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Posted: May 22, 2018
Court Erred in Considering Extrinsic Evidence in Interpreting an Unambiguous Agreement
On May 16, 2018, the Second Department issued a decision in World Ambulette Transportation, Inc. v. … Read More
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Posted: May 21, 2018
Court Of Appeals Rejects “Avoided Costs” As Proper Measure Of Damages For Misappropriation Of Trade Secrets
On May 3, 2018, the Court of Appeals issued an opinion, E.J. Brooks Co. v Cambridge Sec. Seals, 2018… Read More
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Posted: May 20, 2018
Derivative Action Dismissed for Failure to Plead Demand or Demand Futility
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Gla… Read More
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Posted: May 19, 2018
Upcoming Arguments in the Court of Appeals in June 2018
Upcoming argument in the Court of Appeals in June 2018 that may be of interest to commercial litigat… Read More
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Posted: May 18, 2018
Unjust Enrichment Claim Dismissed Because Contracts Governed Claims
On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Pre… Read More
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Posted: May 17, 2018
Justice Walsh Posts Part Rules
Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently pos… Read More
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Posted: May 16, 2018
Transcripts and Videos of Arguments in the Court of Appeals for April/May 2018 Now Available
On April 29, 2018, we noted a case of interest from the oral arguments before the Court of Appeals i… Read More
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Posted: May 15, 2018
Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
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Posted: May 14, 2018
Justice Kornreich to Retire; Justice Schecter to Take Over Her Part
The Commercial Division has announced that: After many years of judicial service, the Honorable Shir… Read More
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Posted: May 13, 2018
Court Dismisses Claim Based on Theory That Defendant Was a Third-Party Beneficiary of Contract
On May 7, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Lab… Read More
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Posted: May 12, 2018
IAS Court Did Not Err in Striking Defendants' Pleadings as a Discovery Sanction
On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 034… Read More
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Posted: May 11, 2018
Amendment to Name Defendant Did Not Relate Back to Date of Original Complaint
On May 3, 2018, the First Department issued a decision in Markov v. Stack's LLC (Delaware), 2018 NY … Read More
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Posted: May 10, 2018
Claim Dismissed for Being "Conclusory and Lacking in Factual Specificity"
On May 3, 2018, the First Department issued a decision in Publications International, Ltd. v. Phoeni… Read More
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Posted: May 9, 2018
New York Does Not Recognize "Holder Claims"
On April 23, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: May 8, 2018
Claim Against New Defendant Did Not Relate Back to Earlier Complaint; New Defendant Was Not Liable for Acts of Original Defendants
On May 3, 2018, the Third Department issued a decision in Belair Care Center, Inc. v. Cool Insuring … Read More
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Posted: May 7, 2018
Failure to Use Contract's Pre-Suit Dispute Resolution Process Dooms Claim
On May 3, 2018, the First Department issued a decision in MPEG LA, L.L.C. v America Information Syst… Read More
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Posted: May 6, 2018
Transcripts and Videos of Arguments in the Court of Appeals for April 2018 Now Available
On April 7, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in… Read More
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Posted: May 5, 2018
Court Declines to Interpret Arbitration Agreement Where Agreement Leaves That Decision to Arbitrators
On May 1, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Foo… Read More
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Posted: May 4, 2018
CLE Program: The "How To" of Successful Motion Practice: Practical Advice & Tips
On May 23, 2018, Schlam Stone & Dolan partner John Lundin will chair a CLE program at the New Yo… Read More
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Posted: May 3, 2018
Specific Performance on Real Estate Contract Inappropriate Where No Evidence of Plaintiff's Ability to Close
On April 18, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Silversh… Read More
