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Posted: April 13, 2018
New York Not Inconvenient Forum Despite Dispute Having Much Stronger Connection to China
On April 5, 2018, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L… Read More
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Posted: April 12, 2018
"Notwithstanding" Clause Trumps Potentially Contradictory Contract Provision
On April 5, 2018, the First Department issued a decision in Veneto Hotel & Casino, S.A. v. German Am… Read More
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Posted: April 11, 2018
Oral Fee-Sharing Agreement With At-Will Employee Not Barred by Statute of Frauds
On April 5, 2018, the First Department issued a decision in Goldfarb v. Romano, 2018 NY Slip Op. 024… Read More
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Posted: April 10, 2018
Court Cannot Consider Affirmative Defenses in Deciding Judgment by Default for Non-Appearance
On April 4, 2018, the Second Department issued a decision in Power Up Lending Group, Ltd. v. Cardina… Read More
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Posted: April 9, 2018
Transcripts and Videos of Arguments in the Court of Appeals for March 2018 Now Available
On February 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeal… Read More
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Posted: April 9, 2018
Claim for Common Law Indemnification Must Be Based on an Agent's Negligence, Not Breach of Contract
On March 29, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
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Posted: April 8, 2018
Subcontractor's Breach of Liquidating Agreement Claim Against General Contractor Upheld
On March 28, 2018, the Second Department issued a decision in Rad & D'Aprile, Inc. v. Arnell Constru… Read More
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Posted: April 7, 2018
Upcoming Arguments in the Court of Appeals in April/May
Upcoming argument in the Court of Appeals in April 2018 that may be of interest to commercial litiga… Read More
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Posted: April 6, 2018
Guest Post: Data Show Cases in the Commercial Division Are Taking Longer to Resolve
This is the second in a series of posts presenting a quantitative description of the Commercial Divi… Read More
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Posted: April 5, 2018
Defendant Waived Personal Jurisdiction Defense by Not Moving to Dismiss Within 60 Days of Answer
On March 28, 2018, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Cajas, 2018 … Read More
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Posted: April 4, 2018
Close Friendship Insufficient to Create Fiduciary Relationship
On March 29, 2018, the First Department issued a decision in Benzies v. Take-Two Interactive Softwar… Read More
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Posted: April 3, 2018
Computer-Generated Avatar May Constitute a "Portrait" Within the Meaning of Civil Rights Law Article 5
On March 29, 2018, the Court of Appeals issued a decision in Lohan v. Take-Two Interactive Software,… Read More
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Posted: April 2, 2018
Contract Claim Based on Exchange of E-Mails Should Be Allowed to Go Forward
On March 29, 2018, the Court of Appeals issued a decision in Kolchins v. Evolution Markets, Inc., 20… Read More
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Posted: April 1, 2018
Court Lacks Jurisdiction to Decide Motions Filed After Action Voluntarily Discontinued
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Nemir… Read More
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Posted: March 31, 2018
Court Vacates Stipulation of Discontinuance Without Prejudice and Reinstates Claim Against Former Defendant
On March 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
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Posted: March 30, 2018
Plaintiff Prevails on Money Had and Received Claim; Statutory Presumption of Joint Account Ownership Did Not Apply
On March 23, 2018, the Fourth Department issued a decision in Sweetman v. Suhr, 2018 NY Slip Op. 021… Read More
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Posted: March 29, 2018
Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewa… Read More
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Posted: March 28, 2018
Minority Discount Properly Applied When Valuing Minority Holder's Share of Ongoing Partnership
On March 27, 2018, the Court of Appeals issued a decision in Congel v Malfitano, 2018 NY Slip Op. 02… Read More
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Posted: March 27, 2018
Motion to Amend Denied Because of Undue Delay
On March 9, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
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Posted: March 26, 2018
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
