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Posted: December 1, 2020
Integration Clause Bars Claim Based on Alleged Pre-Signing Promises
On November 17, 2020, the First Department issued a decision in Cambridge Invs. LLC v. Prophecy Asse… Read More
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Posted: November 30, 2020
Admission to Existence and Essential Terms of Oral Agreement Defeats Statute of Frauds
On November 17, 2020, the First Department issued a decision in CAS Mkt'ing & Licensing Co. v. J… Read More
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Posted: November 29, 2020
Forum Non Conveniens Dismissal Affirmed
On November 17, 2020, the First Department issued a decision in Diwan v. Grinberg, 2020 NY Slip Op. … Read More
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Posted: November 28, 2020
Affidavit Attesting to the Contents of Business Records Without Attaching the Records Inadmissible Hearsay
On November 12, 2020, the Second Department issued a decision in Countrywide Home Loans Servicing, L… Read More
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Posted: November 27, 2020
Settlement Agreement Involving the Sale of Real Property Unenforceable Under Statute of Frauds
On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip … Read More
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Posted: November 26, 2020
Court Erred By Dismissing Action Sua Sponte for Failure to Prosecute
On November 12, 2020, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Brown, 20… Read More
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Posted: November 25, 2020
Term Sheet Not Binding Because it was Contingent on Later, Formal Documentation
On November 12, 2020, the First Department issued a decision in McGowan v. Clarion Partners, LLC, 20… Read More
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Posted: November 24, 2020
Mere Guarantor Bound by Agreement's Arbitration Clause
On November 10, 2020, the First Department issued a decision in Matter of Finkelman v. Hagshama Broo… Read More
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Posted: November 23, 2020
RMBS Trustee's Obligation to Hold the Trust's Contractual Rights and to Exercise Them For the Benefit of Certificateholders Includes Affirmative Duty to Enforce Those Rights
On November 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in W… Read More
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Posted: November 22, 2020
Fraud Claim Based on Omissions Fails in Light of Disclosure that Not All Material Information Was Being Disclosed for Securities Law Reasons
On November 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: November 18, 2020
No Entitlement to Indemnification or Advancement In Suit Between Contracting Parties Unless Indemnification Provision Unequivocally Requires It
On November 05, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
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Posted: November 17, 2020
E-Mail Between Counsel Cannot Form Binding Agreement if The E-Mail Does Not Have the Attorney's Typed E-Mail Signature
On October 23, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Dok… Read More
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Posted: November 16, 2020
Tenant Not in Possession Cannot Rely on Equitable Rule Allowing for Late Renewal of Commercial Lease
On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: November 15, 2020
Bad Motive, Without More, Insufficient Basis for an Abuse of Process Claim
On November 4, 2020, Justice Hudson of the Suffolk County Commercial Division issued a decision in R… Read More
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Posted: November 14, 2020
Domination of Corporation Without Abuse of Corporate Form Insufficient Basis for Veil Piercing Claim
On October 30, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
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Posted: November 13, 2020
Contract Term Unreasonably Limiting Statute of Limitations Unenforceable
On October 26, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in S… Read More
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Posted: November 12, 2020
Incidental Equitable Claim Did Not Waive Right to Jury Trial
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: November 11, 2020
Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations
On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: November 10, 2020
Conclusory Allegations Doom Fraud Claim
On October 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: November 9, 2020
Tax Estoppel Defeats Claim
On October 29, 2020, the First Department issued a decision in Shyer v. Shyer, 2020 NY Slip Op. 0621… Read More
