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Posted: November 11, 2013
Statute of Frauds Does Not Bar Multi-Year Oral Agreement That Could Be Performed in One Year
On November 8, 2013, the Fourth Department issued a decision in DeJohn v. Speech, Language & Com… Read More
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Posted: November 10, 2013
Extrinsic Evidence of Meaning of Contract Term Not Considered
On October 30, 2013, the Second Department issued a decision in Outstanding Transport, Inc. v. Inter… Read More
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Posted: November 9, 2013
Foreign Derivative Claims Face Hurdles in NY Courts
On October 22, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: November 8, 2013
Default Judgment Should Be Entered Absent Specific Evidence of Lack of Service or Excuse for the Failure to Answer
On November 6, 2013, the Second Department issued a decision in Loaiza v. Guzman, 2013 NY Slip Op. 0… Read More
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Posted: November 7, 2013
Competing Claims of Ownership Call for Appointment of a Receiver
On October 23, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: November 5, 2013
Courts Continue to Wrestle with Standard for Reasonable Reliance in Commercial Contexts
On October 31, 2013, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
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Posted: November 5, 2013
Statute of Limitations Not Tolled by Equitable Estoppel
On October 28, 2013, Justice Whelan of the Suffolk County Commercial Division issued a decision in N… Read More
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Posted: November 4, 2013
"Best Efforts" Clause Enforced Notwithstanding Absence of Objective Criteria in Agreement Against Which Efforts Could Be Measured
On October 24, 2013, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: November 3, 2013
Public Not Third-Party Beneficiary of Lease Between City and Museum
On October 29, 2013, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: November 2, 2013
Failure to Timely Raise Discovery Disputes with the Court Waives Them
On October 21, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: November 1, 2013
Insurance Law's Notice Requirements Strictly Construed
On October 23, 2013, Justice Ramos of the New York County Commercial Division issued a decision in S… Read More
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Posted: October 31, 2013
Existence of Fiduciary Duty Depends on Role in Which Party is Acting
On October 30, 2013, the Second Department issued a decision in Varveris v. Zacharakos, 2013 N.Y. S… Read More
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Posted: October 30, 2013
Res Judicata Bars Claims Arising During Prior Lawsuit
On October 29, 2013, the First Department issued a decision in Jumax Assoc. v. 350 Cabrini Owners Co… Read More
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Posted: October 29, 2013
Documentary Evidence Refutes Allegation that Defendant was Party to Contract
On October 16, 2013, the Second Department issued a decision in Kalmon Dolgin Affiliates, Inc. v. To… Read More
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Posted: October 26, 2013
Oral Argument Heard on Exempt Income Protection Act (EIPA)'s Procedural Requirements
On October 9, 2013, we noted that on October 15, 2013, the Court of Appeals would be hearing argumen… Read More
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Posted: October 25, 2013
Divided First Department Panel Enforces Burdensome "Notwithstanding" Clause
On October 24, 2013, the First Department, in a 3-2 decision, issued a decision in BDC Finance L.L.… Read More
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Posted: October 25, 2013
False Warranty in Commercial Contract Can be Basis of Fraud Claim
On October 21, 2013, Justice Ramos of the New York County Commercial Division issued a decision in W… Read More
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Posted: October 24, 2013
"Notwithstanding" Clause Controls Contract Even When It Reads Other Term Out of the Contract
On October 22, 2013, the First Department issued a decision in Warburg Opportunistic Trading Fund, L… Read More
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Posted: October 21, 2013
Ten Questions for Justice Warshawsky
In an effort to foster communication between the Commercial Division bench and bar, from time to tim… Read More
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Posted: October 21, 2013
Second Circuit Declines to Follow Appellate Division Interpretation of New York Law
While we normally do not blog about Second Circuit decisions, that court's decision in Licci v. Leba… Read More
