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Posted: August 30, 2018
Allegations of Account Stated Insufficient to Support Summary Judgment in Lieu of Complaint
On August 20, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: August 29, 2018
Court Declines to Dismiss Action Brought By Summons With Notice On Ground That it Was Insufficiently Detailed
On August 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
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Posted: August 28, 2018
Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff's Exclusive Possession
On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Hor… Read More
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Posted: August 27, 2018
Letter Agreement Binding Even Though it Envisioned a Further, More Formal Agreement
On August 10, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Vi… Read More
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Posted: August 26, 2018
Town's Promissory Estoppel Claim Against LIPA Fails
On August 16, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in T… Read More
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Posted: August 25, 2018
Upcoming Arguments in the Court of Appeals in September 2018
Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial l… Read More
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Posted: August 24, 2018
Court Refuses to Vacate Arbitral Award Despite Respondent's Claim That She Did Not Receive Notice of Arbitration
On August 13, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in M… Read More
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Posted: August 23, 2018
Judiciary Law Sec. 487 Claim Dismissed for Failure to Allege Intent to Deceive
On August 15, 2018, the Second Department issued a decision in Bill Birds, Inc. v. Stein Law Firm, P… Read More
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Posted: August 22, 2018
Duress Defense Put Party's Communications With Counsel at Issue, Waiving Privilege
On August 5, 2018, Justice Nowak of the Erie County Commercial Division issued a decision in Jones v… Read More
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Posted: August 21, 2018
Injunction Denied for Lack of Irreparable Harm; Money Damages Sufficient
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: August 20, 2018
Claims Barred by Contract's One-Year Limitations Period to Make Claims
On August 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
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Posted: August 19, 2018
Court Orders Selective Redaction Rather Than Sealing
On August 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
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Posted: August 18, 2018
Plaintiff Had Standing to Bring Proceeding to Dissolve LLC
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: August 17, 2018
Court Upholds Breach of Duty of Care Claim Against Trustee
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: August 16, 2018
Court Sanctions Litigant for Frivolous Litigation, Including Awarding Attorneys' Fees for Defending Frivolous Claims
On August 1, 2018, Justice Ramos of the New York County Commercial Division issued a decision in Cit… Read More
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Posted: August 15, 2018
Court Rules That Expert Testimony in Legal Malpractice Action is Unnecessary Given Issues in Dispute
On August 1, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
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Posted: August 14, 2018
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
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Posted: August 13, 2018
Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding
On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
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Posted: August 12, 2018
Fraud Claim Dismissed as Duplicative of Contract Claim: No Separate Damages Alleged
On August 6, 2018, Justice Masley of the New York County Commercial Division issued a decision in TJ… Read More
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Posted: August 11, 2018
Court Reviews Law Governing Contract Interpretation on Summary Judgment
On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
