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No breach of fiduciary duty where allegation of trust and reliance is not reasonable

USA - May 20 2013 In Pappas v. Tzolis, an action between former members and managers of an LLC, the Court of Appeals addressed the question of whether one member…

Victor M. Metsch.

Measure of damages for breach of contract to sell real property is enunciated

USA - May 20 2013 The Farrell family agreed to sell their lakeside property in Skaneateles, New York to the White family for the $1.725 million asking price with a $25…

Victor M. Metsch.

Express choice of New York law in contract trumps conflict of laws analysis

USA - May 20 2013 In IRB-Brasil Resseguros, S.A. V. Inepar Investments, S.A., one defendant issued a $30 million note and, in connection therewith, executed certain…

Victor M. Metsch.

Sophisticated parties held to language of agreements

USA - May 20 2013 The Court of Appeals recently issued three decisions that, when considered both individually and together, hold business people to the terms of their…

Victor M. Metsch.

Tax law subjecting online retailers, without a physical presence in the state, is not unconstitutional

USA - May 20 2013 In Overstock.com, Inc. v. New York State Dept. of Taxation & Fin., the Court of Appeals considered a 2008 amendment to Tax Law § 101(b)(8)(vi)…

Victor M. Metsch.