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Posted: October 24, 2019
Loans Not Identified in Timely RMBS Putback Notice Still Subject to Putback Based on Later Notices, Which Related Back to First Notice
On October 10, 2019, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mtge. Capital, … Read More
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Posted: October 23, 2019
Court Analyzes Adverse Interest Exception to in Pari Delicto Defense
On October 10, 2019, the First Department issued a decision in Conway v. Marcum & Kliegman LLP, … Read More
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Posted: October 22, 2019
Plaintiff Waives Jury Trial Against all Defendants by Seeking Non-Incidental Equitable Claim Against one Defendant
On October 8, 2019, the First Department issued a decision in Errant Gene Therapeutics, LLC v. Sloan… Read More
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Posted: October 21, 2019
Oral Joint Venture Agreement Barred by Statute of Frauds
On October 7, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: October 20, 2019
Constructive Eviction Suspends Obligation to Pay Rent
On October 8, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in B… Read More
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Posted: October 19, 2019
Commercial Reasonableness of Creditor's Auction Disposing of Collateral Created Issue of Fact Regarding Damages
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
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Posted: October 18, 2019
Text Relating to Negotiation of Agreement Is Not A Binding Agreement
On October 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in R… Read More
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Posted: October 17, 2019
Upcoming Arguments in the Court of Appeals in October 2019
Upcoming argument in the Court of Appeals in October 2019 that may be of interest to commercial liti… Read More
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Posted: October 17, 2019
Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort
On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
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Posted: October 16, 2019
Court Erred in Awarding Damages That Were Not Proved or Requested
On October 8, 2019, the First Department issued a decision in Pastreich v. Pastreich, 2019 NY Slip O… Read More
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Posted: October 15, 2019
Plaintiff May Not Move to Amend Complaint After Complaint Has Been Dismissed
On October 1, 2019, the First Department issued a decision in Tanner v. Stack, 2019 NY Slip Op. 0703… Read More
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Posted: October 14, 2019
Faithless Servant Claim Requires Defendant to Have Acted Directly Against Employer's Interests as in Embezzlement, Improperly Competing or Usurping Business Opportunities
On October 1, 2019, the First Department issued a decision in Bluebanana Group v. Sargent, 2019 NY S… Read More
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Posted: October 13, 2019
Fraud Claim Cannot be Based on Alleged Intention Not to Perform Contract
On September 25, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: October 12, 2019
Court Dismisses Federal Securities Fraud Claims
On September 26, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: October 11, 2019
Failure to Send Regular Invoices Defeats Account Stated Claim
On September 13, 2019, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: October 10, 2019
Court Refuses to Apply Apex Doctrine to Quash Subpoena
On September 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
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Posted: October 9, 2019
Derivative and Individual Claims Based on Same Facts Cannot be Brought in Same Action
On September 23, 2019, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: October 8, 2019
Statute of Frauds Bars Claim Based on Alleged 99-Year Lease
On August 21, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Roman C… Read More
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Posted: October 7, 2019
Sale of Bond Transfers All Claims Held by Previous Owner
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
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Posted: October 6, 2019
Derivative Claims Against LLC's Non-Managing Members Dismissed
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
