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Posted: February 6, 2019
Partnership Not Entitled to Recover Fees from Derivative Action Plaintiff When Security for Fees Not Posted
On January 31, 2019, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2019 N… Read More
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Posted: February 5, 2019
Liquidated Damages Clause Found to be Unenforceable Penalty
On January 29, 2019, the First Department issued a decision in Trustees of Columbia Univ. in the Ci… Read More
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Posted: February 4, 2019
Insurance Broker Liable for Negligence in Preparing Application
On January 25, 2019, Justice Bucaria of the Nassau County Commercial Division issued a decision in … Read More
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Posted: February 3, 2019
Upcoming Arguments in the Court of Appeals in February 2019
Upcoming argument in the Court of Appeals in February 2019 that may be of interest to commercial lit… Read More
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Posted: February 2, 2019
Second Department Affirms Jury's Lost Profits Damage Award
On January 23, 2019, the Second Department issued a decision in East Hampton Union Free Sch. Dist. … Read More
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Posted: February 1, 2019
Complaint Found to State Aiding and Abetting Fraud Claim Against Law Firm
On January 24, 2019, the First Department issued a decision in Gansett One, LLC v. Husch Blackwell, … Read More
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Posted: January 31, 2019
Failure to Serve Order to Show Cause as Directed Jurisdictional Defect
On January 23, 2019, the Second Department issued a decision in Boucan NYC Café, LLC v. 467 Rogers… Read More
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Posted: January 30, 2019
Court Imposes Constructive Trust Over Proceeds of Fraud
On January 10, 2019, Justice Ash of the Kings County Commercial Division issued a decision in Kliba… Read More
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Posted: January 29, 2019
Party That Benefited from Agreement With Arbitration Provision Bound by That Provision
On January 18, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
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Posted: January 27, 2019
Transcripts and Videos of Arguments in the Court of Appeals for January 2019 Now Available
On December 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
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Posted: January 26, 2019
Party Waived Right to Arbitrate By Suing Rather Than Moving to Compel Arbitration
On January 11, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
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Posted: January 25, 2019
Disrespectful and Disproportionate Treatment of Female Shareholder Oppression Justifying Dissolution Under BCL
On January 9, 2019, Justice Nowak of the Erie County Commercial Division issued a decision in Matter… Read More
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Posted: January 24, 2019
Undertaking Related to Injunction Released Because There Was No Finding That Plaintiff Was Not Entitled to Injunction
On January 16, 2019, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,Â… Read More
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Posted: January 23, 2019
New York Choice of Law Provision Enforceable Even Though Contract Not Connected to New York
On January 9, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: January 22, 2019
Shareholder Fails to Meet Standard for Corporate Dissolution
On January 10, 2019, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: January 21, 2019
Even Though Contract Gave the Defendant Discretion to Calculate Losses on Sale, it Was Required to Exercise That Discretion Reasonably
On January 17, 2019, the First Department issued a decision in Lehman Bros. Intl. (Europe)(in admin… Read More
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Posted: January 20, 2019
Appeal of Preliminary Injunction Moot Because Act Sought to be Enjoined Already Occurred
On January 17, 2019, the First Department issued a decision in AmBase Corp. v. Spruce Capital Partne… Read More
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Posted: January 19, 2019
Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve
On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FC… Read More
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Posted: January 18, 2019
Delay Not Fatal to Motion to Amend
On November 14, 2018, Justice Grays of the Queens County Commercial Division issued a decision in E… Read More
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Posted: January 17, 2019
Court Rejects Defense That Arbitration Agreement Was Signed Under Duress
On January 4, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
