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Posted: December 7, 2018
Defendants Cannot Avoid Summary Judgment on Contract Claim by Arguing Oral Modification
On November 27, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: December 6, 2018
Movant Need Not Prove Willful and Contumacious Conduct to Prevail on Civil Contempt Motion
On December 5, 2018, the Second Department issued a decision in Palmieri v. Town of Babylon, 2018 NY… Read More
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Posted: December 5, 2018
Mere Theory as to the Board's Misconduct Insufficient to Plead Demand Futility With Particularity
On November 15, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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Posted: December 4, 2018
Plaintiff Liable to Defendant on Defendant's Counterclaim Based on Facts Pleaded in the Complaint
On November 26, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: December 3, 2018
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed rule "[e]nhanc[ing] at… Read More
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Posted: December 2, 2018
Labor Law Provision Allowing Employees to Sue General Contractor as Third-Party Beneficiaries Trumps Contract's No Third-Party Beneficiary Clause
On November 27, 2018, the First Department issued a decision in Wroble v. Shaw Envtl. & Infrast… Read More
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Posted: December 1, 2018
Court Stays Lawsuit in Favor of Earlier-Filed Federal Class Action
On November 14, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: November 30, 2018
Plaintiff Without Interest in Land Cannot File Lis Pendens
On November 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: November 29, 2018
Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract
On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
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Posted: November 28, 2018
Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal
On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleu… Read More
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Posted: November 27, 2018
Plaintiff Not Entitled to Stay of Arbitration
On November 27, 2018, the First Department issued a decision in New 110 Cipriani Units, LLC v. Board… Read More
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Posted: November 27, 2018
Schlam Stone Announces the Launch of the Same-Day Justice Program
Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbit… Read More
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Posted: November 26, 2018
Joint Venture's Controlling Shareholder Liable for Aiding and Abetting Manager's Breach of Fiduciary Duty
On October 22, 2018, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
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Posted: November 25, 2018
Court Erred in Vacating Order Discontinuing Action
On November 21, 2018, the Second Department issued an opinion in IndyMac Bank, FSB v. Izzo, 2018 NY … Read More
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Posted: November 24, 2018
Plaintiff Without Interest in Land Cannot File Lis Pendens
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in M… Read More
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Posted: November 23, 2018
Parties That Signed Agreement on Behalf of Non-Existent Entities Personally Bound By Contract
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in O… Read More
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Posted: November 22, 2018
Contractor Working for Tenant Allowed to Place a Lien on Landlord's Property
On November 20, 2018, the Court of Appeals issued a decision in Ferrara v. Peaches Cafe LLC, 2018 NY… Read More
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Posted: November 21, 2018
Plaintiff Should Have Been Granted Yellowstone Injunction
On November 20, 2018, the First Department issued a decision in 106 Spring St. Owner LLC v. Workspac… Read More
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Posted: November 20, 2018
Court Finds Pooling and Servicing Agreement to be Ambiguous, Orders Discovery
On November 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: November 19, 2018
Allegations of Duress Insufficient to Overcome Voluntary Payment Doctrine
On November 15, 2018, the First Department issued a decision in Beltway 7 & Props., Ltd. v. Blackroc… Read More
