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Posted: January 9, 2020
Questions of Fact Regarding Defendant's Alleged Misconduct Precluded Dismissal Based on Construction Contract's No Damages for Delay Clause
On December 26, 2019, the First Department issued a decision in Tyrek Hgts. Erectors, Inc. v. WDF, I… Read More
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Posted: January 8, 2020
That Court Signed OSC Does Not Mean that Motion Was Not Frivolous
On December 19, 2019, the First Department issued a decision in Matter of Citigroup Global Mkts., In… Read More
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Posted: January 7, 2020
Judgment Creditor Did Not Create Lien on Debtor's Property Because Debtor's Name Was Misspelled
On December 18, 2019, the Second Department issued a decision in Matter of Fischer v. Chabbott, 2019… Read More
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Posted: January 6, 2020
PRESUMPTIVE ADR IN NEW YORK COURTS
The information below is from the City Bar Association regarding a program on the Chief Judge's pres… Read More
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Posted: January 6, 2020
Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach
On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 U… Read More
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Posted: January 5, 2020
Foreign Judgment Takes Precedence over Settlement Agreement That the Judgment Enforced
On December 24, 2019, the Second Department issued a decision in Bernardo v. Ramos, 2019 NY Slip Op.… Read More
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Posted: January 4, 2020
Defendant's Incarceration Not Reasonable Excuse for Default When Defendant Was Represented by Counsel
On December 19, 2019, the First Department issued a decision in Matter of Wimbledon Fin. Master Fund… Read More
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Posted: January 3, 2020
Defendant that Engaged in Wrongdoing Not Entitled to Common Law Indemnification
On December 20, 2019, the Fourth Department issued a decision in Board of Educ. of Palmyra-Macedon C… Read More
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Posted: January 2, 2020
Corporate Officer May be Held Liable for Corporation's Tort in Which the Officer Participated
On December 20, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust … Read More
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Posted: January 1, 2020
Justice Colaiacovo Updates Part Rules
Justice Emilio Colaiacovo of the Eighth Judicial District Commercial Division recently updated his i… Read More
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Posted: December 31, 2019
Claim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative of Breach of Contract Claim
On December 13, 2019, Justice Sherwood of the New York County Division issued a decision in Citigrou… Read More
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Posted: December 30, 2019
Justice Karalunas Updates Part Rules
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individ… Read More
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Posted: December 29, 2019
Documents Prepared for Uses Other Than Litigation Cannot be Withheld for Production Even if They Also Were Prepared in Anticipation of Litigation
On December 20, 2019, the Fourth Department issued a decision in John Mezzalingua Assoc., LLC v. Tra… Read More
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Posted: December 28, 2019
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: December 27, 2019
That Loan Was Made from the Proceeds of Illegal Gambling Does Not Make Loan Contract Unenforceable
On December 19, 2019, the Court of Appeals issued a decision in Centi v. McGillin, 2019 NY Slip Op. … Read More
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Posted: December 26, 2019
Court Analyzes Successor Liability Under the De Facto Merger Doctrine
On December 13, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
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Posted: December 25, 2019
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 Commercia… Read More
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Posted: December 24, 2019
Interlocutory Arbitral Awards Not Subject to Judicial Review
On December 12, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dwo… Read More
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Posted: December 23, 2019
Trial Court Properly Declined to Decide Issue of Reasonable Reliance on Summary Judgment
On December 17, 2019, the First Department issued a decision in Norddeutsche Landesbank Girozentrale… Read More
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Posted: December 22, 2019
New York Court Lacked Jurisdiction to Enjoin Sale of Real Estate in Another State
On December 17, 2019, the First Department issued a decision in Clark Tower, LLC v. Wells Fargo Bank… Read More
