY Sli… Read More
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Posted: December 11, 2013
Court of Appeals Agrees to Hear Certified Questions Regarding "No Action" Clauses
On November 12, 2013, we posted that in Quadrant Structured Products, Ltd. v. Vertin, the Delaware S… Read More
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Posted: December 10, 2013
Counsel and Client Sanctioned For Deposition Misconduct
On December 4, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: December 9, 2013
Failure to Give Required Notice of Termination a Failure to Perform a Condition Precedent to Entitlement to Termination Payments
On December 3, 2013, Justice Demarest of the Kings County Commercial Division issued a decision in S… Read More
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Posted: December 8, 2013
Agreement to Pay Bonus Unenforcable Without Formula for Computing the Amount of the Bonus
On November 27, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: December 7, 2013
First Department Applies De Facto Merger Doctrine in Reversing Grant of Motion to Dismiss
On November 14, 2013, the First Department issued a decision in ePlus Group Inc. v. SNR Denton LLP,… Read More
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Posted: December 6, 2013
No Negligent Misrepresentation Claim From Arm's Length Transaction Between Sophisticated Parties
On November 26, 2013, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Spor… Read More
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Posted: December 5, 2013
First Department Affirms Strict Reading of Rule Requiring Stay and Notice to Retain New Counsel
On November 26, 2013, the First Department issued a decision in Scirica v. Colantonio, 2013 N.Y. Sl… Read More
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Posted: December 4, 2013
Court of Appeals Clarifies Criteria for Giving Missing Witness Charge
On November 26, 2013, the Court of Appeals issued a decision in DeVito v. Feliciano, Docket No. 195,… Read More
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Posted: December 3, 2013
Motion to Seal Sensitive Commercial Document Granted
On November 6, 2013, Justice Ramos of the New York County Commercial Division issued a decision in G… Read More
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Posted: December 2, 2013
IRS Audit Put Taxpayer on Inquiry Notice of Possible Fraud Claim Against Tax Advisor
On November 19, 2013, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: December 1, 2013
Real Property Law § 320 Limits Structuring Real Property Transactions as Sales
On November 27, 2013, the Second Department issued a decision in Bouffard v. Befese, LLC, 2013 NY S… Read More
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Posted: November 30, 2013
Judiciary Law Section 478 Applies Only to Legal Services Provided in New York
On November 27, 2013, the Second Department issued a decision in Gover v. Savyon, 2013 NY Slip Op. … Read More
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Posted: November 29, 2013
Final Judgments Subject to Discretionary Review Under CPLR 5015
On October 7, 2013, we noted that on October 9, 2013, the Court of Appeals would hear argument in Na… Read More
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Posted: November 28, 2013
Court of Appeals Enforces Lease as Written, Even Though it Leads to Harsh Result for Commercial Tenant
On October 7, 2013, we noted that on October 8, 2013, the Court of Appeals would hear argument in Eu… Read More
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Posted: November 27, 2013
Arbitration Provisions in LLC Operating Agreements May Be Enforced by LLCs Even If LLCs Are Not Parties to the Agreements
On November 15, 2013, Justice Kapnick of the New York County Commercial Division issued a decision i… Read More
