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Posted: December 20, 2020
Breach of Fiduciary Claim Dismissed as Duplicative of Contract Claim Because it Was Based on Breach of Duties Assigned by Contract
On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More
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Posted: December 19, 2020
Plaintiff Prevailing Party, Entitling it to Fees, Even Though it Only Was Awarded Nominal Damages
On December 8, 2020, the First Department issued a decision in Quik Park W. 57 LLC v. Bridgewater Op… Read More
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Posted: December 18, 2020
Breach of Contract Claim Barred by Contract Provision Making Third-Party Quality Assessment Binding
On December 1, 2020, the First Department issued a decision in Curacao Oil N.V. v. Trafigura Pte. Lt… Read More
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Posted: December 17, 2020
Court Rejects Effort to Avoid Pre-Judgment Interest
On December 2, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
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Posted: December 16, 2020
Allegations That Directors Were Acquainted With Interested Party Insufficient Basis for Claim That They Were Not Disinterested
On December 03, 2020, the First Department issued a decision in Matter of Cadus Corp. Stockholders L… Read More
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Posted: December 15, 2020
Notice Provisions Not Strictly-Enforced When Counterparty Receives Actual Notice and is Not Prejudiced
On October 14, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Go… Read More
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Posted: December 14, 2020
Plaintiff Adequately Alleged Aid and Abetting Fraud Where Defendant Allegedly Devised Scheme That Was Used to Deceive Plaintiff
On December 1, 2020, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. KPMG… Read More
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Posted: December 13, 2020
Written Acknowledgement of Debt Revives Statute of Limitations
On December 2, 2020, the Second Department issued a decision in Commodore Factors Corp. v. Deutsche … Read More
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Posted: December 12, 2020
Judiciary Law Section 487 Claim Dismissed for Lack of Specific, Non-Conclusory Allegations
On December 2, 2020, the Second Department issued a decision in DeMartino v. Abrams, Fensterman, Fen… Read More
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Posted: December 11, 2020
Fraud Claims Based on Omissions Fail Where Agreement Expressly Contemplated Non-Disclosure of All Material Information
On November 5, 2020, Justice Borrok issued a Commercial Division decision dealing with a fraud claim… Read More
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Posted: December 11, 2020
Whether Particular Words Are Defamatory Is for a Court to Determine in the First Instance
On December 3, 2020, the First Department issued a decision in Savitt v. Cantor, 2020 NY Slip Op. 07… Read More
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Posted: December 10, 2020
Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
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Posted: December 9, 2020
Plaintiff May Move for Summary Judgment in Lieu of Complaint on Guaranty Even if Interpretation of Guaranty Relies on Other Agreements
On November 20, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: December 8, 2020
Signed Acknowledgement of Debt Revives Time-Barred Claim
On November 25, 2020, the Second Department issued a decision in U.S. Bank, N.A. v. Mandracchia, 202… Read More
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Posted: December 7, 2020
Complaint Struck as Discovery Sanction
On November 25, 2020, the Second Department issued a decision in Allstar Electronics, Inc. v. R. Sco… Read More
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Posted: December 6, 2020
Corporate Officers Granted Indemnification Under BCL
On November 25, 2020, the Second Department issued a decision in Federico v. Brancato, 2020 NY Slip … Read More
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Posted: December 5, 2020
Questions Regarding Application of Special Facts Doctrine Preclude Summary Judgment
On November 24, 2020, the First Department issued a decision in Sports Tech. Applications, Inc. v. M… Read More
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Posted: December 4, 2020
Liquidated Damages Clause Found to be Unenforceable Penalty
On November 24, 2020, the Court of Appeals issued a decision in Trustees of Columbia Univ. in the Ci… Read More
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Posted: December 3, 2020
Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More
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Posted: December 2, 2020
Lost Profits Damages Not Available for New Business
On November 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
