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Posted: March 12, 2020
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Rule 31 o… Read More
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Posted: March 11, 2020
No Cause of Action for Anticipatory Breach When Plaintiff Already is in Material Breach
On February 27, 2020, the First Department issued a decision in Rapson Invs. LLC v. 45 E. 22nd St. P… Read More
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Posted: March 10, 2020
Fiduciary With Unfettered Discretion Cannot Exercise That Discretion in Bad Faith
On February 27, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
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Posted: March 9, 2020
Individual Owner Can be Held Liable Under Veil Piercing Claim for the Torts of Owner's Company
On February 21, 2020, Justice Schecter of the New York County Commercial Division issued a decision … Read More
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Posted: March 9, 2020
S.D.N.Y Limits Courthouse Access in Response to Coronavirus
The S.D.N.Y. has issued an order limiting access to its courthouses in response to coronavirus conce… Read More
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Posted: March 8, 2020
Late-Filed Motion to Amend Denied
On February 25, 2020, the First Department issued a decision in Ness Tech. SARL v. Pactera Tech. Int… Read More
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Posted: March 7, 2020
Account Holder Does Not Have Standing to Move to Quash a Subpoena for its Bank Records
On February 26, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: March 6, 2020
Third-Party's Presence Did Not Waive Attorney-Client Privilege
On March 3, 2020, the First Department issued a decision in Spicer v. GardaWorld Consulting (UK) Ltd… Read More
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Posted: March 5, 2020
New York Court Had Jurisdiction to Decide Derivative Claims Despite Operating Agreement's Delaware Choice of Law Clause
On March 3, 2020, the First Department issued a decision in Favourite Ltd. v. Cico, 2020 NY Slip Op.… Read More
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Posted: March 4, 2020
Claim for Contrauctive Fraudulent Conveyance Does not Require Allegations of Scienter
On February 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
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Posted: March 3, 2020
Employees' E-mails With Counsel Sent on Employer's Computer System Not Privileged
On February 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: March 2, 2020
Court Declines to Vacate Judgment Based on the "Injustice" of Applying Federal Law in State Court
On February 6, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: March 1, 2020
Commercial Tenant Claiming Constructive Eviction Liable for Rent Because it Remained in Possession of the Leased Premises
On February 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: February 29, 2020
Merger Clause Defeats Fraudulent Inducement Claim
On February 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
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Posted: February 28, 2020
Material Misrepresentation Justified Rescission of Agreement
On February 18, 2020, the First Department issued a decision in Sabby Healthcare Master Fund Ltd. v.… Read More
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Posted: February 27, 2020
Firm Disqualified From Representation Because Some Members of Firm Would be Trial Witnesses
On February 11, 2020, the First Department issued a decision in Matter of Diet Drug Litig. v. Wyeth-… Read More
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Posted: February 26, 2020
Dismissal Based on Excluded Evidence Insufficient Basis for Malicious Prosecution Claim
On February 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
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Posted: February 25, 2020
Plaintiff Not Entitled to Summary Judgment on Guaranty When it Could Not Be Authenticated by a Disinterested Witness
On February 13, 2020, the First Department issued a decision in Galpern v. Air Chefs, L.L.C., 2020 N… Read More
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Posted: February 24, 2020
Transcripts and Videos of Arguments in the Court of Appeals for February 2020 Now Available
On January 31, 2020, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
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Posted: February 23, 2020
Court Denies 3211(a)(1) Motion to Dismiss Based on E-mails
On February 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More
