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Posted: July 8, 2019
Policy Notices Submitted by Defendant Insurer Not 3211(a)(1) Documentary Evidence
On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. … Read More
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Posted: July 7, 2019
Court Grants Specific Performance of Contract Because of Difficulty in Enforcing Judgment on Defendants' Foreign Assets
On June 19, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
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Posted: July 6, 2019
Party Ordered to Pay Opponent's Cost of Compelling Discovery As Sanction for Failing to Obey Discovery Orders
On June 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in Bor… Read More
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Posted: July 5, 2019
Commercial Division Justice Will Not Stay First-Filed Securities Act Case in Favor of Later-Filed Action in SDNY
On June 21, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in H… Read More
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Posted: July 4, 2019
Party's Failure to State its Intent to Perform a Contract can Demonstrate Repudiation
On June 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Coo… Read More
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Posted: July 3, 2019
Conviction Relating to Bribery of Defendant Does Not Bar Suit as a Matter of Law
On June 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision in A… Read More
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Posted: July 2, 2019
Qui Tam Claim Not Subject to Particularity Requirements of CPLR 3106
On June 20, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in S… Read More
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Posted: July 1, 2019
Failure to Give Required Notice Doomed Indemnification Claim
On June 24, 2019, Justice Risi of the Queens County Commercial Division issued a decision in Quantum… Read More
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Posted: June 29, 2019
Subsequent Agreement Reducing Tenant's Rent Obligations Insufficient to Discharge Guarantor's Obligations Under Initial Contract
On June 18, 2019, the First Department issued a decision in SpringPrince, LLC v. Elie Tahari, Ltd., … Read More
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Posted: June 28, 2019
Protected Purchaser Provision of UCC 8-303 Does Not Defeat Claims
On June 18, 2019, the First Department issued a decision in Black Diamond Capital Mgt., LLC v. Oppen… Read More
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Posted: June 27, 2019
Communications Seeking Legal Advice Through Third-Parties Privileged
On June 18, 2019, the First Department issued a decision in Perella Weinberg Partners LLC v. Kramer,… Read More
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Posted: June 26, 2019
Client Can Seek to Recoup Fees Paid to Counsel that had an Alleged Conflict of Interest
On June 19, 2019, the Second Department issued a decision in Baugher v. Cullen & Dykman, LLP, 20… Read More
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Posted: June 25, 2019
Claim Barred by Election of Remedies
On June 13, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Infe… Read More
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Posted: June 24, 2019
Court Refuses to Vacate Arbitration Award for Manifest Disregard of the Law
On June 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Wern… Read More
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Posted: June 23, 2019
Non-Client Adequately Alleged Fiduciary Duty Claims Against Law Firm
On June 11, 2019, the First Department issued a decision in Devlin v. Greenberg Traurig, LLP, 2019 N… Read More
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Posted: June 22, 2019
Changing a Draft Contract Proffered by Counterparty Extinguishes Offered Contract and Represents a Counteroffer
On June 13, 2019, the First Department issued a decision in Brown v. Cerberus Capital Mgt., L.P., 20… Read More
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Posted: June 21, 2019
GBL 13 Claim for Malicious Service of Process on the Sabbath Dismissed for Lack of Allegations of Malice
On May 28, 2019 Justice Knipel of the Kings County Commercial Division issued a decision in Hargrove… Read More
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Posted: June 20, 2019
Group Pleading Renders Fraud Claim Insufficient
On June 7, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Arent… Read More
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Posted: June 19, 2019
Court Denies Default Judgment for Lack of Evidence Supporting Plaintiff's Claim
On June 6, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in St… Read More
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Posted: June 16, 2019
Justice Friedman Updates Part Rules
Justice Marcy S. Friedman of the New York County Commercial Division recently updated her individual… Read More
