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Posted: June 15, 2019
Remedy for Motion Court's Refusal to Sign Order to Show Cause is Appeal, Not Re-submission to a Different Judge
On June 12, 2019, the Second Department issued a decision in Cypress Hills Mgt., Inc. v. Lempenski, … Read More
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Posted: June 14, 2019
Continuous Representation Doctrine Allegations Insufficient to Save Professional Malpractice Claims
On June 3, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in B… Read More
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Posted: June 13, 2019
Court Should Have Vacated Note of Issue Where Discovery Not Complete
On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng'g &a… Read More
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Posted: June 13, 2019
Apparent Authority Created by Acts of the Principal, Not the Agent
On April 16, 2019, Justice Grays of the Queens County Commercial Division issued a decision in 45-34… Read More
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Posted: June 12, 2019
Court Refused to Void Contract Because of Economic Duress
On June 4, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Sn… Read More
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Posted: June 11, 2019
Public Policy Does Not Bar Indemnification for Prior Criminal Acts
On June 3, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Ar… Read More
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Posted: June 10, 2019
Trademark Cannot be the Subject of a Conversion Claim
On May 30, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kim … Read More
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Posted: June 9, 2019
Appellants Who Were Not Parties to Arbitration Waived Right to Challenge Award
On June 6, 2019, the First Department issued a decision in Matter of Capital Enters. Co. v. Dworman,… Read More
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Posted: June 8, 2019
Despite Alleged Participation of New York Parties in Fraud, New York Found to be Inconvenient Forum
On June 4, 2019, the First Department issued a decision in Rodionov v Redfern, 2019 NY Slip Op. 0432… Read More
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Posted: June 7, 2019
Tortious Interference Claim Fails When Defendants' Actions Motivated by Self-Interest and Other Economic Considerations
On June 5, 2019, the Second Department issued a decision in 255 Butler Assoc., LLC v. 255 Butler, LL… Read More
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Posted: June 6, 2019
Arbitration Clause in Law Firm Engagement Letter Covers Dispute With Client Arising After Engagement Ended
On May 23, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Guo W… Read More
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Posted: June 5, 2019
Action Properly Dismissed in Favor of Prior Pending Action
On May 29, 2019, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Luxama, 201… Read More
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Posted: June 3, 2019
Defendant Fails to Overcome Presumption of Proper Service
On May 29, 2019, the Second Department issued a decision in Wells Fargo Bank, NA v. Burshstein, 2019… Read More
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Posted: June 2, 2019
Non-Party May Appeal if it is Aggrieved By the Order Appealed From
On May 30, 2019, the First Department issued a decision in Mutual Benefits Offshore Fund, Ltd. v. Ze… Read More
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Posted: June 1, 2019
Landlord Changing Locks Constitutes Eviction
On May 30, 2019, the First Department issued a decision in Mauray Realty Co. v. Advantage Plastics, … Read More
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Posted: May 29, 2019
Agreement for a Referral Fee for Sale of Company's Shares Inapplicable to Sale of Company's Assets
On May 28, 2910, the First Department issued a decision in Sassoon v. CDx Diagnostics, Inc., 2019 NY… Read More
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Posted: May 27, 2019
Court Dismisses Claims, Enforcing No Damages for Delay Clause
On May 23, 2019, the First Department issued a decision in Welsbach Elec. Corp. v. Judlau Contr., In… Read More
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Posted: May 26, 2019
Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission
On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 040… Read More
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Posted: May 24, 2019
Court Excuses Late Filing of Affidavit of Service
On May 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Fur… Read More
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Posted: May 23, 2019
Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Stea… Read More
