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Posted: November 29, 2019
Alleged Poor Administration or Planning Insufficient to Bar Defendant's Reliance on No Damages for Delay Clause
On November 19, 2019, the First Department issued a decision in WDF Inc. v Turner Constr. Co., 2019 … Read More
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Posted: November 28, 2019
Liability for Aiding and Abetting Requires Affirmative Acts, Not Acquiescence
On November 20, 2019, the Second Department issued a decision in Land v. Forgione, 2019 NY Slip Op. … Read More
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Posted: November 27, 2019
Retaliation Claims Barred by Noerr-Pennington Doctrine
On November 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: November 26, 2019
Discharge in Bankruptcy did not Automatically Accelerate Mortgage Debt, Affecting Statute of Limitations
On November 15, 2019, the Fourth Department issued a decision in Wilmington Sav. Fund Socy., FSB v. … Read More
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Posted: November 25, 2019
Whether Non-Signatory of Arbitration Provision Bound By it is Question for Court, Not Arbitrator
On November 14, 2019, the First Department issued a decision in Matter of 215-219 W. 28th St. Mazal … Read More
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Posted: November 24, 2019
Counsel Sanctioned for Bringing Frivolous Action
On November 13, 2019, Justice Garguillo of the Suffolk County Commercial Division issued a decision … Read More
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Posted: November 23, 2019
Derivative Claims Allowed to go Forward; Demand Futility was Properly Alleged
On November 13, 2019, the Second Department issued a decision in Guzman v. Kordonsky, 2019 NY Slip O… Read More
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Posted: November 22, 2019
Court Should Have Granted Source Code Attorneys' Eyes Only Protection
On November 12, 2019, the First Department issued a decision in BEC Capital, LLC v. Bistrovic, 2019 … Read More
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Posted: November 21, 2019
Open Repudiation Toll Doctrine Inapplicable to Claim for Money Damages for a Breach of Fiduciary Duty
On November 14, 2019, the First Department issued a decision in Matter of Yin Shin Leung Charitable … Read More
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Posted: November 20, 2019
Contract Term Allowing Defendant to Act in its Reasonable Judgment Required Defendant to Have a Reasonable Basis for its Actions
On November 8, 2019, the Fourth Department issued a decision in Scheer v Elam Sand & Gravel Corp… Read More
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Posted: November 19, 2019
Moving to Dismiss for Failure to Serve Complaint Does Not Waive Right Later to Move to Dismiss for Lack of Jurisdiction
On October 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: November 18, 2019
Written Contract's Merger Clause Does Not Bar Parol Evidence Regarding an Alleged Agreement When Alleged Agreement was Collateral to the Written Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: November 17, 2019
Plaintiff Cannot Save Time-Barred Legal Malpractice Claims by Re-Characterizing Them as Fraud Claims
On November 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: November 16, 2019
Aiding and Abetting Fraud Claim Fails for Lack of Evidence of Substantial Assistance
On October 29, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: November 15, 2019
CLE Program: Practicing in NYS Supreme Court (Part 2)
On November 20, 2019, Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at th… Read More
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Posted: November 15, 2019
Non-Appealing Defendants Entitled to Benefit of Appealing Defendant's Successful Appeal
On September 6, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Gl… Read More
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Posted: November 14, 2019
Conversion Claim Based on Alleged Right to Receive Shares Dismissed
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: November 13, 2019
CLE Program: Practicing in NYS Supreme Court
On November 13, 2019 , Schlam Stone & Dolan partner John Lundin will co-chair a CLE program at t… Read More
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Posted: November 13, 2019
Allegations Fail to Establish that Plaintiff Was Third-Party Beneficiary of Contract
On October 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: November 12, 2019
Contract Claim Barred by Voluntary Payment Doctrine
On October 30, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
