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Posted: October 5, 2019
Default Judgment Denied Due to Failure to Prove Damages; Plaintiff Allowed to Take Discovery and Renew Motion
On September 27, 2019, Justice Schecter of the New York County Commercial Division issued a decision… Read More
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Posted: October 4, 2019
Action is Not First Filed Action for CPLR 3211(a)(4) Purposes if Summons With Notice is Not Followed by Complaint
On September 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
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Posted: October 2, 2019
Court Dismisses Conversion Claim Based on Copying Electronic Files
On September 19, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in… Read More
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Posted: October 1, 2019
Defendant's Acknowledgement of Existence of Oral Contract Defeats Statute of Frauds Defense
On September 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
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Posted: September 30, 2019
Defendant Fails to Provide Adequate Basis for Vacating Default
On September 25, 2019, the Second Department issued a decision in Redbridge Bedford, LLC v 159 N. 3r… Read More
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Posted: September 28, 2019
Tenant Could Not Bring and Then Consolidate Two Actions to Avoid No Counterclaims Provision in Lease
On September 20, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
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Posted: September 27, 2019
Yellowstone Injunction Denied Because Failure to Have Insurance Was Not Curable
On September 12, 2019. Justice Borrok of the New York County Commercial Division issued a decision i… Read More
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Posted: September 26, 2019
Lender - Borrower Relationship Does Not Give Rise to Fiduciary Duty
On September 11, 2019, Justice Cohen of the New York County Commercial Division issued a decision in… Read More
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Posted: September 25, 2019
Corporate Officer Liable for Business Tort Only to Extent of Personal Participation in and Knowledge of It
On September 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
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Posted: September 24, 2019
Additional Notices of Claim Related Back to Original Summons With Notice
On September 17, 2019, the First Department issued a decision in HSBC Bank USA v. Merrill Lynch Mtge… Read More
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Posted: September 23, 2019
First Department Recognizes Narrow Exception to Rule that Privilege Rules Applied to Evidence Are Those of Forum in Which Evidence Will Be Used
On September 17, 2019, the First Department issued a decision in Ambac Assur. Corp. v. Nomura Credit… Read More
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Posted: September 22, 2019
Senior Lender Did Not Have Special Duty to Subordinated Junior Lender
On September 9, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
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Posted: September 21, 2019
Court Erred in Vacating Default When There Was No Reasonable Excuse for the Default
On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY… Read More
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Posted: September 20, 2019
Shareholder Agreement Provision Requiring Shareholders and Corporation to Agree on Shareholder's Compensation Unenforceably Vague
On September 11, 2019, the Second Department issued a decision in Osborne v. Williamson Law Book Co.… Read More
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Posted: September 19, 2019
First Department Approves Sampling in RMBS Actions
On September 17, 2019, the First Department issued a decision in Home Equity Mtge. Trust Series 2006… Read More
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Posted: September 18, 2019
Dismissal of Foreclosure Action for Failure to Prosecute Vacated
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2… Read More
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Posted: September 17, 2019
Account Stated Claim Cannot Create Liability Where None Exists
On September 10, 2019, the First Department issued a decision in Cushman & Wakefield, Inc. v. Ka… Read More
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Posted: September 16, 2019
General Obligations Law 5-1402 Bars Forum Non Conveniens Motion
On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
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Posted: September 14, 2019
Initial Consultation Insufficient to Justify Counsel's Disqualification on Conflict Grounds
On September 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in… Read More
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Posted: September 13, 2019
Bank Holding Company Not Liable for Acts of its Banking Subsidiary
On September 5, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
