-
Posted: December 21, 2019
Claims Found to Have Been Timely Asserted in Initial Complaint That Never Was Served Because of Lack of Objection
On December 17, 2019, the Court of Appeals issued a decision in Vanyo v. Buffalo Police Benevolent A… Read More
-
Posted: December 20, 2019
First Department Upholds Forum Non Conveniens Dismissal
On December 12, 2019, the First Department issued a decision in JTS Trading Ltd. v. Asesores, 2019 N… Read More
-
Posted: December 18, 2019
No Cause of Action for Loss of Prospective Economic Advantage
On October 31, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Pat… Read More
-
Posted: December 17, 2019
Trespass Claim Dismissed; Alleged Trespass was Required by Law
On December 10, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
-
Posted: December 15, 2019
Parties Bound by Unsigned Contract
On December 3, 2019, the First Department issued a decision in Lerner v. Newmark & Co. Real Esta… Read More
-
Posted: December 14, 2019
New York Action Properly Stayed in Favor of Prior Pending Action in New Jersey
On December 5, 2019, the First Department issued a decision in Dietz v. Linde Gas N. Am., LLC, 2019 … Read More
-
Posted: December 13, 2019
Quantum Meruit Claim Barred by Contract Covering Same Subject Matter Even Though Defendant Was Not Signatory
On December 5, 2019, the First Department issued a decision in J.T. Magen & Co., Inc. v. Nissan … Read More
-
Posted: December 12, 2019
Discovery on Defendant's Motive for Breaching Contract Denied
On December 3, 2019, the First Department issued a decision in Bersin Props., LLC v. Nomura Credit &… Read More
-
Posted: December 11, 2019
Court Refuses to Stay Securities Class Action in Favor of Later-Filed Federal Class Action
On November 25, 2019, Justice Schecter of the New York County Commercial Division issued a decision … Read More
-
Posted: December 10, 2019
Privilege Determined by Law of Location of Trial or of Proceeding Seeking Discovery
On November 27, 2019, the Second Department issued a decision in Askari v. McDermott, Will & Eme… Read More
-
Posted: December 9, 2019
Striking Answer and Dismissal of Counterclaims as Discovery Sanction Upheld
On November 27, 2019, the Second Department issued a decision in Sparakis v. Gozzer Corp., 2019 NY S… Read More
-
Posted: December 8, 2019
Plaintiff Prevails at Traverse Despite Process Server's Absence
On November 21, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
-
Posted: December 7, 2019
Counsel Disqualified from Representing LLC and its Members
On November 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
-
Posted: December 6, 2019
Statue of Limitations for Action Brought by Trustee is Based on the Trustee's Residence
On November 25, 2019, Justice Fahey of the Court of Appeals issued a decision in Deutsche Bank Natl.… Read More
-
Posted: December 5, 2019
Directing RMBS Certificateholder Not "Effective" Plaintiff Causing Suit to Fail for Lack of Standing Under PSA's No Action Clause
On November 21, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More
-
Posted: December 4, 2019
Court Refuses to Consolidate Cases in Significantly Different Procedural Postures
On November 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
-
Posted: December 3, 2019
Court Grants Preliminary Injunction Enforcing Restrictive Covenants Pending Trial
On November 26, 2019, the First Department issued a decision in UAH-Mayfair Mgt. Group LLC v. Clark,… Read More
-
Posted: December 2, 2019
Court Looks to Substance of Agreement, Not How it is Styled, in Upholding Usury Claim
On November 19, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in McNi… Read More
-
Posted: December 1, 2019
Summons with Notice Provided Sufficient Notice to Satisfy Statute of Limitations
On November 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
-
Posted: November 30, 2019
Trustee Cannot Rely on CPLR 205 Relation Back When Trust Beneficiary, Not Trustee, Initially Brought Suit
On November 19, 2019, the First Department issued a decision in US Bank N.A. v. UBS Real Estate Sec.… Read More
