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Posted: October 29, 2018
Complaint Withstands Motion to Dismiss Based on In Pari Delicto/Illegality Defense
On October 22, 2018, Justice Fisher of the Kings County Supreme Court issued a decision in Juan Carl… Read More
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Posted: October 28, 2018
Compliance with No-Action Clauses Excused in Suit Against RMBS Trustee
On October 18, 2018, the First Department issued a decision in Blackrock Balanced Capital Portfolio … Read More
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Posted: October 27, 2018
Plaintiff Denied Summary Judgment on Note Because of Question of Fact Regarding Whether Note Was Part of an Illegal Fee-Splitting Agreement
On October 17, 2018, the Second Department issued a decision in Linchitz Practice Mgt., Inc. v. Daa… Read More
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Posted: October 26, 2018
First Department Affirms Conditional Order Striking Complaint
On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Ei… Read More
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Posted: October 26, 2018
Court Refuses to Vacate Arbitral Award for Manifest Disregard of the Law
On October 2, 2018, Justice Ramos of the New York County Commercial Division issued a decision in N… Read More
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Posted: October 25, 2018
Recognition of Alleged Loans on Partnership Books Raises Issues of Fact Regarding Statute of Limitations Precluding Dismissal
On October 3, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
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Posted: October 24, 2018
Allegations of Conspiracy to Breach Contract Do Not Bar Tortious Interference Claim
On October 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
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Posted: October 23, 2018
Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester … Read More
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Posted: October 22, 2018
Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
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Posted: October 22, 2018
Saying "So Sue Me" Did Not Trigger Duty to Preserve Evidence
On September 28, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
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Posted: October 21, 2018
Claim for Commission on Real Estate Purchase Dismissed: Plaintiff Did Not Establish That He Was the Procuring Cause of the Transaction
On October 2, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: October 20, 2018
Allegation that Defendant Rendered New York Business Insolvent Through Fraudulent Transfer Sufficient to Establish Personal Jurisdiction
On October 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: October 19, 2018
New York Law Applied to Question of Whether Tort Claims Passed to Belgian Assignee
On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanl… Read More
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Posted: October 18, 2018
Tortious Interference Claim Cannot Relate to a Contract that is Terminable at Will
On October 5, 2018, the Fourth Department issued a decision in American Recycling & Mfg. Co., In… Read More
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Posted: October 17, 2018
Levy Can Be Extended if Motion to Extend is Made Before its Original Expiration Date
On September 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: October 16, 2018
Arbitration Provision in Later-Signed U-4 Form Supersedes Dispute Resolution Provision in Earlier-Signed Employment Agreement
On October 2, 2018, the First Department issued a decision in Hyuncheol Hwang v. Mirae Asset Sec. (U… Read More
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Posted: October 15, 2018
When Accounting Firm Agreed to Respond to Audit Letter, Continuous Representation Doctrine Preserved Professional Malpractice Claims Relating to Original Return
On October 2, 2018, the First Department issued a decision in Lemle v. Regen, Benz & MacKenzie,… Read More
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Posted: October 14, 2018
Contractual Right to Take Actions Cannot Shield Fiduciary From Breach of Fiduciary Duty Claim if Fiduciary Acted in Bad Faith
On September 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: October 13, 2018
Fact Questions Regarding Whether Contract Breach Was So Material As to Justify Rescission Preclude Summary Judgment
On September 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
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Posted: October 12, 2018
Court Rejects Claims for Common Law Indemnification and Contribution
On September 25, 2018, Justice Friedman of the New York County Commercial Division issued a decision… Read More
