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Posted: June 25, 2020
Tax Returns Not Discoverable Without Strong Showing That Information is Indispensable
On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Safir… Read More
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Posted: June 24, 2020
Securities Act Section 11 and 12 Claims Not Subject to Heightened CPLR 3016 Pleading Standards
On June 2, 2020, Justice Borrok of the New York Commercial Division issued a decision in Matter of N… Read More
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Posted: June 23, 2020
Economic Duress Not a Defense for At-Will Employees Who Sign Contracts Under Threat of Termination
A recent Commercial Division ruling analyzed whether an at-will employee can raise the affirmative d… Read More
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Posted: June 23, 2020
Trust Entitled to Fees in RMBS Put-Back Action Based on Representation and Warranty Breaches
On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Pa… Read More
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Posted: June 22, 2020
Nonsignatories Bound by Arbitration Provisions in Contract They Relied Upon in Asserting Claims
On May 29, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in 20… Read More
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Posted: June 21, 2020
Maintaining and Using Disputed Property Insufficient, Without More, to Support Claim for Adverse Possession
On June 3, 2020, the Second Department issued a decision in Finger v. 162 Grand St. Realty, LLC, 202… Read More
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Posted: June 20, 2020
Tortious Interference Claim Accrues When Plaintiff First Damaged
On June 4, 2020, the First Department issued a decision in Linkable Networks, Inc. v Mastercard Inc.… Read More
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Posted: June 19, 2020
Failure to Make Timely and Particular Objections Waives Objections Not Based on Privilege or Palpable Impropriety
On June 18, 2020, the First Department issued a decision in Khatskevich v. Victor, 2020 N.Y. App. Di… Read More
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Posted: June 18, 2020
Plaintiff States Claim for Breach of Obligation to Negotiate in Good Faith
On April 21, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Son… Read More
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Posted: June 17, 2020
Defendants Who Are Not Statutory Sellers Not Liable for Section 12 Claims Even Though They Were Primary Beneficiaries of Stock Sale
On April 22, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
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Posted: June 16, 2020
Defendants Who Were Parties to a Contract Not Liable for Tortious Interference With it
On May 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shyer… Read More
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Posted: June 15, 2020
Allegations of Fraud Unrelated to Forum Selection Clause Do Not Bar Enforcement of Clause
On April 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Aby… Read More
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Posted: June 14, 2020
Zoning Consulting is not a Profession for Purposes of a Professional Malpractice Claim
On May 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in 14 L… Read More
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Posted: June 13, 2020
If Court Had No Jurisdiction to Enter Judgment, Payment of the Judgment Did Not Extinguish It and so it Could be Vacated
On May 27, 2020, the Second Department issued a decision in Yellowbook, Inc. v. Hedge, 2020 NY Slip … Read More
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Posted: June 12, 2020
Court Holds that CPLR 3220 Award Only Available When Matter Has Gone to Trial
On April 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loe… Read More
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Posted: June 11, 2020
Continuing Wrong Doctrine Does not Save Contract Claims Based on Failure to Recognize Ownership Share
On May 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Kaufm… Read More
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Posted: June 10, 2020
Buying Distressed Debt to Collect on it Not Champerty
On April 23, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: June 9, 2020
Court Refuses to Dissolve LLC; High Burden for Dissolution Not Met
On May 1, 2020, Justice Schecter of the New York County Commercial Division issued a decision in War… Read More
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Posted: June 8, 2020
Fraudulent Inducement Claim Survives as Not Duplicative of Breach of Contract Claim
On May 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in SRS Ca… Read More
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Posted: June 7, 2020
Governor Cuomo Extends Suspension of NY Statute of Limitations to July 6
On June 6, 2020, Governor Cuomo extended the suspension of the NY statute of limitations to July 6, … Read More
