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Posted: June 12, 2018
Whether Trade Confirmation is Enforceable Agreement is Question of Fact
On June 7, 2018, the First Department issued a decision in Seaport Global Securities LLC v SB Group … Read More
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Posted: June 11, 2018
City Damaged By Breach of Contract Even Though Mitigation Costs Paid by Federal Government
On June 7, 2018, the First Department issued a decision in City of New York v. Eastern Shipbuilding … Read More
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Posted: June 10, 2018
Justice Schecter Posts Part Rules
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently pos… Read More
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Posted: June 9, 2018
Civil Conspiracy Claim Survives When it is Tied to an Alleged Tort
On May 30, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Pa… Read More
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Posted: June 8, 2018
Fraud Claim Dismissed; Claim Was Derivative, Not Direct
On May 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in Khan… Read More
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Posted: June 7, 2018
Court Rejects 3211(a)(7) Motion That Relied on Documentary Evidence
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Te… Read More
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Posted: June 6, 2018
Court Excuses Failure to Perform Condition Precedent to Bringing Suit
On June 5, 2018, the First Department issued a decision in Danco Electrical Contractors, Inc. v. Dor… Read More
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Posted: June 5, 2018
Party Cannot Enforce Estoppel Certificates it Accepted Knowing that the Representations Were Not True
On June 5, 2018, the First Department issued a decision in Aerotek, Inc. v. 757 3rd Ave. Associates,… Read More
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Posted: June 4, 2018
Insurance Broker Liable for Failure to Obtain Coverage
On May 17, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in 1015 70… Read More
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Posted: June 3, 2018
Plaintiff Survives Summary Judgment on Quantum Meruit Claims Relating to Chinese Arena Football
On May 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in Y… Read More
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Posted: June 2, 2018
Plaintiff Cannot Avoid Arbitration Absent Allegations of Fraud Relating Specifically to Inclusion of Arbitration Clause
On May 25, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Cu… Read More
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Posted: June 1, 2018
Rejecting Official Exchange Rate, Court Finds That There is a Question of Fact Regarding Proper Exchange Rate Between Venezuelan Bolivars and US Dollars
On May 29, 2018, Justice Crane of the New York County Supreme Court issued a decision in Diaz v. Gal… Read More
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Posted: May 31, 2018
Court Rejects Bid to Submit Expert Report a Year Late
On May 18, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in N… Read More
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Posted: May 30, 2018
Communications With Press Agents Not Privileged
On May 29, 2018, the First Department issued a decision in Gottwald v. Sebert, 2018 NY Slip Op. 0381… Read More
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Posted: May 28, 2018
Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference
On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip… Read More
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Posted: May 27, 2018
Misstatements in Court Documents That Were Not Material and a Single Act of Deceit Insufficient Basis for Malicious Prosecution Claim
On May 22, 2018, the First Department issued a decision in Shawe v. Elting, 2018 NY Slip Op. 03644, … Read More
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Posted: May 26, 2018
Justices Hudson and Garugilo Update Part Rules
Justice James Hudson of the Suffolk County Commercial Division recently updated his part rules. Just… Read More
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Posted: May 25, 2018
Breach of Contract Action Barred by Contract's Mandatory Mediation Provision
On May 24, 2018, the First Department issued a decision in Korangy v. Malone, 2018 NY Slip Op. 03767… Read More
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Posted: May 24, 2018
Order Vacating Default Judgment Reversed and Remanded for Traverse Hearing on Service
On May 17, 2018, the First Department issued a decision in Noah Bank v. Hudson Produce, Inc., 2018 N… Read More
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Posted: May 23, 2018
Summary Judgment Inappropriate Where Conflicting Inferences Can be Drawn from Evidence and Issues of Credibility Exist
On May 16, 2018, the Second Department issued a decision in UB Distributors, LLC v. S.K.I. Wholesale… Read More
