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Posted: May 19, 2020
Fact Questions Precluded Summary Judgment for Defendant Based on No Damages for Delay Clause
On April 30, 2020, the Third Department issued a decision in Framan Mech., Inc. v. State Univ. Const… Read More
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Posted: May 18, 2020
Fraud Plaintiff's Due Diligence Sufficient When it Considered the Facts Reasonably Available to It
On February 19, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
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Posted: May 16, 2020
Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechn… Read More
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Posted: May 15, 2020
Accounts Receivable are Tangible Assets
On May 1, 2020, the Fourth Department issued a decision in Violet Realty, Inc. v. Amigone, Sanchez &… Read More
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Posted: May 14, 2020
Court Voids Lien Law Lien Because of Exaggerated Claim
On April 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in GP… Read More
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Posted: May 13, 2020
Party Whose Liability Was Only Vicarious Entitled to Common Law Indemnification
On April 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sha… Read More
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Posted: May 12, 2020
Breach of Fiduciary Duty Claims Timely Even Though Alleged Breach Merely Renewed Earlier, Time-Barred Breaches
On May 7, 2020, the First Department issued a decision in Ganzi v. Ganzi, 2020 NY Slip Op. 02740, ho… Read More
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Posted: May 11, 2020
Client's Mistaken Opinion on Law No Defense to Malpractice Claim
On April 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Am… Read More
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Posted: May 10, 2020
Landlord's Acceptance of Rent from Entity Other Than Lessee Did Not Waive Lease's Non-Assignment Provisions
On May 6, 2020, the Second Department issued a decision in VRA Family L.P. v. Salon Mgt. USA, LLC, 2… Read More
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Posted: May 9, 2020
Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. … Read More
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Posted: May 8, 2020
Governor Extends Statute of Limitations Tolling to June 6, 2020
On May 7, 2020, Governor Cuomo issued Executive Order 202.28, which, among other things, extended th… Read More
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Posted: May 7, 2020
Transcripts and Videos of Arguments in the Court of Appeals for March 2020 Now Available
On March 16, 2020, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
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Posted: May 6, 2020
Arbitral Panel Can Reconsider Partial Award
On April 30, 2020, the Court of Appeals issued a decision in American Intl. Specialty Lines Ins. Co.… Read More
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Posted: May 5, 2020
Litigant Not Entitled to Indemnification by Contractual Counter-Party Because Contract Was Not Unmistakably Clear
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Hu… Read More
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Posted: May 4, 2020
New York State Courts Continue Slowly to Reopen
On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and … Read More
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Posted: May 3, 2020
Legal Malpractice Claim Dismissed Based on the Attorney-Judgment Rule
On April 23, 2020, the First Department issued a decision in Lloyd's Syndicate 2987 v. Furman Kornfe… Read More
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Posted: May 2, 2020
Court Excuses Defendants' Failure to Raise Statute of Limitations Defense in Initial Motion to Dismiss
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in HH… Read More
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Posted: May 1, 2020
Lack of Due Diligence Dooms Fraudulent Inducement Claim
On April 16, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
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Posted: April 30, 2020
Legal Malpractice and Breach of Fiduciary Duty Claims Found Not Duplicative
On April 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ha… Read More
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Posted: April 29, 2020
Non-Compete Clause Covering All of United States and Canada Unenforceable
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in St… Read More
