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Posted: November 8, 2020
Conversion Claim Seeking Damages Arising From Contractual Breach Dismissed
On October 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: November 7, 2020
Dissolved Corporation Can Still Bring Lawsuit
On October 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: November 6, 2020
Parties' Course of Dealing Used to Interpret Ambiguous Contract Term
On October 22, 2020, the First Department issued a decision in China Privatization Fund (Del.), L.P.… Read More
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Posted: November 5, 2020
Where Parties Have a Contract, Unjust Enrichment Claim Must be Dismissed
On October 22, 2020, the First Department issued a decision in ECD NY Inc. v. 616 First Ave. Dev. LL… Read More
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Posted: November 4, 2020
Litigation Privilege Does Not Extend to Communications to Non-Party That Are Unrelated to the Litigation
On October 27, 2020, the First Department issued a decision in 3P-733, LLC v. Davis, 2020 NY Slip Op… Read More
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Posted: November 3, 2020
Court Enforces Disclaimer of Fiduciary Duty
On October 20, 2020, the First Department issued a decision in La Scoula D'Italia Guglielmo Marconi … Read More
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Posted: November 2, 2020
New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling
On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 202… Read More
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Posted: November 1, 2020
"Notwithstanding" Clause in Indenture Controls Over Other Contract Terms
On October 22, 2020, the Court of Appeals issued a decision in CNH Diversified Opportunities Master … Read More
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Posted: October 31, 2020
CPLR 3215(c) Requires Only That Plaintiff Move for Default Within One Year, Not That a Default Judgment Be Entered Within One Year
On October 14, 2020, the Second Department issued a decision in Onewest Bank, FSB v. Kanapathipillai… Read More
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Posted: October 30, 2020
Malpractice Claim Against Appraiser Accrued When Plaintiff Ultimately Received Appraisal, Not on Earlier Date When Appraisal Was Given to Lender
On October 14, 2020, the Second Department issued a decision in ShareStates Invs., LLC v Creagh &… Read More
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Posted: October 29, 2020
Contract Based on Exchange of E-Mails Valid Where Material Terms Included in the E-Mails
On October 15, 2020, the First Department issued a decision in Lembo v. Rosania, 2020 NY Slip Op. 05… Read More
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Posted: October 29, 2020
Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings
The Office of Court Administration has asked for public comment on a proposed new Commercial Divisio… Read More
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Posted: October 28, 2020
Contract Void for Lack of Consideration
On October 13, 2020, the First Department issued a decision in Weisenfeld v. Iskander, 2020 NY Slip … Read More
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Posted: October 27, 2020
Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision i… Read More
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Posted: October 26, 2020
Court Issues Injunction, Enforcing Contract Term Providing that There Would be No Remedy At Law in the Event of Breach
On October 13, 2020, the First Department issued a decision in Vector Media, LLC v. Go New York Tour… Read More
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Posted: October 25, 2020
Party Cannot Participate in Arbitration Without Challenging Jurisdiction in Court and Then Seek to Vacate Based on Lack of Jurisdiction
On October 9, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
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Posted: October 24, 2020
Tortious Interference Claim Fails Without Allegations of Wrongful Means
On October 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: October 23, 2020
CLE on New Commercial Division Hyperlinking Rules and Other Recent Rule Changes
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the pr… Read More
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Posted: October 22, 2020
Letter of Credit Not 3213 instrument for the Payment of Money Only
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
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Posted: October 21, 2020
Provision in Contract Awarding Double Attorneys’ Fees to Prevailing Party is Enforceable
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
