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Posted: August 16, 2021
Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began
On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip … Read More
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Posted: August 12, 2021
Financial Difficulties Due to COVID-19 Pandemic No Excuse for Failure to Pay Pursuant to Settlement Agreement
On June 9, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Ma… Read More
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Posted: August 11, 2021
Attorney's Response to Email Agreeing to Settle Case Sufficient to Form a Valid Enforceable Settlement Agreement
On July 16, 2021, the Fourth Department issued a decision in Field v. Pet Haven, Inc., (2021 NY Slip… Read More
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Posted: August 10, 2021
One Party Cannot Unilaterally Waive Jointly-Held Attorney-Client Privilege Without the Consent of Other Parties
On July 22, 2021, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone Hold… Read More
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Posted: August 9, 2021
Contract Clause Capping Damages Absent Willful Conduct Must Be Enforced Where Breaching Party's Conduct was Merely Intentional Nonperfomance
On July 15, 2021, the First Department issued a decision in MUFG Union Bank, N.A. v. Axos Bank, et a… Read More
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Posted: July 16, 2021
Attorney's Standard E-mail Signature Block Sufficient to Create Binding Agreement
On July 08, 2021, the First Department issued a decision in Matter of Philadelphia Ins. Indem. Co. v… Read More
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Posted: July 10, 2021
Action Must be Dismissed if Plaintiff Fails to Seek a Default Judgment Within One Year
On July 7, 2021, the Second Department issued a decision in US Bank N..A. v. Davis, 2021 NY Slip Op.… Read More
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Posted: July 9, 2021
Tax Returns Are Not 3211(a)(1) Documentary Evidence
On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matte… Read More
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Posted: July 8, 2021
Agreement to Set-Off Future Payments by Amount of Unpaid Debt Not Improper Agreement to Extend Statute of Limitation Prior to Accrual of Claim
On July 1, 2021, the First Department issued a decision in Wagner v. Pegasus Capital Advisors, L.P.,… Read More
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Posted: July 4, 2021
Negligent Misrepresentation Claim Fails for Failure Adequately to Allege Special Relationship
On July 1, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Berks… Read More
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Posted: July 3, 2021
Offering Circular Cannot be Used to Help Interpret an Unambiguous Indenture
On June 28, 2021, Justice Reed of the New York County Commercial Division issued a decision in In th… Read More
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Posted: July 1, 2021
Breach of Fiduciary Duty Claim Dismissed for Lack of Damages
On June 24, 2021, the First Department issued a decision in Besen v. Farhadian, 2021 NY Slip Op. 040… Read More
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Posted: June 28, 2021
Defamation Claim Dismissed Based on Absolute Litigation Privilege
On June 17, 2021, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price He… Read More
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Posted: June 27, 2021
Where Arbitration Provision is Broad, it is for the Arbitrator, not the Court, to Determine Arbitrability
On June 17, 2021, the First Department issued a decision in Strongbow Consulting Group LLC v. Pricew… Read More
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Posted: June 26, 2021
Award Vacated Because it was Issued After the Deadline Set by the Parties
On June 11, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Matt… Read More
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Posted: June 25, 2021
Forum Selection Clause Mandating Federal Forum is Unenforceable When There is No Federal Jurisdiction
On May 28, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Melr… Read More
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Posted: June 23, 2021
Agents for a Partially-Disclosed Principal Bound by Agreement's Arbitration Provision
On May 27, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Narra… Read More
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Posted: June 22, 2021
Allegations the Release Was Procured by Fraud Fail When the Alleged Fraud is the Fraud That is the Subject of the Release
On June 2, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Ch… Read More
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Posted: June 21, 2021
Bill of Particulars Not a Discovery Device
On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., … Read More
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Posted: June 20, 2021
When Forum Selection Clause Submitting Only to Federal Jurisdiction is Unenforceable, Parties May Bring Suit in Other Jurisdiction
On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serfa… Read More
