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Posted: January 30, 2020
Statute of Frauds Does Not Apply to Oral Contract to Create a Joint Venture
On January 17, 2020, Justice Cohen of the New York County Commercial Division issued a decision in L… Read More
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Posted: January 29, 2020
Not All Misconduct Can Support an In Pari Delicto Defense
On January 21, 2020, the First Department issued a decision in U-Trend N.Y. Inv. L.P. v. US Suite LL… Read More
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Posted: January 28, 2020
Garnishee Liable for Transfer of Restrained Funds
On January 22, 2020, the Second Department issued a decision in Matter of Bravado Intl. Group Mercha… Read More
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Posted: January 27, 2020
First Department Endorses Sampling in RMBS Put-Back Litigation
On January 16, 2020, the First Department issued a decision in Ambac Assur. Corp. v. Countrywide Hom… Read More
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Posted: January 26, 2020
Bare Assertion of Law Office Failure Insufficient to Justify Vacating Default Judgment
On January 15, 2020, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Fis… Read More
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Posted: January 25, 2020
Plaintiff Liable for Damages Resulting from Breach of Contractual Notice and Cure Provision
On January 13, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: January 24, 2020
Discovery Sanction Reversed as Excessive
On January 14, 2020, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2… Read More
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Posted: January 23, 2020
Promissory Estoppel Claim Dismissed for Failure Adequately to Allege a Promise and Reliance
On January 14, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: January 22, 2020
Architect Not Liable to Third-Party Not Known to it When Architectural Plans Created
On January 6, 2020, Justice Masley of the New York County Commercial Division issued a decision in T… Read More
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Posted: January 21, 2020
Court Vacates Default Because Lawyer, Not Client, Was to Blame for Failure to Appear at Court Conferences
On January 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in E… Read More
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Posted: January 19, 2020
Statement That Counterclaimants Were "Scammers," "Con Artists" and "Thieves" Basis for Defamation Claim
On January 8, 2020, the Second Department issued a decision in Levy v. Nissani, 2020 NY Slip Op. 001… Read More
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Posted: January 18, 2020
Counterclaim Cannot Involve Time-Barred Claims as Set-off Unless It Arises From Same Transaction or Occurrence
On January 2, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
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Posted: January 17, 2020
E-mails and Unsigned Documents Not Documentary Evidence Under CPLR 3211(a)(1)
On December 18, 2019, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Comme… Read More
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Posted: January 16, 2020
Court Refuses to Vacate Default Judgment Despite Conclusory Assertions That Service Not Received When Defendant Admitted Being Aware of the Action
On January 2, 2020, the First Department issued a decision in Fisher v. Lewis Constr. NYC Inc., 2020… Read More
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Posted: January 15, 2020
Plaintiffs' Obligation to Perform Not Excused by Defendant's Alleged Non-Material Breaches of Agreement
On December 24, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
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Posted: January 14, 2020
Law Firm Disqualified Based on Prior Representation in a Related Matter
On December 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
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Posted: January 13, 2020
Veil Piercing Claim Rejected; Alleged Domination and Control Unrelated to Basis of Claim
On December 18, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
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Posted: January 12, 2020
Alleged Lack of Documentary Evidence Referring to an Oral Contract Insufficient Basis for Dismissing Claim Alleging Such a Contract
On December 19, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
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Posted: January 11, 2020
Three Year Statute of Limitations for Professional Malpractice Cannot be Extended by Re-characterizing Claims as Contract Claims
On December 26, 2019, the Third Department issued a decision in WSA Group, PE-PC v. DKI Eng'g & … Read More
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Posted: January 10, 2020
Fraud Claim Dismissed; Plaintiff's Reliance on Alleged Misrepresentations was Unreasonable Due to Plaintiff's Failure to Exercise Due Diligence
On December 26, 2019, the First Department issued a decision in Unique Goals Intl., Ltd. v. Finskiy,… Read More
