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Posted: May 30, 2021
The Parties' Course of Dealing Called Into Question the Effect of a Release
On May 19, 2021, the Second Department issued a decision in United Airconditioning Corp. v. Axis Pip… Read More
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Posted: May 29, 2021
Yellowstone Injunction Undertaking Cannot Be Used to Pay Use and Occupancy
On May 25, 2021, the First Department issued a decision in Booston LLC v. 35 W. Realty Co., LLC, 202… Read More
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Posted: May 27, 2021
Pandemic Does Not Excuse Commercial Tenant's Obligations Under Lease
On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo … Read More
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Posted: May 26, 2021
Fraudulent Inducement Claim Survives Despite Defendant's Argument That Plaintiff Failed to Exercise Due Diligence
On May 25, 2021, the First Department issued a decision in VXI Lux Holdco, S.A.R.L. v. SIC Holdings,… Read More
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Posted: May 24, 2021
Service of a Subpoena on One Member of a Partnership is Insufficient to Compel the Appearance of Another Partner
On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v… Read More
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Posted: May 23, 2021
Fraud Claim Cannot be Based on Misrepresentations of an Intention to Perform a Contract
On May 13, 2021, the First Department issued a decision in 320 W. 115 Realty LLC v. All Bldg. Constr… Read More
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Posted: May 22, 2021
Questions of Fact Preclude Dismissal of Section 12 Claim on the Ground that Defendants Were Not Statutory Sellers
On May 14, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Erie… Read More
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Posted: May 21, 2021
Tolling of Statute of Limitations Against Fiduciary Based on Fiduciary's Concealment of Facts Cannot Be Based on Same Conduct That is the Basis for the Cause of Action
On May 7, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in F.W. … Read More
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Posted: May 20, 2021
Deficiencies in Notice and Demand to Cure Bar Eviction
On April 2, 2021, Justice Walker of the Erie County Commercial Division issued a decision in Ronald … Read More
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Posted: May 17, 2021
Tortious Interference with Prospective Business Relations Claim Fails for Lack of Factual Allegations of Bad Conduct
On March 1, 2021, Justice DeStefano of the Nassau County Commercial Division issued a decision in A.… Read More
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Posted: May 14, 2021
Defendant Waived Objection to Service By Failing to Raise it in Pre-Answer Motion to Dismiss
On May 4, 2021, the First Department issued a decision in J.G. Jewelry Pte. Ltd. v. TJC Jewelry, Inc… Read More
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Posted: May 13, 2021
Nonsignatory of Agreement Containing Arbitration Clause Can Compel Arbitration Because of its Close Relationship to Signatory
On May 4, 2021, the First Department issued a decision in Matter of Berger v. Signac Invs. Ltd., 202… Read More
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Posted: May 11, 2021
When Parties Agree Only to a Narrow Agreement to AAA Arbitration, it is For the Court, Not to AAA, to Decide if a Claim is Arbitrable
On April 23, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Met… Read More
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Posted: May 10, 2021
Questions of Fact Preclude Dismissal of Claims Against Indenture Trustee, Rejecting Argument That its Duties Were Merely Ministerial
On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmin… Read More
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Posted: May 9, 2021
Common Law Indemnification Claim Fails When the Putative Indemnitee Settles its Claims
On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
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Posted: May 8, 2021
Great Deference Afforded Arbitral Awards Leads Court to Refuse to Vacate Award
On April 30, 2021, the Fourth Department issued a decision in Barone v. Haskins, 2021 NY Slip Op. 02… Read More
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Posted: May 7, 2021
Lien Law Claim Not Defeated by Later Payment Out Of Non-Trust Assets
On April 30, 2021, the Fourth Department issued a decision in DiMarco Constructors, LLC v. Top Capit… Read More
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Posted: May 6, 2021
General Objection to Obligation to Pay Bill Sufficient to Defeat Account Stated Claim
On April 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Dra… Read More
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Posted: May 5, 2021
Misrepresentations Causing Investor Not to Sell a Security (Holder Claims) Not Actionable Under New York Law
On April 22, 2021, the First Department issued a decision in Feinberg v. Marathon Patent Group Inc.,… Read More
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Posted: May 4, 2021
Fee Considered In Determining Whether Loan Was Usurious
On April 20, 2021, the First Department issued a decision in Salamone v. EIP Global Fund LLC, 2021 N… Read More
