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Posted: January 16, 2019
Subcontractor Prevails on Lien Law Claim
On January 9, 2019, the Second Department issued a decision in C.C.C. Renovations, Inc. v. Victoria… Read More
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Posted: January 15, 2019
Court Grants Summary Judgment in Lieu of Complaint on Notes
On January 2, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: January 14, 2019
Contract Term Shortening Statute of Limitations Must Be Clear, Unambiguous, Reasonable and Fair
On December 13, 2017, Justice Paris of the Onondaga County Commercial Division issued a decision in … Read More
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Posted: January 13, 2019
Defendant Denied Dismissal of Tortious Interference Claim Based on Economic Interest Defense
On January 8, 2019, the First Department issued a decision in Normandy Real Estate Partners LLC v. … Read More
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Posted: January 12, 2019
Reassignment to Different Justice Does Not Affect Effect of Prior Justice's Rulings
On January 8, 2019, the First Department issued a decision in R&R Capital LLC v. Merritt, 2019 … Read More
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Posted: January 11, 2019
Breach of Fiduciary Duty Claim Dismissed Under Business Judgment Rule
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: January 10, 2019
Court Imposes Preclusion Sanction on Defendant for Spoliation of Evidence
On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: January 9, 2019
Questions of Fact Preclude Summary Judgment on Claim for Deletion of Work in Construction Contract
On December 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: January 8, 2019
Questions of Fact Preclude Dismissal Regarding Whether Plaintiff's Reliance on Alleged Misrepresentations Was Reasonable
On December 27, 2018, Justice Bransten of the New York County Commercial Division issued a decisionÂ… Read More
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Posted: January 7, 2019
Tortious Interference Claim Dismissed on Summary Judgment
On December 26, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: January 6, 2019
Court Erred in Dismissing GBL Section 349 Claim
On January 3, 2019, the Third Department issued a decision in Belair Care Ctr., Inc. v. Cool Insurin… Read More
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Posted: January 5, 2019
Justices Borrok and Cohen Post Part Rules
Newly-assigned New York County Commercial Division Justices Andrew Borrok and Joel M. Cohen have pos… Read More
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Posted: January 4, 2019
Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment
On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: January 3, 2019
Action Dismissed for Failure Timely to Serve Defendants
On December 17, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: January 2, 2019
Belated Complaint About Invoice Does Not Defeat Account Stated Claim
On November 1, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in … Read More
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Posted: January 1, 2019
Theft of Trade Secret Claims Dismissed Because Information Was Disclosed to the Public
On December 11, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Corp… Read More
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Posted: December 31, 2018
Memorandum of Understanding Found to be Unenforceable Agreement to Agree in the Future on Terms Rather Than Binding Contract
On December 20, 2018, the Third Department issued a decision in Doller v. Prescott, 2018 NY Slip Op… Read More
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Posted: December 30, 2018
Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier
On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance… Read More
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Posted: December 29, 2018
Written Agreement Requirement of CPLR 2104 Does Not Apply to Pre-Litigation Settlements
On November 8, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in W… Read More
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Posted: December 28, 2018
Upcoming Arguments in the Court of Appeals in January 2019
Upcoming arguments in the Court of Appeals in January 2019 that may be of interest to commercial lit… Read More
