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Posted: March 22, 2020
New York Courts Prohibit Filings in Non-Essential Matters
On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no lon… Read More
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Posted: March 22, 2020
Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord
On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
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Posted: March 21, 2020
New York Tolls Statue of Limitations for 30 Days
On March 20, 2020, New York Governor Andrew Cuomo issued an Executive Order tolling statutes of limi… Read More
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Posted: March 21, 2020
Conflict Not Disqualifying When Prior Representation Unrelated to Current One
On March 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sho… Read More
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Posted: March 20, 2020
Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304
On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit … Read More
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Posted: March 19, 2020
New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak
On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the… Read More
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Posted: March 19, 2020
State Courts in Manhattan Further Restrict Operations
Today, the New York state courts in New York County (Manhattan) announced further limitations to the… Read More
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Posted: March 19, 2020
Justices Schecter and Masley Announce Procedures Relating to COVID-19
New York County Commercial Division Justices Schecter and Masley have announced new part rules relat… Read More
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Posted: March 19, 2020
Forum Non Conveniens Dismissal Upheld on Appeal
On February 25, 2020, the First Department issued a decision in Al Rushaid Parker Drilling Ltd. v. B… Read More
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Posted: March 18, 2020
We are Open For Business (Just not in the Office)
We hope that all are well in these chaotic times. We want everyone to know that while our offices ar… Read More
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Posted: March 18, 2020
Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
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Posted: March 18, 2020
First and Second Departments Suspend Deadlines
The First and Second Departments have announced that they are suspending most deadlines. They have p… Read More
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Posted: March 18, 2020
Defamation Claim Cannot Be Based on Expressions of Opinion
On February 25, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: March 17, 2020
Labor Law 193 Does Not Apply to Wholesale Withholding of Pay
On February 21, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: March 16, 2020
Upcoming Arguments in the Court of Appeals in March 2020
Upcoming argument in the Court of Appeals in March 2020 that may be of interest to commercial litiga… Read More
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Posted: March 16, 2020
New York Courts Further Restrict Operations in Response to Coronavirus
Following up on his March 13 memo announcing some limitations on operations in the New York state co… Read More
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Posted: March 15, 2020
Securities Act Sections 11 and 12 Claims in State Court Not Required to be Plead with Particularity
On February 26, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: March 14, 2020
Expiration of Statute of Limitations Supports Grant of Motion to Extend Time to Serve
On February 26, 2020, the Second Department issued a decision in BAC Home Loans Servicing, L.P. v. H… Read More
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Posted: March 13, 2020
New York State Courts Cancel Jury Trials, Impose Other Limitations in Response to Coronavirus
As other courts have done, the New York state courts have implemented procedures limiting courthouse… Read More
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Posted: March 13, 2020
Appointment of Separate Counsel Intervening Cause Defeating Malpractice Claim
On February 25, 2020, the First Department issued a decision in Binn v. Muchnick, Golieb & Golie… Read More