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Posted: June 7, 2020
Counsel Disqualified Based on Client's Conflict
On April 21, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
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Posted: June 6, 2020
Landlord Not Entitled to Accounting from Tenant
On April 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 11… Read More
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Posted: June 5, 2020
GBL 349 Claim Fails for Lack of Consumer Impact
On May 8, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Time W… Read More
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Posted: June 4, 2020
Puffery Not Actionable Under Securities Laws
On May 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Ma… Read More
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Posted: June 3, 2020
Statute of Frauds Bars Claims Based on Alleged Oral 99-Year Lease
On May 13, 2020, the Second Department issued a decision in Roman Catholic Church of the Epiphany v.… Read More
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Posted: June 2, 2020
Court Rejects Apex Doctrine Challenge to Executive's Deposition
On May 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.T. … Read More
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Posted: June 1, 2020
Non-Recruitment Provision Reasonable, and Thus Enforceable
On April 19, 2020, Justice Masley of the New York County Commercial Division issued a decision in Fi… Read More
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Posted: May 31, 2020
Failure to Make Demand Dooms Conversion Claim
On April 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: May 30, 2020
Spoliation Sanctions Not Justified When Party Preserved Documents When it Became Aware That Litigation Was Probable
On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley … Read More
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Posted: May 29, 2020
Liquidated Damages Provision Eliminates Need for Plaintiff to Mitigate Damages
On April 24, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: May 28, 2020
Providing Legal Advice to Person Accused of Fraud Insufficient to Support Aiding and Abetting Claim
On April 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Spa… Read More
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Posted: May 27, 2020
Lawyer Cannot Avoid Malpractice Claim By Arguing That Client Had Access to Sufficient Facts to Evaluate Legal Issue
On April 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in Ha… Read More
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Posted: May 26, 2020
Continuing Wrong Doctrine Does Not Save Plaintiff's Claims From Being Time-Barred
On April 28, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Mar… Read More
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Posted: May 25, 2020
Court Analyzes Negligence and Fraud Claims Against Appraiser
On May 5, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Shavol… Read More
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Posted: May 24, 2020
To State a Conspiracy to Breach Fiduciary Duty Claim, All Alleged Conspirators Must Owe Fiduciary Duties
On May 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Sands… Read More
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Posted: May 23, 2020
Account Stated Claim Dismissed As Duplicative of Breach of Contract Claim
On May 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in St.… Read More
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Posted: May 22, 2020
Continuous Representation Doctrine Saves Malpractice Claim from Dismissal as Untimely
On May 2, 2020, Justice Masley of the New York County Commercial Division issued a decision in Rag &… Read More
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Posted: May 21, 2020
Legal Malpractice Claim Dismissed for Failure to Allege Facts Showing That Defendants' Alleged Negligence Damaged Plaintiff
On April 29, 2020, the Second Department issued a decision in Kahlon v. DeSantis, 2020 NY Slip Op. 0… Read More
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Posted: May 20, 2020
New Case Filings to be Permitted in New York State Courts Starting Monday
On May 20, 2020, Chief Administrative Judge Marks announced that starting on Monday, May 25, 2020, "… Read More
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Posted: May 20, 2020
Questions of Fact Regarding Defendant's Negligence Precluded Summary Judgment on Legal Malpractice Claim
On April 29, 2020, the Second Department issued a decision in Blumencranz v. Botter, 2020 NY Slip Op… Read More
