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Posted: September 19, 2018
Court Grants Adverse Inference on Summary Judgment for Assertion of Fifth Amendment Rights
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: September 18, 2018
No New York Personal Jurisdiction Over Student Loan Trust Trustee That Engaged New York Counsel
On September 4, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: September 17, 2018
Shareholder Need Not Hold Share Certificates to Have Right to Assert Derivative Claims
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: September 16, 2018
Motion for Reargument Denied for Failure to Attach Prior Order and Papers
On August 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: September 15, 2018
Common Interest Privilege Covers Later Exchange of Privileged Documents Created Before the Privilege Existed
On August 30, 2018, Justice Schecter of the New York County Commercial Division issued a decision on… Read More
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Posted: September 14, 2018
Plaintiff Allowed to Amend Complaint in Anticipation of Trial
On August 31, 2018, Justice Schecter of the New York Country Commercial Division issued a decision o… Read More
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Posted: September 13, 2018
Failure to Pay Wages Cannot Be Basis of Labor Law Sec. 193 Claim for Improper Withholding of Wages
On August 22, 2018, Justice Friedman of the New York County Commercial Division issued a decision in… Read More
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Posted: September 12, 2018
Unjust Enrichment Claim Survives Dismissal Because of Questions of Fact Regarding Whether Contract Covers Claims
On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: September 11, 2018
Justices Masley, Sherwood and Paris Update Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
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Posted: September 10, 2018
Court Threatens Contemnor With Arrest if He Does Not Purge the Contempt
On August 14, 2018, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
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Posted: September 9, 2018
Court Refuses to Dismiss Common Law Dissolution Action Even Though Shareholder Lacked Standing to Bring Statutory Dissolution Action
On August 15, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: September 8, 2018
BCL §1312 Does Not Bar Action By Foreign Corporation That Did Not Do Business in New York
On August 14, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Radian… Read More
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Posted: September 7, 2018
Court Dismisses Action to Dissolve LLC in Light of High Burden for LLC Dissolution Actions
On August 15, 2018, Justice Scarpulla issued a decision in Yu v. Guard Hill Estates, LLC, 2018 NY Sl… Read More
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Posted: September 6, 2018
Action for Specific Performance of Real Estate Sales Contract Dismissed; Purchaser Was Not Ready, Willing and Able to Purchase on Closing Date
On August 22, 2018, the Second Department issued a decision in 130 Third St. Loft, LLC v. HKF, Inc.,… Read More
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Posted: September 5, 2018
Dismissal for Failure to Prosecute Vacated for Failure to Give Required Notice
On August 22, 2018, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Bast… Read More
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Posted: September 4, 2018
Documents Submitted by Law Firm to Show Lack of Relationship Not Documentary Evidence Sufficient to Justify Dismissal
On August 22, 2018, The Second Department issued a decision in First Choice Plumbing Corp. v. Miller… Read More
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Posted: September 3, 2018
Proposed Amendment Fails to Allege a Joint Venture
On August 16, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: September 2, 2018
Negligent Supervision Claim Dismissed For Lack of Allegations of Prior Knowledge
On August 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: September 1, 2018
Common Law Dissolution Denied; No Evidence of Misconduct or Oppression
On August 22, 2018, the Fourth Department issued a decision in Feldmeier v. Feldmeier Equip., Inc., … Read More
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Posted: August 31, 2018
Fraud Claim Dismissed for Lack of Reasonable Reliance
On August 15, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
