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Posted: August 10, 2018
Common Interest Privilege Barred Disclosure of Documents
On August 9, 2018, the First Department issued a decision in 21st Century Diamond, LLC v. Allfield T… Read More
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Posted: August 9, 2018
Alleged Incompetent Project Management Does Not Excuse Enforcement of No Damages for Delay Clause
On August 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
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Posted: August 8, 2018
Court Rejects Impossibility Defense Based on Change in Taxi Medallion Market
On July 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in C… Read More
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Posted: August 7, 2018
Court Dismisses Third-Party Claim Seeking a Declaratory Judgment
On July 30, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: August 6, 2018
Party Waives Work Product Protection By Voluntarily Producing Documents to SEC
On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ant… Read More
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Posted: August 5, 2018
Right to Appeal Decision on Summary Judgment Motion Terminated by Entry of Final Judgment
On August 1, 2018, the Second Department issued a decision in Emigrant Bank v. Wang Real Property, L… Read More
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Posted: August 4, 2018
Appellate Division Refuses to Consider Legal Question Raised for the First Time on Appeal
On August 1, 2018, the Second Department issued a decision in Colonial Sur. Co. v. Advanced Conserva… Read More
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Posted: August 3, 2018
Motion to Amend Brought at Close of Discovery Untimely
On July 24, 2018, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
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Posted: August 2, 2018
Fraud Claim Held Untimely Even Under Two-Year Discovery Rule
On July 23, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Esse… Read More
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Posted: August 1, 2018
Accounting Denied For Lack of Fiduciary or Confidential Relationship
On July 25, 2018, the Second Department issued a decision in Lake Overlook Partners, LLC v. Sosa, 20… Read More
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Posted: July 31, 2018
Court Erred in Granting Summary Judgment on Dismissing Plaintiff's Claims Where Defendant Only Moved for Judgment on its Counterclaims
On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. … Read More
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Posted: July 30, 2018
Dissolution Under BCL 1104 Unavailable to Owner of 49 Percent of Voting Stock
On July 16, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 29, 2018
Court Refuses to Order Deposition of Trial Counsel
On July 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 28, 2018
Defense Waived Because Not Asserted in Answer
On July 16, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
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Posted: July 27, 2018
Provision Requiring Exercise of Reasonable Discretion Precludes Acting Arbitrarily, Irrationally, or Without Reasonable Basis
On July 18, 2018, the Second Department issued a decision in Grandfeld II, LLC v. Kohl's Department … Read More
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Posted: July 26, 2018
No Waiver Clause Precludes Claim of Waiver Based on Prior Course of Conduct
On July 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
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Posted: July 25, 2018
Questions of Fact Regarding Reasonableness of Calculations Under ISDA Master Agreement Preclude Summary Judgment
On July 2, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Le… Read More
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Posted: July 24, 2018
Breach of Fiduciary Duty Claim Dismissed on Summary Judgment for Lack of Damages
On July 10, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
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Posted: July 23, 2018
New Joint Appellate Division Practice Rules Change Time to Perfect Appeal in First Department From Nine Months to Six
The new Appellate Division Practice Rules (22 NYCRR Part 1250), which come into effect on September … Read More
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Posted: July 22, 2018
Party's Death Stays Action and Orders Issued When Stay Should Have Been in Effect Are Void
On June 28, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Vizzini v… Read More
