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Posted: February 25, 2019
Court Appoints Temporary Receiver Over Deadlocked Corporation
On January 31, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in M… Read More
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Posted: February 24, 2019
Lack of Consideration Defense Even to Unconditional Guaranty
On February 19, 2019, the First Department issued a decision in Moon 170 Mercer, Inc. v. Vella, 20… Read More
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Posted: February 23, 2019
Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee
On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 … Read More
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Posted: February 22, 2019
RMBS Trustee's Failure to Give With Notice to Cure Within Limitations Period Does Not Bar Trustee from Curing Failure and Refiling Suit
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
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Posted: February 21, 2019
Fraud Claim Not Duplicative of Contract Claim Because it Was Alleged Misrepresentation Made Before Contract and Was Collateral to It
On February 5, 2019, the First Department issued a decision in Dynamic-Hakim, LLC v. Maloney, 2019 … Read More
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Posted: February 20, 2019
RMBS Trustee's Untimely-Filed Complaint Cannot Relate Back to Certificateholder's Suit on Behalf of Trust, Which Was Barred by Trust's No Action Clause
On February 19, 2019, the Court of Appeals issued a decision in U.S. Bank Natl. Assn. v. DLJ Mtge. C… Read More
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Posted: February 19, 2019
Trade Secret Misappropriation Claim Dismissed for Failure Adequately to Describe the Alleged Trade Secrets
On February 5, 2019, the First Department issued a decision in Schroeder v. Cohen, 2019 NY Slip Op.… Read More
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Posted: February 18, 2019
Even Though Home Improvement Contract Was Unenforceable for Failure to Provide Required Notice, Plaintiff Still Could Recover Value of Work Performed
On February 8, 2019, the Fourth Department issued a decision in Weiss v. Zellar Homes, Ltd., 2019 N… Read More
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Posted: February 17, 2019
Fraud Claim Dismissed for Failure to Show Out-of-Pocket Damages
On February 8, 2019, the Fourth Department issued a decision in Southwestern Invs. Group, LLC v. JH … Read More
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Posted: February 16, 2019
Prompt Payment Act's Arbitration Provisions Make Contract's Agreement to Litigate Disputes Covered by the Act Unenforceable
On January 30, 2019, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
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Posted: February 15, 2019
Mechanic's Lien Unenforceable Because it Was Not Timely Filed
On January 28, 2019, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
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Posted: February 14, 2019
A Lawyer's Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More
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Posted: February 13, 2019
Account Stated Claim Fails Without Evidence that Defendant Received Invoices and Did Not Object Within a Reasonable Time
On December 4, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Si… Read More
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Posted: February 12, 2019
Third-Party Complaint Improper When Third-Party Defendants Not Liable for all or Part of Plaintiff's Claims Against Defendant
On December 12, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Ru… Read More
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Posted: February 12, 2019
Conspiracy to Breach Fiduciary Duty Claim Properly Dismissed for Failure to Allege Facts Relating to Acts in Support of Conspiracy
On February 1, 2019, the Fourth Department issued a decision in Cohen & Lombardo, P.C. v. Conno… Read More
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Posted: February 11, 2019
Letter of Intent Binding Contract Requiring Parties to Negotiate and Consummate Sale Transaction
On January 28, 2019, Justice Ash of the Kings County Commercial Division issued a decision in A.J. … Read More
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Posted: February 10, 2019
Plaintiff Allowed to Correct Caption When It Mistakenly Sued Under Incorrect Name
On January 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: February 9, 2019
Justices Scarpulla and Schecter Updates Part Rules
Justices Saliann Scarpulla and Jennifer Schecter of the New York County Commercial Division recently… Read More
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Posted: February 8, 2019
Causes of Action for Books and Records Inspection Dismissed for Lack of Business Purpose
On January 31, 2019, the First Department issued a decision in Austin v. Gould, 2019 NY Slip Op. 00… Read More
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Posted: February 7, 2019
Mixed Result Meant that Neither Plaintiff Nor Defendant Was Prevailing Party for Award of Attorneys' Fees Purposes
On January 31, 2019, the First Department issued a decision in Blue Sage Capital, L.P. v. Alfa Lava… Read More
