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Posted: April 28, 2020
Demand Futility Allegations Fail to Overcome High Bar Where Outside Directors are Insulated from Monetary Liability
On April 13, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: April 27, 2020
Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute
On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in D… Read More
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Posted: April 26, 2020
Acts in New York are Insufficient Basis for Personal Jurisdiction When The Claim is not Based on Those Acts
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
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Posted: April 25, 2020
Failure to Serve Judgment Debtor Dooms Creditor's Attempts to Collect
On April 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ka… Read More
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Posted: April 24, 2020
Account Stated Theory Provides Basis For Defense Based on Payment of Stated Account
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
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Posted: April 23, 2020
Breach of Contract Claim Fails if Injury is Not Alleged
On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
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Posted: April 22, 2020
Scheduling Remote Conferences with Commercial Division Justices
The Commercial and Federal Litigation Section of the New York State Bar Association has compiled inf… Read More
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Posted: April 21, 2020
NYSBA CLE: How To Seal Documents in the Commercial Division
On Wednesday April 22, 2020, the Commercial and Federal Litigation Section of the New York State Bar… Read More
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Posted: April 21, 2020
Written by: Elizabeth WolsteinDo State Shut-Down Orders Effect a Taking for Which the State Must Pay Just Compensation?
SSD partner Elizabeth Wolstein discusses possible Fifth and Fourteenth-Amendment implications of bus… Read More
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Posted: April 20, 2020
Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial
On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Dar… Read More
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Posted: April 19, 2020
Court Did Not Abuse Discretion in Dismissing Years-Old Action Without Prejudice
On April 16, 2020, the Third Department issued a decision in Green Tree Servicing LLC v. Shiow Fei J… Read More
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Posted: April 18, 2020
Party That Did Not Sign Agreement Containing Arbitration Provision Not Required to Arbitrate Dispute
On April 16, 2020, the First Department issued a decision in Matter of KPMG LLP v. Kirschner, 2020 N… Read More
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Posted: April 17, 2020
Existence of Contract Bars Claim for Equitable Indemnification
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Al… Read More
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Posted: April 16, 2020
Breach of Contract Claim Dismissed for Failure to Identify Contract Terms that Were Breached
On April 2, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in I… Read More
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Posted: April 15, 2020
Attorney Can Be Liable for Participating in a Client's Tortious Misconduct
On March 31, 2020, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
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Posted: April 14, 2020
Current Financial Crisis Likely Will Lead to Events of Default in RMBS Trusts
Unlike our usual posts, which analyze recent Commercial Division decisions, this post is written to … Read More
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Posted: April 13, 2020
GBL 349 Claim Cannot be Based on Failure to Disclose Illegal Conduct
On April 2, 2020, the Court of Appeals issued a decision in Collazo v. Netherland Prop. Assets LLC, … Read More
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Posted: April 12, 2020
Cost of Litigation Does Not Satisfy Damages Element of Tort Claim
On April 9, 2020, the First Department issued a decision in CWCapital Invs. LLC v. CWCapital Cobalt … Read More
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Posted: April 11, 2020
Court Rejects Due Diligence Defense to Fraud Claim
On April 9, 2020, the First Department issued a decision in Knox, LLC v. Lakian, 2020 NY Slip Op. 02… Read More
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Posted: April 10, 2020
Lack of Nexus to New York Weighs Heavily in Decision Granting Forum Non Conveniens Dismissal
On April 6, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New… Read More
