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Posted: July 21, 2018
Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds
On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in A… Read More
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Posted: July 20, 2018
Claim Based on Alter Ego Theory Survives Motion to Dismiss
On July 2, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in As… Read More
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Posted: July 19, 2018
Plaintiff Sanctioned For Attempting to Relitigate Previously Decided Claims in New York Against Defendants Over Which Court Had No Jurisdiction
On July 5, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in K… Read More
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Posted: July 18, 2018
Court Refuses to Enforce Attorney Fee-Sharing Agreement
On July 5, 2018, the Second Department issued a decision in Ballan v. Sirota, 2018 NY Slip Op. 05014… Read More
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Posted: July 17, 2018
Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close
On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterpri… Read More
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Posted: July 16, 2018
No Personal Jurisdiction Over Defendant Because Original Critical Events Did Not Take Place in New York
On July 3, 2018, the First Department issued a decision in Deutsche Bank AG v. Vik, 2018 NY Slip Op.… Read More
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Posted: July 15, 2018
Integration Clause Bars Contract Claim Based on Alleged Oral Modification of Mortgage Documents
On June 26, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: July 14, 2018
Court Finds Claims Timely Under Fiduciary Tolling Doctrine
On June 27, 2018, Justice Schecter of the New York County Commercial Division issued a decision in M… Read More
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Posted: July 13, 2018
Allocution of Settlement Terms on the Record Not Binding Settlement Agreement Because it Contemplated Agreement on Other Terms and Was Subject to Documentation
On July 5, 2018, the First Department issued a decision in Weksler v. Weksler, 2018 NY Slip Op. 0497… Read More
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Posted: July 12, 2018
Derivative Claims Fail for Failure Adequately to Plead Demand Futility
On July 5, 2018, the First Department issued a decision in Epstein v. Ruane, Cunniff & Goldfarb Inc.… Read More
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Posted: July 11, 2018
Justices Scarpulla and Jamieson Update Part Rules
Justice Saliann Scarpulla of the New York County Commercial Division recently updated her individual… Read More
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Posted: July 11, 2018
Tortious Interference Claim Upheld; Defendant Did Not Establish Economic Interest Defense as a Matter of Law
On July 5, 2018, the First Department issued a decision in Normandy Real Estate Partners LLC v. 24 E… Read More
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Posted: July 10, 2018
Employees Who did not Sign Agreement in Their Individual Capacities Nevertheless Entitled to Enforce Arbitration Provision
On July 3, 2018, the First Department issued a decision in Huntsman International LLC v. Albemarle C… Read More
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Posted: July 9, 2018
State Qui Tam Action Dismissed Because Allegations Were Based on Public Information
On June 28, 2018, the First Department issued a decision in State of New York ex rel. Rasmusen v. Ci… Read More
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Posted: July 8, 2018
Fraud Claim Does Not Invalidate Arbitration Provision Unless Fraud Relates to That Provision
On June 27, 2018, the Second Department issued a decision in Zafar v. Fast Track Leasing, LLC, 2018 … Read More
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Posted: July 7, 2018
Crime-Fraud Exception Does Not Apply to Challenged Privilege Claims
On June 21, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ken… Read More
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Posted: July 6, 2018
Mandatory Injunction Properly Denied Because There Were No Extraordinary Circumstances
On June 28, 2018, the First Department issued a decision in Spectrum Stamford, LLC v. 400 Atlantic T… Read More
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Posted: July 5, 2018
Court Examines Rules Relating to Impleader in Complex Cases
On May 14, 2018, Justice Marcy Friedman of the New York County Commercial Division issued a Decision… Read More
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Posted: July 4, 2018
Insurance Law 3105 Does Not Relieve RMBS Insurer of Obligation to Plead All Elements of Common Law Fraud Claim
On June 27, 2018, the Court of Appeals issued a decision in Ambac Assurance Corp. v. Countrywide Hom… Read More
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Posted: July 3, 2018
Receiver May Be Liable For Distributing Funds In Violation Of Order; Lack Of Knowledge Immaterial Because Order Was E-Filed
On May 24, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in K… Read More
