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Posted: November 22, 2017
Mere Error in Judgment Cannot Be Basis for Malpractice Claim
On November 14, 2017, the First Department issued a decision in Smith, Gambrell & Russell, LLP v. Te… Read More
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Posted: November 21, 2017
Expert Testimony Required to Support Claim for Architectural Malpractice
On November 15, 2017, the Second Department issued a decision in Herman v. Franke, Gottsegen, Cox Ar… Read More
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Posted: November 20, 2017
Fraud Claim Time-Barred; Plaintiffs Failed Timely to Take Action After They Had Inquiry Notice of Claim
On November 14, 2017, the First Department issued a decision in Moses v. Dunlop, 2017 NY Slip Op. 07… Read More
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Posted: November 19, 2017
Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
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Posted: November 18, 2017
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Administrative Board of the Courts has asked for public comment on a proposed change to the Comm… Read More
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Posted: November 17, 2017
Party Not Entitled to Commission for Out-of-State Deposition
On November 16, 2017, the First Department issued a decision in Matter of Part 60 RMBS Put-Back Liti… Read More
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Posted: November 16, 2017
Non-Party With Knowledge of Order Held in Contempt for Violating It
On November 14, 2017, the First Department issued a decision in Tishman Construction Corp. v. United… Read More
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Posted: November 15, 2017
Resolving Split, Third Department Rules That Motion to Amend Requires No Showing of Merit
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
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Posted: November 14, 2017
Successor Judge Should Have Adhered to Prior Judge's Holdings Under Law of Case Doctrine
On November 9, 2017, the First Department issued a decision in Glaze Teriyaki, LLC v. MacArthur Prop… Read More
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Posted: November 13, 2017
Reports Prepared by Consultant During Investigation of Claims Held Not Privileged or Work Product
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
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Posted: November 12, 2017
Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues
On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
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Posted: November 11, 2017
Court Allows Contract Claim Based on Defendant's Alleged Control of Contracting Party
On October 24, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: November 10, 2017
Agreement Binding Even Though Parties Envisioned Further Negotiations Over Non-Material Terms
On November 9, 2017, the Fourth Department issued a decision in RES Exhibit Services, LLC v. Genesis… Read More
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Posted: November 9, 2017
Transcripts and Videos of Arguments in the Court of Appeals for October 2017 Now Available
On October 3, 2017, we noted a case of interest from the oral arguments before the Court of Appeals … Read More
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Posted: November 8, 2017
Representation of Business Owners Not Representation of Business for Conflict Purposes
On October 23, 2017, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: November 7, 2017
Fiduciary Duty Claim Dismissed as Duplicative of Contract Claim
On November 2, 2017, the First Department issued a decision in Elmrock Opportunity Master Fund I, L.… Read More
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Posted: November 6, 2017
Upcoming Arguments in the Court of Appeals in November
Upcoming arguments in the Court of Appeals in November 2017 that may be of interest to commercial li… Read More
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Posted: November 6, 2017
Contract That Did Not Recite Past Consideration Upon Which it Was Based Unenforceable
On November 2, 2017, the First Department issued a decision in Korff v. Corbett, 2017 NY Slip Op. 07… Read More
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Posted: November 5, 2017
Bank Not Allowed to Amended its Answer to Change Statement It Claims Was Mistaken
On October 23, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: November 4, 2017
New York Attorney Rates Found Reasonable in Nevada Litigation
On October 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
