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Posted: January 1, 2018
Allegations of Badges of Fraud Sufficient to Support Actual Fraudulent Conveyance Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: December 31, 2017
Investment Advisors Are Not Professionals That Can be the Subject of a Professional Malpractice Claim
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: December 30, 2017
Contract Based on Misrepresentation Voidable, Not Void
On November 27, 2017, Justice Livote of the Queens County Commercial Division issued a decision in H… Read More
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Posted: December 29, 2017
Defendant's Failure to Disclose its Business Plans Cannot be Basis for Fraud Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: December 28, 2017
No Conversion Claim When Plaintiff Was Not Deprived of Use of Property
On December 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
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Posted: December 27, 2017
Failure Strictly to Comply With Service Requirements of LLC Law 304 Makes Service Ineffective
On December 22, 2017, the Fourth Department decided in Chan v. Onyx Capital, LLC, 2017 NY Slip Op. 0… Read More
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Posted: December 26, 2017
Prior Representation Not Shown to be Substantially Related so as to Justify Attorney Disqualification
On December 21, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-insuranc… Read More
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Posted: December 25, 2017
Questions of Fact Preclude Dissolution of Partnership on Summary Judgment
On December 12, 2017, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: December 24, 2017
Upcoming Arguments in the Court of Appeals in January
Upcoming arguments in the Court of Appeals in January 2018 that may be of interest to commercial lit… Read More
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Posted: December 23, 2017
Transcripts and Videos of Arguments in the Court of Appeals for November 2017 Now Available
On November 6, 2017, we noted four cases of interest from the oral arguments before the Court of App… Read More
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Posted: December 22, 2017
General Provisions of Delaware LLC Law Do Not Trump Specific Provisions of LLC Agreement
On December 14, 2017, the First Department issued a decision in Estate of Calderwood v. ACE Group In… Read More
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Posted: December 21, 2017
Motion to Dismiss Defamation Claims Granted Based on Qualified Privilege
On December 7, 2017, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
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Posted: December 20, 2017
Split Court of Appeals Holds that RMBS Trusts Cannot Get General Contract Damages for Claims Covered by Sole Remedy Provision
On December 12, 2017, the Court of Appeals issued a decision in Nomura Home Equity Loan, Inc., Serie… Read More
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Posted: December 19, 2017
CPLR 908 Requirement for Class Notice and Court Approval Applies to Not-Yet-Certified Class Actions
On December 12, 2017, the Court of Appeals issued a decision in Desrosiers v. Perry Ellis Menswear, … Read More
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Posted: December 18, 2017
Court Declines to "Create Insurance Coverage Where None Exists" Based on Waiver Argument
On November 14, 2017, the First Department issued a decision in Illinois Union Insurance Co. v. Gran… Read More
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Posted: December 17, 2017
Party That Agreed That Arbitrator Did Not Have to Hold Hearing Cannot Vacate Award For Failure to Hold Hearing
On December 1, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: December 16, 2017
Court Explains Calculation of Undertaking on Attachment
On November 22, 2017, Justice Friedman of the New York County Commercial Division issued a decision … Read More
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Posted: December 15, 2017
Fraud Claim Dismissed for Failing to Plead Scienter With Particularity
On December 12, 2017, the First Department issued a decision in Fried v. Lehman Brothers Real Estate… Read More
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Posted: December 14, 2017
Holder of Promissory Notes Payable to Another Must Establish How It Came to Possess Them to Enforce Them
On December 5, 2017, the First Department issued a decision in 26th LS Series Ltd. v. Brooks, 2017 N… Read More
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Posted: December 13, 2017
Fraud Claim Should Not Have Been Dismissed as Time-Barred; Question of Fact Existed Regarding When Fraud Should Have Been Discovered
On December 5, 2017, the First Department issued a decision in Berman v. Holland & Knight, LLP, 2017… Read More
