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Posted: December 12, 2017
Cause of Action for Damage to RMBS Trust Occurs Where Trust is Located
On December 5, 2017, the First Department issued a decision in Deutsche Bank Natl. Trust Co. v. Barc… Read More
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Posted: December 11, 2017
Derivative Action Plaintiff Loses Standing--And Action Must Be Dismissed--If It Sells Its Ownership Interest
On December 6, 2017, the Second Department issued a decision in Jacobs v. Cartalemi, 2017 NY Slip Op… Read More
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Posted: December 10, 2017
Claim for Misappropriation of Ideas Dismissed on Summary Judgment
On November 14, 2017 Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
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Posted: December 9, 2017
Conversion Claim Cannot be Based on Money Owed By Contract
On November 22, 2017, Justice Masley of the New York County Commercial Division issued a decision in… Read More
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Posted: December 8, 2017
50% Shareholder Must Bring Derivative Action, Not Action in Name of Corporation, Against Other 50% Shareholder
On November 9, 2017, Justice Ramos of the New York County Commercial Division issued a decision in U… Read More
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Posted: December 7, 2017
Court Awards Fees to Prevailing Party But Refuses to Award Fees on Fees
On November 22, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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Posted: December 6, 2017
Court Denies Motion to Disqualify Counsel Because Prior Representation Was Not Substantially Related to Present One
On November 21, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: December 5, 2017
Plaintiff Without Standing to Bring Derivative Action Not Entitled to Fee Award Under BCL Sec. 626
On November 29, 2017, the Second Department issued a decision in Sakow v. Waldman, 2017 NY Slip Op. … Read More
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Posted: December 4, 2017
No Jurisdiction Over Defendants If Proper Service Under the CPLR Is Not Made, Even if Defendants Received the Documents
On November 29, 2017, the Second Department issued a decision in Josephs v. AACT Fast Collections Se… Read More
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Posted: December 3, 2017
Party Cannot Be Held in Contempt for Failing to Pay a Fee Award
On November 29, 2017, the Second Department issued a decision in Liang v. Yi Jing Tan, 2017 NY Slip … Read More
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Posted: December 2, 2017
Implied Covenant of Good Faith Cannot be Used to Create New Contract Rights
On November 16, 2017, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: December 1, 2017
Litigation Privilege Bars Defamation Claim
On November 28, 2017, the First Department issued a decision in Peters v. Coutsodontis, 2017 NY Slip… Read More
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Posted: November 30, 2017
Court Erred in Converting Motion to Dismiss into Motion for Summary Judgment
On November 28, 2017, the First Department issued a decision in Island Intellectual Prop. LLC v. Rei… Read More
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Posted: November 29, 2017
K-1s Not Dispositive Proof of Partnership Interests
On November 28, 2017, the First Department issued a decision in Rakosi v. Sidney Rubell Co., LLC, 20… Read More
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Posted: November 28, 2017
Jury Trial Waiver in Escrow Agreement Governed Suit on Related Purchase Agreement
On November 21, 2017, the First Department issued a decision in Highbridge House Ogden LLC v. Highbr… Read More
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Posted: November 27, 2017
No Claim Against Insurer for Breach of the Covenant of Good Faith and Fair Dealing Absent “Foreseeable Consequential Damages”
On October 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
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Posted: November 26, 2017
Court Refuses to Award Fees for Almost 100 hours of Work on Motion to Compel
On November 3, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: November 25, 2017
Tenant Must Seek Yellowstone Injunction Before Cure Period Ends
On November 22, 2017, the Second Department issued a decision in Riesenburger Properties, LLLP v. Pi… Read More
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Posted: November 24, 2017
Cayman Islands Procedural Law Does Not Apply to Derivative Claims of Cayman Entity in New York Lawsuit
On November 20, 2017, the Court of Appeals issued a decision in Davis v. Scottish Re Group Ltd., 201… Read More
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Posted: November 23, 2017
If a Debtor Controls Funds Escrowed to Pay Specific Creditors, Those Funds Are Subject to Other Creditors' Claims
On November 15, 2017, the Second Department issued a decision in Freedman v. Hason, 2017 NY Slip Op.… Read More
