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Posted: August 5, 2020
Typically, At Will Employees Do Not Have a Fiduciary Duty to Their Employer
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Uni… Read More
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Posted: August 4, 2020
Claim Timely Under Borrowing Statute
On July 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
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Posted: August 3, 2020
Injunction Denied Because Alleged Harm Could be Remedied by an Award of Money Damages
On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Som… Read More
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Posted: August 2, 2020
Plaintiff Was Not Entitled to RPL § 291's Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY … Read More
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Posted: August 1, 2020
Court Allows Reverse Veil-Piercing Claims to Go Forward
On July 16, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 31, 2020
Accounting Claim Dismissed for Failure Adequately to Allege a Fiduciary Relationship
On July 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kar… Read More
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Posted: July 30, 2020
Service on Doorman at Address Shown in DMV Records Sufficient Service Despite Defendant's Claim That He Did Not Live There
On July 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kal… Read More
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Posted: July 29, 2020
Employers Should Scrutinize Non-Competes in Employment Contracts on a Case-By-Case Basis
To employers, having key employees sign non-competition agreements can be crucial to their business … Read More
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Posted: July 29, 2020
Court Upholds Arbitrator's Sanctions Award
On July 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 28, 2020
Tortious Interference Claim Fails for Lack of Allegations of Malice or Illegal Means
On July 22, 2020, the Second Department issued a decision in 684 E. 222nd Realty Co., LLC v. Sheehan… Read More
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Posted: July 27, 2020
Allegations Insufficient to Show Existence of a Joint Venture
On July 22, 2020, the Second Department issued a decision in MacKay v. Paesano, 2020 NY Slip Op. 041… Read More
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Posted: July 26, 2020
Fee Charged to Forebear From Suing on Note Interest for Purposes of Usury Law
On July 13, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in S… Read More
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Posted: July 23, 2020
Indenture Did Not Permit Trustee to Sue to Protect Investor's Rights Until There was an Event of Default
On July 16, 2020, Justice Schecter of the New York County Commercial Division issued a decision in U… Read More
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Posted: July 22, 2020
Continuous Representation Doctrine Saves Legal Malpractice Action from Being Time-Barred
On July 15, 2020, the Second Department issued a decision in Keshner v. Hein Waters & Klein, 202… Read More
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Posted: July 21, 2020
Court Grants Petition Staying Arbitration Because Claimant Failed to Use Pre-Arbitration Dispute Resolution Process
On July 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loca… Read More
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Posted: July 20, 2020
Court Upholds Fraud Claim Based on Damages Resulting From Selling at a Fraudulently-Induced Deflated Price
On June 29, 2020, Justice Masley of the New York County Commercial Division issued a decision in Com… Read More
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Posted: July 19, 2020
Court Vacates Preliminary Injunction Undertaking Because of Defendants' Failure to Obey the Injunction
On July 3, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Za… Read More
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Posted: July 18, 2020
Action Dismissed for Failure to File Note of Issue
On July 2, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in So… Read More
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Posted: July 17, 2020
Court Considers Constructive Dividends in Calculating Parties' Entitlement to Share of Company's Assets
On July 9, 2020, Justice Livote of the Queens County Commercial Division issued a decision in Chun Y… Read More
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Posted: July 16, 2020
Defendants Subject to Personal Jurisdiction in New York Based on Actions of their Agent
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.G. … Read More