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Posted: August 20, 2019
Economic Interest Defense Defeats Tortious Interference Claim
On August 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: August 19, 2019
Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary
On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
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Posted: August 18, 2019
SLUSA Stay Applies Even in State Court Actions
On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More
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Posted: August 17, 2019
Plaintiff Adequately Alleged Breach of Covenant of Good Faith and Fair Dealing Notwithstanding Clause Granting Defendant Sole Discretion in Taking Certain Action
On July 30, 2019, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
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Posted: August 16, 2019
Dismissal on Forum Non Conveniens Grounds Does Not Require the Existence of an Alternative Forum
On August 6, 2019, the First Department issued a decision in Primus Pac. Partners 1, LP v. Goldman S… Read More
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Posted: August 15, 2019
Court Declines to Award Prejudgment Interest on Unjust Enrichment Damages Award
On July 27, 2019, Justice Friedman of the New York County Commercial Division issued a decision in O… Read More
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Posted: August 14, 2019
Out-of-State Business's Failure to Register in New York Caused it to Lack Standing to Sue
On July 24, 2019 Justice Borrok of the New York County Commercial Division issued a decision in Inte… Read More
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Posted: August 12, 2019
Attorney's Notice of Appearance Has Same Effect As An Answer for Purposes of Challenging Jurisdiction
On August 7, 2019, the Second Department issued a decision in Mid-Island Mtge. Corp. v. Johnson, 201… Read More
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Posted: August 11, 2019
Court Need Not Determine Whether There is Personal Jurisdiction Before Dismissing on Forum Non Conveniens Grounds
On August 6, 2019, the First Department issued a decision in Kainer v. UBS AG, 2019 NY Slip Op. 0605… Read More
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Posted: August 10, 2019
Discovery Sanctions Denied for Failure to Explain in Detail Movant's Efforts to Resolve the Dispute
On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 20… Read More
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Posted: August 9, 2019
Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties
On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 8, 2019
Alleged Misrepresentation Regarding Future Performance Insufficient to Support Claim for Fraudulent Inducement
On July 8, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in G… Read More
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Posted: August 7, 2019
Plaintiff Can Bring Suit as Third-Party Beneficiary of Contract
On July 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in HTRF … Read More
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Posted: August 6, 2019
Law Firm Disqualified; Its Prior Representation of Opposing Party Was Substantially-Related to Current Dispute
On July 12, 2019, Justice Borrok of the New York County Commercial Division issued a decision in NL … Read More
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Posted: August 5, 2019
Malpractice Claim Dismissed as Premature Because the Harm Arising from the Alleged Malpractice Has Not Yet Occurred
On July 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Y… Read More
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Posted: August 4, 2019
Party That Fails to Close on Purchase Cannot Later Enforce Right of First Refusal
On July 15, 2019, Justice Schecter of the New York County Commercial Division issued a decision in V… Read More
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Posted: August 3, 2019
Failure Timely to Move for Default Judgment Leads to Dismissal of Claim
On July 17, 2019, the Second Department issued a decision in U.S. Bank N.A. v. White, 2019 NY Slip O… Read More
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Posted: August 2, 2019
Allegations That Complaint is Based on False Statement Basis for Judiciary Law Counterclaim
On July 9, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Gera… Read More
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Posted: August 1, 2019
Party Waived Right to Arbitrate By Asserting Claims in Litigation
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in WZ U… Read More
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Posted: July 31, 2019
Plaintiff's Delay in Bringing Suit or Exercising Other Remedies Did Not Waive Right to Sue
On July 3, 2019, Justice Schecter of the New York County Commerical Division issued a decision in Ta… Read More
