You searched for: "Remedies/Damages"
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May 5, 2025
Summary Judgment Denied In Light Of Plaintiff’s Role In Defendant’s Delayed Performance
On April 11, 2025, in Seymour v. Hovnanian, Index No. 154579/2016, Justice Melissa A. Crane denied plaintiff’s motion for summary judgment seeking an order directing defendants (the “Hovnanians”) to immediately repair and remediate personal property damaged by repairs the Hovnanians had made to an adjoining property. Read More
August 27, 2021
Co-Op Owner Required to Pay Use and Occupancy For Maintenance Pendente Lite
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 20… Read More
October 14, 2015
Rescission Unavailable When Status Quo Cannot be Restored
On October 5, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 19, 2015
LLC Membership is Chattel Subject to Replevin
On August 11, 2015, the First Department issued a decision in Herman v. 36 Gramercy Park Realty Asso… Read More
February 24, 2014
First Department Rules That Disgorgement May Be Available As An Equitable Remedy For Attorney General Claims Under Martin Act and Executive Law
On February 20, 2014, the First Department issued a decision in People v. Ernst & Young, LLP, 20… Read More
October 8, 2013
A Borrower's Subsequent Bankruptcy Frees Lender from its Election of Remedies
On October 7, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
October 7, 2013
A Cautionary Tale on Attorneys' Fees
Fee shifting provisions requiring one party to a commercial agreement to pay the other side's attorn… Read More
