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Posted: February 25, 2021
Plaintiffs Cannot Avoid Application of Liquidated Damages Clause
On February 8, 2021, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: February 24, 2021
Conclusory Allegations Insufficient Basis for Judiciary Law 487 Claim
On February 10, 2021, the Second Department issued a decision in Cordell Marble Falls, LLC v. Kelly,… Read More
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Posted: February 23, 2021
Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
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Posted: February 22, 2021
Plaintiff Fails to Make Strong Showing Needed to Avoid Enforcement of Forum Selection Clause
On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: February 21, 2021
Defamation Claim Dismissed Because Statements Complained of Were Statements of Opinion
On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners,… Read More
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Posted: February 20, 2021
State AG Can Bring Breach of Contract Claim Against Investment Advisor Under Parens Patriae
On February 4, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
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Posted: February 19, 2021
Dismissal for Failure Timely to Move for Default Judgment, Without More, Not Dismissal for Failure to Prosecute for CPLR 205 Purposes
On February 11, 2021, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo B… Read More
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Posted: February 18, 2021
Even When Process Server Did Not Testify, Conclusory Denials of Receipt of Service Insufficient to Rebut Presumptive Validity of Affidavit of Service
On February 9, 2021, the First Department issued a decision in Eros Intl. PLC v. Mangrove Partners, … Read More
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Posted: February 17, 2021
Overlapping Ownership and Common Office Space Alone Insufficient to Support Veil Piercing Claim
On February 11, 2021, the First Department issued a decision in Suverant LLC v. Brainchild, Inc., 20… Read More
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Posted: February 16, 2021
Party Did Not Put Privileged Communications At Issue Where Claims Could be Litigated Without Relying on Privileged Communications
On February 9, 2021, the First Department issued a decision in Securitized Asset Funding 2011-2, Ltd… Read More
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Posted: February 15, 2021
Court Upholds Nail and Mail Service
On February 1, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: February 13, 2021
Broker's Dispute Not Covered by FINRA Arbitration Rules
On February 4, 2021, the First Department issued a decision in Matter of Barsanti v. UBS Asset Mgt. … Read More
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Posted: February 12, 2021
Court Erred in Quashing Subpoena Given Broad Scope of Discovery
On February 5, 2021, the Fourth Department issued a decision in M&T Bank Corp. v. Moody's Invs. … Read More
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Posted: February 11, 2021
Notice to Admit Cannot Request Admissions That Go to the Heart of the Parties' Dispute
On February 4, 2021, Justice Reed of the New York County Commercial Division issued a decision in 47… Read More
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Posted: February 7, 2021
Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
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Posted: February 6, 2021
Forum Selection Clause Mandating Federal Forum Cannot Serve as Basis for Jurisdiction in New York State Court
On January 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in P… Read More
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Posted: February 5, 2021
Court Should Have Ordered Necessary Parties to be Added to Case Rather Than Dismissing it
On February 3, 2021, the Second Department issued a decision in Ji Juan Lin v. Bo Jin Zhu, 2021 NY S… Read More
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Posted: February 4, 2021
Sections 11 and 12 Claim Accrual Not Based on When Damages from Drop in Stock Price Occurred
On February 2, 2021, the First Department issued a decision in Matter of Dentsply Sirona, Inc., 2021… Read More
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Posted: February 1, 2021
Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine
On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00… Read More
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Posted: January 30, 2021
Corporation May Avoid Prohibition on Corporation Appearing Pro Se by Assigning Claim
On January 14, 2021, Justice Sherwood of the New York County issued a decision in Anthony T. Rinaldi… Read More
