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Posted: May 3, 2021
Forum Selection Clause Not Incorporated into Contract When Contract Only Refers to, But Does Not Expressly Incorporate the Terms of, The Agreement Containing the Forum Selection Clause
On April 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in W-S… Read More
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Posted: May 2, 2021
Breach of Contract Claim Dismissed for Failure to Allege Damages
On April 29, 2021, the First Department issued a decision in AmBase Corp. v. 111 W. 57th Sponsor LLC… Read More
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Posted: May 1, 2021
Continuing Wrong Doctrine Saves Claim From Dismissal on Statute of Limitations Grounds
On April 27, 2021, the First Department issued a decision in CWCapital Cobalt VR Ltd. v. CWCapital I… Read More
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Posted: April 27, 2021
Party Asserting Unclean Hands Defense Must Have Been Injured by the Plaintiff's Misconduct
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
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Posted: April 26, 2021
Fact Questions Preclude Dismissal of Claim Based on Oral Agreement to Purchase Real Estate on Statute of Frauds Grounds
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
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Posted: April 25, 2021
Nonarbitrable Issues Can be Decided in an Arbitration When They Are Inextricably Intertwined With an Arbitrable Issue
On April 8, 2021, the First Department issued a decision in Protostorm, Inc. v. Foley & Lardner … Read More
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Posted: April 24, 2021
Decisions on How to Liquidate Made by LLC's Managing Member Reviewed Under Deferential Business Judgment Rule
On April 6, 2021, the First Department issued a decision in Matter of FGLS Equity LLC, 2021 NY Slip … Read More
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Posted: April 23, 2021
That Defendant's Claims Against Third Party Claims Arise From Same Factual Circumstances as Complaint Insufficient Basis for a Third-Party Claim if the Third Party is not Alleged to be Liable for Plaintiff’s Claim Against Defendant
On April 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in J.G.… Read More
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Posted: April 22, 2021
Court Soundly Rejects Attempt to Disqualify Arbitrators
On April 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Hun… Read More
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Posted: April 21, 2021
Remedy for Prohibited Transfer is Voiding Transfer, Not Money Damages
On April 1, 2021, Justice Cohen of the New York County Commercial Division issued a decision in JDS … Read More
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Posted: April 20, 2021
Duty to Notify Parties of Defective Loans in RMBS Trust Found to Be Separate Duty, Not Condition Precedent to Duty to Cure
On April 13, 2021, the First Department issued a decision in Matter of Part 60 RMBS Put - Back Litig… Read More
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Posted: April 19, 2021
Good Faith and Fair Dealing Claim Rejected Because It Was Not Raised Until Summary Judgment
On April 13, 2021, the First Department issued a decision in Darabont v. AMC Network Entertainment L… Read More
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Posted: April 18, 2021
Account Stated Defense Defeats Claim Based on Alleged Miscalculation of Payments
On April 13, 2021, the First Department issued a decision in Atsco Footwear Holdings, LLC v. KBG, LL… Read More
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Posted: April 16, 2021
Continuous Representation Doctrine Saves Legal Malpractice Claim From Being Time-Barred
On April 1, 2021, the First Department issued a decision in Boesky v. Levine, 2021 NY Slip Op. 02059… Read More
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Posted: April 15, 2021
Appeal Dismissed for Failure to Provide Proof of Service of the Record and Appeal Brief
On April 1, 2021, the First Department issued a decision in Kim v. Francis, 2021 NY Slip Op. 02072, … Read More
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Posted: April 14, 2021
Incidental Beneficiaries Cannot Bring Third-Party Beneficiary Claims
On April 1, 2021, the First Department issued a decision in Levin v. Salvini, 2021 NY Slip Op. 02074… Read More
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Posted: April 12, 2021
Waiver of Defenses in Guaranty Prevented Guarantor From Asserting Affirmative Defenses to Guaranty's Enforcement
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB… Read More
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Posted: April 11, 2021
Predecessor Counsel in Contingency Action Denied Any Share of Contingency Fee
On March 31, 2021, the Second Department issued a decision in Robinson & Yablon, P.C. v. Sacco &… Read More
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Posted: April 10, 2021
Expert Report and Damages Theory Excluded Because Defendant Was Not on Notice of Damages Theory
On March 30, 2021, the First Department issued a decision in Advanced Aerofoil Tech. AG v. MissionPo… Read More
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Posted: April 9, 2021
Court Holds Non-Party in Contempt for Failing to Produce Documents in Response to Subpoena
On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Imp… Read More
