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Posted: October 20, 2013
Equitable Claims Defeat Jury Demand
On October 17, 2013, Justice Bucaria of the Nassau County Commercial Division issued a decision in N… Read More
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Posted: October 20, 2013
Assignees of Purchaser of Residential Mortgage-Backed Securities Lack Standing to Sue and Assignor Failed to Adequately Plead Fraud Damages
On October 16, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: October 19, 2013
Third Party Not Bound by Arbitation Agreement of Which He Was Not a Direct Beneficiary
On October 17, 2013, the Court of Appeals issued a decision in Matter of Belzberg v. Verus Invs. H… Read More
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Posted: October 17, 2013
Common Interest Privilege Limited to Litigation Context
On October 16, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: October 16, 2013
A Formal, Written Litigation Hold Not Necessary To Trigger Requirement To Preserve Documents
On October 3, 2013, Justice Friedman of the New York County Commercial Division held in Roberts v. K… Read More
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Posted: October 16, 2013
Court Orders Disclosure of Work Product When Counsel Creates the Appearance of Manipulating Witness Testimony
On October 3, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: October 15, 2013
Justice Charles E. Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division has issued supplemental part practices for … Read More
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Posted: October 14, 2013
Court of Appeals Affirms The Use of Default Judgment as a Discovery Sanction
On October 7, 2013, we noted that on September 10, 2013, the Court of Appeals heard argument in Merr… Read More
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Posted: October 11, 2013
Failure to Comply With Statute of Frauds Bars Any Kind of Action Based On The Alleged Promise
On October 4, 2013, Justice Emerson of the Suffolk County Commercial Division issued a decision in S… Read More
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Posted: October 9, 2013
Court of Appeals Arguments of Interest for the Week of October 14, 2013
Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practition… Read More
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Posted: October 8, 2013
A Borrower's Subsequent Bankruptcy Frees Lender from its Election of Remedies
On October 7, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
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Posted: October 7, 2013
Court of Appeals Considers Use of Default Judgment as a Discovery Sanction
On September 10, 2013, the Court of Appeals heard argument in Merrill Lynch, Pierce, Fenner & Sm… Read More
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Posted: October 7, 2013
A Cautionary Tale on Attorneys' Fees
Fee shifting provisions requiring one party to a commercial agreement to pay the other side's attorn… Read More
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Posted: October 7, 2013
Court of Appeals Arguments of Interest for the Week of October 7, 2013
Upcoming arguments in the Court of Appeals that may be of interest to Commercial Division practition… Read More
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Posted: October 4, 2013
Justice Melvin L. Schweitzer Updates Part Rules
Justice Schweitzer of the New York County Commercial Division recently updated his Individual Practi… Read More
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Posted: October 4, 2013
CLE Program: Practicing in NYS Supreme Court
On October 30, 2013, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at the… Read More
