-
Posted: April 5, 2019
Defendant Waived Defense of Lack of Jurisdiction By Engaging in Significant Activity in the Action
On March 27, 2019, the Second Department issued a decision in HSBC Bank USA, N.A. v. Taub, 2019 NY … Read More
-
Posted: April 4, 2019
That Defendant Caused Plaintiff to Breach Contract With Third Party Cannot Be Basis of Tortious Interference Claim
On March 22, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust Co… Read More
-
Posted: April 3, 2019
Court Declines to Issue Declaratory Judgment on Default; Hearing Necessary
On March 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in W… Read More
-
Posted: April 2, 2019
Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in B… Read More
-
Posted: April 1, 2019
Single, Pre-Contract, Meeting and Telephone and E-mail Communications Insufficient to Establish Personal Jurisdiction in New York
On March 18, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
-
Posted: April 1, 2019
Written by: Elizabeth WolsteinClient Q & A: Three Questions To Ask If Your Business Is Sued For Being Allegedly Inaccessible To Wheelchair Users
The explosion of website accessibility lawsuits under the Americans with Disabilities Act (“AD… Read More
-
Posted: March 31, 2019
Fraud Claim Should Not Have Been Dismissed As Duplicative of Breach of Contract Claim
On March 19, 2019, the First Department issued a decision in Ohm NYC LLC v. Times Sq. Assoc. LLC, … Read More
-
Posted: March 30, 2019
Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts
On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros… Read More
-
Posted: March 29, 2019
Questions of Fact Preclude Dismissal of Gross Negligence Claim
On March 12, 2019, the First Department issued a decision in S.A. De Obras y Servicios, COPASA v. B… Read More
-
Posted: March 28, 2019
Fraud Claim Dismissed for Failure to Allege Who Made Misrepresentation and Where, When and How it was Made
On March 12, 2019, Justice Sherwood of the New York County Commercial Division issued a decision inÂ… Read More
-
Posted: March 27, 2019
Claims Relating to Injury to LLC Permissible Direct Claims When They Also Relate to Separate Injury to Plaintiff
On March 12, 2019, Justice Schecter of the New York County Commercial Division issued a decision inÂ… Read More
-
Posted: March 26, 2019
Court Denies Motion to Dismiss Malpractice Claim Relating to Settlement Despite Plaintiff's Allocution to the Settlement Terms
On March 7, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ro… Read More
-
Posted: March 25, 2019
Once Claim on Principal is Time-Barred, Suit to Recover Post-Maturity Interest on Principal is Time-Barred as Well
On March 21, 2019, the Court of Appeals issued a decision in Ajdler v. Province of Mendoza, 2019 NY … Read More
-
Posted: March 24, 2019
Lack of Retainer Agreement Does Not Bar Counsel from Recovering For Work on Account Stated Theory
On March 12, 2019, the First Department issued a decision in Carling v. Peters, 2019 NY Slip Op. 01… Read More
-
Posted: March 23, 2019
Non-Signatories Not Bound by Agreement to Arbitrate
On February 25, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
-
Posted: March 22, 2019
Judicial Estoppel Bars Defendant From Taking Factual Position Different From That Taken in Earlier Actions or Proceedings
On February 28, 2019, Justice Platkin of the Albany County Commercial Division issued a decision inÂ… Read More
-
Posted: March 21, 2019
Contract Claim Dismissed for Lack of Damages
On February 27, 2019, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
-
Posted: March 20, 2019
Court Grants Forum Non Conveniens Motion
On February 28, 2019, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
-
Posted: March 19, 2019
Common Law Indemnification Claims Dismissed For Lack of Vicarious Liability or Fault
On March 1, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in … Read More
-
Posted: March 18, 2019
No Yellowstone Injunction Where Tenant Cannot Cure Breach of Lease
On March 5, 2019, the First Department issued a decision in Bliss World LLC v. 10 W. 57th St. Realty… Read More
