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Posted: December 27, 2018
Court Dismisses Action, Enforcing Forum Selection Clause
On December 14, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
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Posted: December 26, 2018
Australian Bank Bill Swap Reference Rate: Was Something Underhanded Happening Down Under
This post covers the alleged underlying facts and November 26, 2018, order by United States District… Read More
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Posted: December 26, 2018
Idea Misappropriation Claims Dismissed on Summary Judgment for Lack of Novelty
On December 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: December 25, 2018
Defendant Did Not Waive Attorney-Client Privilege
On December 13, 2018, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone… Read More
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Posted: December 24, 2018
Option Unenforceable Due to Unreasonable Delay in Exercising It
On December 12, 2018, the Second Department issued a decision in Breslin v. Frankel, 2018 NY Slip O… Read More
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Posted: December 23, 2018
Court Affirms Order Dissolving Corporation Whose Shareholders Were Deadlocked
On December 12, 2018, the Second Department issued a decision in Matter of ANO, Inc. v. Goldberg, … Read More
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Posted: December 22, 2018
Court Refuses to Consider Parol Evidence in Interpreting Document Granting Easement
On December 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: December 21, 2018
Defendant Ratified Settlement Agreement By Accepting Benefits Despite Failure to Satisfy Express Condition
On December 13, 2018, the First Department issued a decision in GEM Holdco, LLC v. RDX Tech. Corp., … Read More
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Posted: December 20, 2018
Questions of Fact Preclude Summary Judgment on Mutual Mistake Claim
On December 11, 2018, the First Department issued a decision in Securitized Asset Funding 2011-2, Lt… Read More
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Posted: December 19, 2018
Discharge in Bankruptcy Does Not Accelerate Mortgage Debt
On November 19, 2018, Justice Karalunas of the Onondaga County Commercial Division issued a decision… Read More
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Posted: December 17, 2018
Contract's Liquidated Damages Clause Held to be an Unenforceable Penalty
On November 30, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: December 16, 2018
Disclaimers of Representations Not Specific Enough to Bar Fraud Claim
On November 19, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: December 15, 2018
Common-Law Indemnification Unavailable to Defendant Seeking a Recovery for its Own Wrongdoing
On November 30, 2018, Justice Sherwood of the New York County Commercial division issued a decision … Read More
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Posted: December 14, 2018
Break in Representation Bars Attempt to Toll Statute of Limitations Under Continuous Representation Doctrine
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: December 13, 2018
Fraud Claim Survives Despite Failure to Differentiate Between Acts of Different Defendants
On December 4, 2018, the First Department issued a decision in 47-53 Chrystie Holdings LLC v. Thuan… Read More
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Posted: December 12, 2018
Court Lacks Subject Matter Jurisdiction Over Claim Against Foreign Bank By Non-Resident
On November 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: December 11, 2018
Court Enforces Contract Clause Limiting Damages
On November 29, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: December 10, 2018
Doctrine of Respondeat Superior Imposes Liability on Employer, Not Supervisor
On November 28, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: December 9, 2018
Fraud Claim Dismissed Because Plaintiff's Alleged Reliance Was Not Reasonable
On November 28, 2018, Justice Schecter of the New York County Commercial Division issued a decision … Read More
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Posted: December 8, 2018
Court Refuses to Vacate Arbitral Award for Arbitrator Bias
On November 28, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
