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Posted: May 22, 2019
Being Listed on the NYSE Insufficient to Confer Personal Jurisdiction
On May 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: May 21, 2019
Court Rejects Economic Duress Claim
On May 6, 2019, Justice Masley of the New York County Commercial Division issued a decision in Kaye… Read More
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Posted: May 20, 2019
Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 51… Read More
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Posted: May 19, 2019
Based on FINRA Rules, Court Declines to Order Class Action Arbitration
On May 15, 2019, the Second Department issued a decision in Rutella v. National Sec. Corp., 2019 NY … Read More
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Posted: May 18, 2019
Party Asserting Lack of Service as an Affirmative Defense Must Move for Judgment on that Defense Within 60 Days of Answering
On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op… Read More
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Posted: May 17, 2019
Where Company Lacked a Principal Place of Business in Any One State, its Residence For Purposes of the Borrowing Statute Was Its State of Incorporation
On May 9, 2019, the First Department issued a decision in Interventure 77 Hudson LLC v. Falcon Real… Read More
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Posted: May 16, 2019
Court Appoints Receiver to Perform Long-Delayed Winding Up
On April 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision in T… Read More
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Posted: May 15, 2019
Joining Co-Defendants' Motion to Dismiss Tolled Party's Time to Answer
On May 2, 2019, the First Department issued a decision in Levine v Singal, 2019 NY Slip Op. 03438, … Read More
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Posted: May 14, 2019
Disclaimers Protect Publisher From Liability for Alleged Inaccuracies in Treatise
On May 2, 2019, the First Department issued a decision in Himmelstein, McConnell, Gribben, Donoghue… Read More
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Posted: May 13, 2019
List of Witnesses to be Interviewed Not Privileged
On May 2, 2019, the First Department issued a decision in Gottwald v. Sebert, 2019 NY Slip Op. 0347… Read More
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Posted: May 12, 2019
Fraud in the Inducement Claim Not Duplicative of Breach of Contract Claim
On May 1, 2019, the Second Department issued a decision in 260 Mamaroneck Ave., LLC v. Guaraglia, 2… Read More
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Posted: May 11, 2019
Unjust Enrichment Claim Dismissed for Failure to Aledge How the Defendant Was Unjustly Enriched
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ta… Read More
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Posted: May 10, 2019
Justice Platkin Analyzes Enforcement of Forum Selection Clauses
On April 17, 2019, Justice Platkin of the Albany County Commercial division issued a decision in New… Read More
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Posted: May 9, 2019
Contract Term Waiving Right to Seek Yellowstone Injunction Enforceable
On May 7, 2019, the Court of Appeals issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 20… Read More
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Posted: May 7, 2019
Fraudulent Inducement Counterclaim Dismissed for Failure to Allege Out-of-Pocket Damages
On April 12, 2019, Justice Ostrager of the New York County Commercial Division issued a decision inÂ… Read More
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Posted: May 6, 2019
Arbitrator, Not Court, to Decide if Provision of Contract Unenforceable as a Matter of New York Public Policy
On April 22, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: May 5, 2019
Defendant Waives Standing Defense By Failing to Raise it in Answer or Motion to Dismiss
On March 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Fra… Read More
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Posted: April 30, 2019
Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution
On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip … Read More
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Posted: April 29, 2019
Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity
On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip … Read More
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Posted: April 28, 2019
Court Upholds Unfair Competition Claim Based on Theft of Trade Secrets
On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in We… Read More
