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Posted: July 15, 2020
Court Applies Continuing Wrong Doctrine to Find Breach of Contract Claims Timely
On July 1, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Tsui … Read More
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Posted: July 14, 2020
Alleged Errors in Applying Law Insufficient Basis for Challenging Arbitral Decision
On August 22, 2019, Justice Cohen of the New York County Commercial Division issued a decision in TC… Read More
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Posted: July 12, 2020
Statements Made Counsel in an Internal Investigation Upon Which a Party Later Relied Are Party Admissions
On July 9, 2020, the First Department issued a decision in Angiolillo v. Christie's, Inc., 2020 NY S… Read More
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Posted: July 11, 2020
Court Analyzes Rules Relating to Timely Moving to Confirm an Arbitral Award
On July 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stai… Read More
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Posted: July 10, 2020
Account Stated Claim Fails Because of Plaintiff's Irregular Billing Practices
On July 1, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in F… Read More
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Posted: July 9, 2020
Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF In… Read More
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Posted: July 8, 2020
Complaint Dismissed for Failure to Seek Default Judgment Within One Year
On July 1, 2020, the Second Department issued a decision in 16501 Jamaica Ave., LLC v. Hara, 2020 NY… Read More
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Posted: July 7, 2020
Tortious Interference with Prospective Business Relations Claim Fails for Lack of Evidence of Wrongful Means or Malice
On July 1, 2020, the Second Department issued a decision in Astro Kings, LLC v. Scannapieco, 2020 NY… Read More
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Posted: July 7, 2020
Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regardin… Read More
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Posted: July 6, 2020
Delay in Moving to Amend No Basis for Denying Motion if There is no Prejudice
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dua… Read More
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Posted: July 5, 2020
Fraud Claim Cannot be Based on Lost Profits
On June 25, 2020, the First Department issued a decision in Arena Riparian LLC v. CSDS Aircraft Sale… Read More
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Posted: July 4, 2020
Accountants Did Not Have Fiduciary Duty to Client
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dea… Read More
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Posted: July 3, 2020
Specific Representations and Warranties Control Over General "As Is" Clause
On June 12, 2020, Justice Friedman of the New York County Commercial Division issued a decision in V… Read More
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Posted: July 2, 2020
Mental Illness Does Not Make a Person Not of Suitable Discretion to Receive Service
On June 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Pate… Read More
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Posted: July 1, 2020
Funding Litigation Does Not Violate Champerty Statute
On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT)… Read More
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Posted: June 30, 2020
Prima Facie Tort Claim Fails Because Defendants Were Motivated By More Than Disinterested Malevolence
On June 4, 2020, Justice Borrok of the New York County Commercial Division issued a decision in LSG … Read More
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Posted: June 29, 2020
Derivative Action Dismissed for Failure to Give Board Adequate Time to Respond to Demand
On April 4, 2020, Justice Masley of the New York County Commercial Division issued a decision in D. … Read More
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Posted: June 28, 2020
Court of Appeals Accepts Certified Questions Relating to Usury
On June 23, 2020, the Court of Appeals accepted two pairs of certified questions--one from the Unite… Read More
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Posted: June 27, 2020
Derivative Claims Based on Misconduct of Corporate Officers Barred by In Pari Delicto Doctrine
On June 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Rutig… Read More
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Posted: June 26, 2020
That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective
On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fi… Read More
