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Posted: April 9, 2020
Judiciary Law 487 Does Not Cover Non-Meritorious Legal Arguments
On March 31, 2020, the Court of Appeals issued a decision in Bill Birds, Inc. v. Stein Law Firm, P.C… Read More
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Posted: April 7, 2020
Court Upholds Claim Seeking Constructive Trust
On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. … Read More
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Posted: April 6, 2020
Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action
On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Ca… Read More
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Posted: April 5, 2020
Court Erred by Weighing Conflicting Evidence in Deciding Motion for Directed Verdict
On March 25, 2020, the Second Department issued a decision in Boriello v. Loconte, 2020 NY Slip Op. … Read More
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Posted: April 4, 2020
Decision in Derivative Action by Different Shareholder Has Res Judicata Effect on Later Suit by Different Shareholder
On March 18, 2020, the Second Department issued a decision in Noor v. Mahmood, 2020 NY Slip Op. 0192… Read More
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Posted: April 3, 2020
Unilateral Mistake Claim Fails in the Absence of Allegations of Fraud or Other Wrongdoing
On March 19, 2020, the First Department issued a decision in Quattro Parent LLC v. Rakib, 2020 NY Sl… Read More
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Posted: April 2, 2020
Court of Appeals Strikes Down Part of Rent Control Law on Due Process Grounds
On April 2, 2020, the Court of Appeals issued a decision in Matter of Regina Metro. Co., LLC v. New … Read More
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Posted: April 2, 2020
New York Courts Clarify E-Filing Rules for Essential Matters
The New York State courts have issued guidance and a new form relating to the filing of papers in es… Read More
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Posted: April 2, 2020
Court Grants Forum Non Conveniens Motion Based on Parties' Limited Connection to New York
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in BSR… Read More
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Posted: April 1, 2020
Substantial Completion of Contractual Duties Can Bar Termination for Breach
On March 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in McC… Read More
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Posted: March 31, 2020
SDNY and EDNY Further Limit Operations in Face of Coronavirus Crisis
The focus of this blog is the Commercial Division of the New York state courts. Still, many of our … Read More
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Posted: March 31, 2020
Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim
On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: March 30, 2020
Statute of Repose Bars Securities Act Claims
On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
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Posted: March 29, 2020
Securities Act Claims Based on Negligence Do Not Have to be Plead in Detail Under CPLR 3106
On March 9, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mat… Read More
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Posted: March 28, 2020
Defendant Could Not Terminate Contractor Without Providing Contractually-Required Notice and Opportunity to Cure
On March 3, 2020, Justice Schecter of the New York County Commercial Division issued a decision in F… Read More
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Posted: March 27, 2020
Fraud Claim Regarding Company's Legal Status Fails for Lack of Due Diligence; Status Was Available to Public on Government Website
On March 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in N… Read More
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Posted: March 26, 2020
Absolute Privilege Applies to Contractual Non-Disparagement Clauses
On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mal… Read More
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Posted: March 25, 2020
That Counsel Might Have Relevant Evidence is Insufficient to Create At-Issue Privilege Waiver
On March 3, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: March 24, 2020
Borrowing Statute Requires Use Not Just of Foreign State's Statute of Limitations But Also its Tolling Rules
On March 4, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in E… Read More
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Posted: March 23, 2020
Upcoming Arguments in the Court of Appeals in April 2020
UPDATE: On April 6, 2020, the Court of Appeals cancelled arguments for the May/June session. Upcomin… Read More
