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Posted: March 25, 2018
Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because Condition Precedent For Suing on Note Not Met
On March 16, 2018, the Fourth Department issued a decision in Hogan v. Iskalo Off. Holdings III LLC,… Read More
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Posted: March 24, 2018
If Mortgage Commitment Letter is Revoked, Question of Whether Mortgage Contingency Applies Depends on Reasons for Revocation
On March 16, 2018, the Fourth Department issued a decision in Md3 Holdings, LLC v. Buerkle, 2018 NY … Read More
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Posted: March 23, 2018
Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant's Tenancy
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 20… Read More
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Posted: March 22, 2018
Estate of Deceased LLC Member Lacked Standing to Bring Derivative Claims
On February 22, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: March 21, 2018
One In-Person Meeting in New York and E-mail and Phone Communications Sufficient Basis for Personal Jurisdiction
On February 28, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
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Posted: March 20, 2018
Counsel Disqualified Because of Representation in Prior Related Action
On March 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Dollinger… Read More
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Posted: March 19, 2018
Salesperson Supervised by a Broker Can Make Claim for Commission Based on Oral Contract
On February 20, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
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Posted: March 18, 2018
Specific Forum Selection Clause in Broker's Employment Contract Not Superseded by Arbitration Clause in Later-Signed Form U-4
On February 28, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: March 16, 2018
First Department Declines to Bar Appeal Under the Fugitive Disentitlement Doctrine
On March 8, 2018, the First Department issued a decision in Gem Holdco, LLC v. Changing World Tech.,… Read More
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Posted: March 15, 2018
Defendant Liable for Converting Money Belonging to Plaintiffs Even Though the Possession Was Only Temporary
On March 6, 2018, the First Department issued a decision in 135 Bowery LLC v. Beach Channel Shoppers… Read More
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Posted: March 14, 2018
Internet Providers' Claims of Access Speed "Up To" A Certain Number Can Be Subject of Fraud Claim if They Cannot Achieve That Speed
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: March 13, 2018
Fair Report Privilege Bars Defamation Claim Against Law Firm
On February 16, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: March 12, 2018
Purchase Agreement is Documentary Evidence Despite Being Redacted
On February 13, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: March 11, 2018
Commercial Negligence Claims Dismissed Because Defendant Had No Duty to Plaintiff
On February 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
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Posted: March 10, 2018
Court Denies Stay Despite Necessary Party Being Bankrupt
On February 6, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: March 9, 2018
Alleged Oral Contract Not Void for Lack of Consideration
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: March 8, 2018
Proposed Amended Complaint Fails to Meet High Burden for Interference with Business Relations Claim
On February 8, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: March 7, 2018
Dismissal of Action for Failure to File Note of Issue Affirmed
On March 1, 2018, the First Department issued a decision in Austin v. Gould, 2018 NY Slip Op. 01404,… Read More
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Posted: March 6, 2018
Plaintiff's Claims Tolled During Pendency of Earlier Federal Action
On February 22, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
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Posted: March 5, 2018
Counterclaims Entitled to Benefit of Relation-Back Doctrine
On February 23, 2018, Justice Scarpulla of the New York County issued a decision in Sharbat v. AGS C… Read More
