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Posted: November 11, 2019
Plaintiff Cannot Sue for both Rescission and Damages for Breach of Contract
On October 21, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: November 10, 2019
Constructive Trust Upheld
On October 30, 2019, the Second Department issued a decision in Galasso, Langione & Botter, LLP … Read More
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Posted: November 9, 2019
Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: November 8, 2019
Upcoming Arguments in the Court of Appeals in November 2019
Upcoming argument in the Court of Appeals in November 2019 that may be of interest to commercial lit… Read More
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Posted: November 7, 2019
Claims Barred by Release
On October 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
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Posted: November 6, 2019
At Complaint Stage, Plaintiffs May Plead Contract and Quasi Contract Claims in the Alternative
On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in S… Read More
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Posted: November 5, 2019
CPLR 205 Relation Back Applies to Federal Claim Transferred to New York
On October 17, 2019, the First Department issued a decision in Federal Home Loan Bank of Boston v. M… Read More
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Posted: November 4, 2019
Statute of Frauds Bars Claim Based on Oral Guarantee of Rent Obligations
On October 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: November 3, 2019
Suit Stayed in Favor of Prior Pending Federal Action
On October 15, 2019, Justice Borrok of the New York County Commercial Division issued a decision iss… Read More
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Posted: November 2, 2019
Court May Not Vacate Arbitral Award Because Arbitrator Erred in Interpreting or Applying the Law
On October 24, 2019, the First Department issued a decision in Matter of Nexia Health Tech., Inc. v.… Read More
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Posted: November 1, 2019
Fraudulent Conveyance Claims Dismissed for Insufficient Allegations of Fraud
On October 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
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Posted: October 31, 2019
Tortious Interference Claim Dismissed Based on Economic Justification Defense
On October 22, 2019, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: October 30, 2019
Non-New York Statutes do not Invalidate Contracts that Chose New York Law
On October 24, 2019, the First Department issued a decision in ABB, Inc. v. Havtech, LLC, 2019 NY Sl… Read More
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Posted: October 29, 2019
Court Rejects Claim for Aiding and Abetting Fraudulent Conveyance
On October 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
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Posted: October 28, 2019
Transcripts and Videos of Arguments in the Court of Appeals for October 2019 Now Available
On October 17, 2019, we noted a case of interest from the oral arguments before the Court of Appeals… Read More
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Posted: October 28, 2019
Court Dismisses Claim for Lost Profits Damages
On October 9, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: October 27, 2019
Lack of Particularity Dooms Fraudulent Conveyance Claim
On October 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in G… Read More
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Posted: October 26, 2019
Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling
On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in… Read More
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Posted: October 25, 2019
Requiring Employees to View and Acknowledge Seeing Presentation on Mandatory Arbitration Does Not Create Binding Agreement to Arbitrate
On January 16, 2019, the Appellate Division of the Superior Court issued a decision in Skuse v, Pfiz… Read More
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Posted: October 25, 2019
Corporate Waste Claim Defeated by Business Judgment Rule
On October 9, 2019, the Second Department issued a decision in Witty v. Wallace, 2019 NY Slip Op. 07… Read More