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Posted: July 2, 2018
Court Should Have Transferred Case; Plaintiff Failed to Show That Chosen Venue Was Proper
On June 27, 2018, the Second Department issued a decision in Patiwana v. Shah, 2018 NY Slip Op. 0474… Read More
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Posted: July 1, 2018
Court Rejects Unsigned Agreement Offered as Documentary Evidence Under 3211(a)(1)
On June 18, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in T… Read More
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Posted: June 30, 2018
Court Upholds Common Interest Privilege Claim Relating to Documents That Did Not Relate Solely to Contemplation or Prosecution of Litigation
On June 21, 2018, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.P. … Read More
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Posted: June 29, 2018
FTC Rule Does Not Preempt General Business Law Claims Against Broadband Providers
On June 21, 2018, the First Department issued a decision in People v. Charter Communications, Inc., … Read More
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Posted: June 28, 2018
Breach of Fiduciary Claim Reinstated; it Was Not Duplicative of Contract Claim Because it Sought Separate and Distinct Relief
On June 20, 2018, the Second Department issued a decision in Slocum Realty Corp. v. Schlesinger, 201… Read More
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Posted: June 27, 2018
Unjust Enrichment Claim Fails For Lack of Relationship Between Plaintiff and Defendant
On June 20, 2018, the Second Department issued a decision in Crescimanni v. Trovato, 2018 NY Slip Op… Read More
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Posted: June 26, 2018
First Department Sanctions Appellant $10,000 for Making Frivolous Argument
On June 21, 2018, the First Department issued a decision in Matter of Del Monaco v. Diamond, 2018 NY… Read More
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Posted: June 25, 2018
Insolvent Party's Transfer of Property to Insider Not Improper Where Insider is Secured Creditor
On June 19, 2018, Justice Schecter of the New York County Commercial Division issued a decision in E… Read More
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Posted: June 24, 2018
Court Refuses to Dissolve LLC, Holding That Members' Disputes Were Insufficient to Justify Dissolution
On June 11, 2018, Justice Dufficy of the Queens County Commercial Division issued a decision in Matt… Read More
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Posted: June 23, 2018
Answer Stricken as Sanction for Spoliation of Evidence
On June 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kamc… Read More
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Posted: June 22, 2018
Statute of Frauds Exception for Contract to Pay Lawyer for Negotiating Sale of Business Does Not Require Attorney-Client Relationship
On June 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in W… Read More
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Posted: June 21, 2018
Fraud Claim Dismissed as Duplicative of Contract Claim
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Bo… Read More
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Posted: June 20, 2018
Borrowing Statute Applies When Contract Provides That it Will be Enforced According to New York Law
On June 12, 2018, the Court of Appeals issued a decision in 2138747 Ontario, Inc. v. Samsung C&T Cor… Read More
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Posted: June 19, 2018
Veil Piercing Claims Should Have Been Dismissed
On June 12, 2018, the First Department issued a decision in Shawmut Woodworking & Supply, Inc. v. AS… Read More
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Posted: June 18, 2018
Inducing a Client to Switch Lawyers Cannot be Basis of Tortious Interference Claim
On June 6, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Go… Read More
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Posted: June 17, 2018
Transcripts and Videos of Arguments in the Court of Appeals for June 2018 Now Available
On May 19, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in … Read More
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Posted: June 16, 2018
Court Dismisses Claim, Enforcing No Damages for Delay Clause
On June 5, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Sc… Read More
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Posted: June 15, 2018
Martin Act Claims are Subject to Three-Year Statute of Limitations
On June 12, 2018, the Court of Appeals issued a decision in People v. Credit Suisse Sec. (USA) LLC, … Read More
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Posted: June 14, 2018
Denial of Lease Renewal Option not an Unjust Forfeiture
On June 7, 2018, the First Department issued a decision in Robert B. Jetter, M.D., PLLC v. 737 Park … Read More
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Posted: June 13, 2018
Plaintiff Not Prejudiced by Amendment to Answer
On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Le… Read More
