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Posted: September 11, 2019
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed rule changes. Firs… Read More
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Posted: September 10, 2019
Placing Disputed Funds in Escrow Did Not Stop Liability for Post-Judgment Interest
On September 10, 2019, the First Department issued a decision in Triadou SPV S.A. v. CF 135 Flat LLC… Read More
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Posted: September 9, 2019
Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money
On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: September 8, 2019
Court Grants Yellowstone Injunction, Noting Low Burden for Granting Such an Injunction
On July 11, 2019, Justice Livote of the Queens County Commercial Division issued a decision in US Ba… Read More
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Posted: September 7, 2019
Court Grants Mandatory Injunction Requiring Defendant to Sign Document
On June 21, 2019, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mo… Read More
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Posted: September 6, 2019
Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
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Posted: September 5, 2019
Oral Agreement to Pay Employee's Legal Fees Barred by Statute of Frauds to the Extent it Related to Future Litigation
On August 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Co… Read More
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Posted: September 4, 2019
Purchaser Had Constructive Notice of Easement Even Though Easement Was Not Indexed to Lot
On September 3, 2019, the First Department issued a decision in Akasa Holdings, LLC v. 214 Lafayette… Read More
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Posted: September 2, 2019
Where Contract Has Choice of Law Provision, Substantive Law of Chosen Jurisdiction Controls Award of Prejudgment Interest
On August 21, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: September 1, 2019
That Deadlocked Corporation Continued to Operate at a Profit Not Grounds for Refusing to Dissolve Corporation
On August 22, 2019, the Fourth Department issued a decision in Matter of Cellino v Cellino & Bar… Read More
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Posted: August 31, 2019
Filing Amended Complaint Did Not Moot Pending Motion to Dismiss
On August 22, 2019, the Fourth Department issued a decision in Paramax Corp. v. VoIP Supply, LLC, 20… Read More
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Posted: August 30, 2019
Tortious Interference Claim Dismissed on Summary Judgment for Lack of Evidence That Defendant Intended to Cause Breach
On August 22, 2019, the Fourth Department issued a decision in Transpo Bus Servs., LLC v. New York B… Read More
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Posted: August 29, 2019
Breach of Oral Contract Claim Barred by Statute of Frauds
On August 21, 2019, the Second Department issued a decision in Martin Greenfield Clothiers, Ltd. v. … Read More
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Posted: August 28, 2019
Corporate Parent Not Liable Under Plaintiff's Employment Agreement With a Subsidiary
On August 16, 2019, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
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Posted: August 27, 2019
Plaintiff That Did Not Sign Contract Lacked Standing to Bring Breach of Contract Claim
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Sp… Read More
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Posted: August 26, 2019
Court Denies Motion to Compel Because Discovery Sought Not Material and Necessary
On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in GC… Read More
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Posted: August 25, 2019
Complaint Fails Because of Insufficient Affidavit of Service
On August 21, 2019, the Second Department issued a decision in Aurora Loan Servs., LLC v. Revivo, 20… Read More
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Posted: August 24, 2019
Malpractice Claim Partially Barred by In Pari Delicto Defense
On August 21, 2019, the Second Department issued a decision in Gobindram v. Ruskin Moscou Faltischek… Read More
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Posted: August 22, 2019
Documents Not Prepared in Anticipation of Litigation Not Entitled to Work-Product Protection
On August 7, 2019, Justice Borrok of the New York County Commerical Division issued a decision in Sp… Read More
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Posted: August 21, 2019
Client's Failure Timely to Dispute Bills Entitles Law Firm to Summary Judgment on Account Stated Claim
On August 1, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Law… Read More