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Posted: October 11, 2018
Intention Not to Perform Contract Cannot Be Basis of Fraudulent Inducement Claim
On September 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: October 10, 2018
Shareholder Has Standing to Sue Corporation's Counsel for Malpractice
On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: October 9, 2018
Levy Does Not Expire After 90 Days if a Special Proceeding is Commenced Before the 90 Days Has Run
On September 21, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
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Posted: October 8, 2018
No Appeal From Default Judgment; Appellant Should Have Moved to Vacate and Appealed The Denial
On September 28, 2018, the Fourth Department issued a decision in Montanaro v. Weichert, 2018 NY Sl… Read More
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Posted: October 7, 2018
Upcoming Arguments in the Court of Appeals in October 2018
Upcoming argument in the Court of Appeals in October 2018 that may be of interest to commercial liti… Read More
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Posted: October 6, 2018
Transcripts and Videos of Arguments in the Court of Appeals for September 2018 Now Available
On August 25, 2018, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
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Posted: October 5, 2018
Court Denies Motion to Change Venue
On September 18, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
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Posted: October 4, 2018
Defendant May Not Move to Dismiss Claims Against Other Defendants
On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
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Posted: October 2, 2018
Partnership Not Terminable at Will if Partnership Agreement Provides Otherwise
On September 25, 2018, the First Department issued a decision in Wiener v. Weissman, 2018 NY Slip Op… Read More
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Posted: October 1, 2018
Breach of Contract Claim Properly Dismissed for Lack of Evidence of Damages
On September 27, 2018, the First Department issued a decision in FranPearl Equities Corp. v. 24 W. 2… Read More
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Posted: September 30, 2018
Where There is a Fiduciary Relationship, the Beneficiary Has a Right to an Accounting
On September 26, 2018, the Second Department issued a decision in Webster v. Forest Hills Care Ctr.,… Read More
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Posted: September 29, 2018
Court Erred in Vacating Arbitral Award; High Standard for Manifest Disregard of the Law Not Met
On September 27, 2018, the First Department issued a decision in Matter of Daesang Corp. v. NutraSwe… Read More
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Posted: September 27, 2018
Court Grants Plaintiff Judgment on Contract Claim Despite Lack of Damages
On August 21, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in C… Read More
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Posted: September 26, 2018
Parties Should Have Been Allowed to Intervene on Eve of Summary Judgment Motions
On September 19, 2018, the Second Department issued a decision in Roman Catholic Diocese of Brookly… Read More
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Posted: September 25, 2018
Time is of the Essence Letter Found Ineffective
On September 19, 2018, the Second Department issued a decision in Rodrigues NBA, LLC v. Allied XV,… Read More
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Posted: September 24, 2018
Officer Not Liable For Contract Signed on Behalf of Company
On September 13, 2018, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More
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Posted: September 23, 2018
Former LLC Manager's Claims Regarding His Removal Must be Arbitrated
On September 17, 2018, Justice Schecter of the New York County Commercial Division issued a decision… Read More
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Posted: September 22, 2018
Court Dismisses Claim for Equitable Accounting
On September 5, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
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Posted: September 21, 2018
Claims Barred by Release
On September 12, 2018, the Second Department issued a decision in Miller v. Brunner, 2018 NY Slip … Read More
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Posted: September 20, 2018
Court Declines to Dismiss Double-Derivative Action
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
