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Posted: November 3, 2017
Arbitrability of Claim Determined by the Arbitrator Where Agreement Incorporates Rules of the London Court of International Arbitration
On October 12, 2017, the Court of Appeals issued a decision in Garthon Bus. Inc. v. Stein, 2017 NY S… Read More
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Posted: November 2, 2017
Valid Threats of Patent Litigation Against Customers Not Tortious Interference
On October 24, 2017, the First Department issued a decision in Lotes Co., Ltd. v. Hon Hai Precision … Read More
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Posted: November 1, 2017
Breach of Contract May be Breach of Fiduciary Duty, But Only for Professionals
On October 19, 2017, the First Department issued a decision in Panattoni Development Co., Inc. v. Sc… Read More
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Posted: October 31, 2017
Fee Award Vacated Due to Trial Court's Failure to Consider All Relevant Factors In Awarding Fees
On October 19, 2017, the First Department issued a decision in EVUNP Holdings LLC v. Frydman, 2017 N… Read More
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Posted: October 30, 2017
Regardless of Merits, Court Should Not Have Granted Injunction When Money Damages Sufficient
On October 19, 2017, the First Department issued a decision in JSC VTB Bank v. Mavlyanov, 2017 NY Sl… Read More
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Posted: October 29, 2017
Fraud Plaintiff Was Unreasonable in Relying on Representation Contradicted by Term Sheet
On October 13, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
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Posted: October 28, 2017
Court Refuses to Issue Injunction Enforcing Restrictive Covenants
On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
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Posted: October 27, 2017
Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud
On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY … Read More
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Posted: October 26, 2017
Action Dismissed Because Plaintiff's Counsel Did Not Maintain Office in New York
On October 17, 2017, the First Department issued a decision in Arrowhead Capital Finance, Ltd. v. Ch… Read More
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Posted: October 25, 2017
Malpractice Claim Untimely Based on Out-of-State Limitations Period Under Borrowing Statute
On October 17, 2017, the First Department issued a decision in Centre Lane Partners, LLC v. Skadden,… Read More
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Posted: October 24, 2017
Action Dismissed for Failure Timely to Serve Complaint
On October 10, 2017, the First Department issued a decision in Goldstein Group Holding, Inc. v. 310 … Read More
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Posted: October 23, 2017
Bringing Action for Rescission/Reformation of Contract Not Anticipatory Breach of That Contract
On October 19, 2017, the Court of Appeals issued a decision in Princes Point LLC v. Muss Development… Read More
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Posted: October 22, 2017
Default Judgment Vacated Because of Possible Misrepresentations in Complaint
On October 10, 2017, Justice Knipel of the Kings County Commercial Division issued a decision in Dea… Read More
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Posted: October 21, 2017
Court Allows Malpractice Claim Against Firm for Failure to Supervise Partner Go Forward
On September 29, 2017, Justice Masley of the New York County Commercial Division issued a decision i… Read More
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Posted: October 20, 2017
Question of Fact Regarding Whether Time Was of the Essence Precludes Summary Judgment
On October 2, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Scott R… Read More
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Posted: October 19, 2017
Plaintiff Lacked Standing to Assert Claims for Damage to Affiliate
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More
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Posted: October 18, 2017
Court of Appeals Grants Leave to Appeal in Case Involving Enforceability of Deed Covenant to Provide Free Electricity
On October 17, 2017, the Court of Appeals granted leave to appeal in Niagara Mohawk Power Corp. v. A… Read More
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Posted: October 17, 2017
Foreign Defendants Found Not to Be Subject to Personal Jurisdiction in New York
On October 10, 2017, the First Department issued a decision in IMAX Corp. v. Essel Group, 2017 NY Sl… Read More
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Posted: October 16, 2017
Appeal Timely Notwithstanding That Notice of Appeal Was Rejected by Clerk
On October 10, 2017, the First Department issued a decision in Perlbinder v. Board of Managers of th… Read More
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Posted: October 15, 2017
Res Judicata Effect of Prior Award is For Arbitrator, Not Court, to Decide
On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Gi… Read More
