-
Posted: March 4, 2018
Libel Claim Based on Press Release Relating to Ongoing Litigation Dismissed
On March 1, 2018, the First Department issued a decision in FCRC Modular, LLC v. Skanska Modular LLC… Read More
-
Posted: March 3, 2018
Jury Demand Struck; Allegations of Fraudulent Inducement Insufficient to Avoid Contract's Jury Waiver
On February 27, 2018, the First Department issued a decision in Zohar CDO 2003-1 Ltd. v. Xinhua Spor… Read More
-
Posted: March 2, 2018
Transcripts and Videos of Arguments in the Court of Appeals for February 2018 Now Available
On January 15, 2018, we noted seven cases of interest from the oral arguments before the Court of Ap… Read More
-
Posted: March 1, 2018
Court Of Appeals Holds That Res Judicata Effect Of Federal Judgment Extends To Unasserted Compulsory Counterclaims
On February 20, 2018, a divided Court of Appeals decided Paramount Pictures Corp. v. Allianz Risk Tr… Read More
-
Posted: February 28, 2018
Upcoming Arguments in the Court of Appeals in March
Upcoming argument in the Court of Appeals in March 2018 that may be of interest to commercial litiga… Read More
-
Posted: February 27, 2018
Indenture Trustee Can Bring Claims to Recover Losses Incurred by all Noteholders from Unpaid Notes
On February 20, 2018, the Court of Appeals issued a decision in Cortlandt St. Recovery Corp. v. Bond… Read More
-
Posted: February 26, 2018
Second Department Holds That Yellowstone Remedy Can Be Waived In A Commercial Lease
On January 31, 2018, the Second Department issued a decision in 159 MP Corp. v. Redbridge Bedford, L… Read More
-
Posted: February 24, 2018
Claim for Referral Fees Barred by Statute of Frauds
On February 6, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
-
Posted: February 23, 2018
All Risk Insurance Policy Did Not Cover Loss From Returning Property to Its Rightful Owner
On February 13, 2018, the First Department issued a decision in Dae Assoc., LLC v. AXA Art Ins. Corp… Read More
-
Posted: February 22, 2018
Shareholder's Failure to Help Run Company No Basis for Reducing His Shareholding
On February 13, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
-
Posted: February 21, 2018
Derivative Action Dismissed for Failure to Plead Demand Futility With Particularity
On February 13, 2018, the First Department issued a decision in Retirement Plan for Gen. Empls. of t… Read More
-
Posted: February 20, 2018
Defendant Not Required to Produce Tax Returns
On February 15, 2018, the First Department issued a decision in Weingarten v. Braun, 2018 NY Slip Op… Read More
-
Posted: February 19, 2018
Non-Party Properly Held in Contempt for Violating Stipulation and Order of Which He Had Knowledge
On February 6, 2018, the First Department issued a decision in Tishman Constr. Corp. v. United Hispa… Read More
-
Posted: February 18, 2018
Damages Award Thrown Out Because of Failure to Provide Competent, Non-Hearsay Evidence of Damages
On February 8, 2018, the First Department issued a decision in 345 E. 69th St. Owners Corp. v, Plati… Read More
-
Posted: February 17, 2018
Court Refuses to Enforce Forum Selection Clause in Internet Contract
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued decision in Swipe Ic… Read More
-
Posted: February 16, 2018
Court Refuses to Disqualify Counsel Based on Lawyer-Witness Rule
On February 1, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Atlant… Read More
-
Posted: February 15, 2018
Professional Malpractice Claims Time-Barred
On February 1, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
-
Posted: February 14, 2018
Court Rejects Disclosure Only Class Action Settlement
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
-
Posted: February 13, 2018
Corporation's Former Counsel Cannot Represent One Shareholder Against Others
On February 7, 2018, the Second Department issued a decision in Deerin v. Ocean Rich Foods, LLC, 201… Read More
-
Posted: February 12, 2018
No Claim for Civil Conspiracy Without An Underlying Tort
On February 7, 2018, the Second Department issued a decision in McSpedon v. Levine, 2018 NY Slip Op.… Read More
