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Posted: January 29, 2021
Traverse Hearing Required When Defendant Defeats Prima Facie Validity of Affidavit of Service
On January 20, 2021, the Second Department issued a decision in US Bank N.A. v. Joseph, 2021 NY Slip… Read More
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Posted: January 28, 2021
Fraud Claim Fails for Lack of Justifiable Reliance
On January 19, 2021, the First Department issued a decision in United Natural Foods, Inc. v. Goldman… Read More
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Posted: January 27, 2021
Account Stated Claim Prevails Because of Defendant's Failure Timely to Object to Invoices
On January 19, 2021, the First Department issued a decision in Law Off. of Mark S. Helweil v. Karamb… Read More
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Posted: January 26, 2021
Non-Consumer Can Bring GBL 349 Claim if Public at Large Has Been Harmed
On January 19, 2021, the First Department issued a decision in KS Trade LLC v. International Gemolog… Read More
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Posted: January 25, 2021
Contract's Requirement That Party Accept "Reasonable" Purchase Offers Enforceable
On January 13, 2021, the Second Department issued a decision in LMEG Wireless, LLC v. Farro, 2021 NY… Read More
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Posted: January 24, 2021
Parties That Did Not Sign or Benefit From Agreement Containing Arbitration Provision Not Required to Arbitrate
On January 12, 2021, the First Department issued a decision in Alam v. Ahmad, 2021 NY Slip Op. 00104… Read More
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Posted: January 23, 2021
Tortious Interference Claim Cannot be Based on Agreement to At-Will Employment
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in B… Read More
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Posted: January 22, 2021
Court Denies Motion to Seal Documents Because of Failure to Prove Their Sensitivity
On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
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Posted: January 21, 2021
Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in V… Read More
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Posted: January 20, 2021
Former Client Can Bring Breach of Contract as Well as Malpractice Claims Against Counsel
On January 7, 2021, the First Department issued a decision in Bison Capital Corp. v. Hunton & Wi… Read More
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Posted: January 19, 2021
Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit
On January 05, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY S… Read More
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Posted: January 18, 2021
Verified Complaint Has Same Effect as an Affidavit
On December 24, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: January 17, 2021
Law of the Case Doctrine Applies to Actions Consolidated for Trial
On December 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
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Posted: January 16, 2021
Res Judicata Bars Plaintiff From Relitigating Previously-Litigated Claims
On January 5, 2021, the First Department issued a decision in Bauhouse Group I, Inc. v. Kalikow, 202… Read More
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Posted: January 15, 2021
Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud
On December 30, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
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Posted: January 14, 2021
Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims
On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 202… Read More
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Posted: January 13, 2021
Mutual Mistake Claim Fails
On December 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
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Posted: January 12, 2021
Court Finds Defendant Bound by Indemnification Provision
On December 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
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Posted: January 11, 2021
Shareholder of Dissolved LLC Has Standing to Bring Derivative Action
On December 9, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: January 10, 2021
Conflict Claims Insufficient for Derivative Claim to Survive
On December 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
