Articles: 1-10 of 213
Recent Commercial Division Decision Explores Interactions Between New York’s Amended Anti-SLAPP Law and Breach of Contract Claims
USA - August 29 2023 On June 9, 2023, Justice Robert Reed of the New York State Court, Commercial Division, issued a decision in Trump v. Trump, 192 N.Y.S.3d 891 (Sup. Ct…
Commercial Division Denies Car Dealership Owner’s Motion to Dismiss Suit Brought by Dealership’s Operating Companies, Puts Internal Dispute Back in Gear
USA - July 12 2023 Judge Richard Platkin of Albany County recently handed down a stark reminder to Defendant Walid Darwish: everyone has to follow the rules of the road…
Recent Commercial Division Decision Provides Examples of Both Common and Uncommon Discovery Issues
USA - June 6 2023 On April 28, 2023, Justice Reed of the New York County Commercial Division issued decisions on motions to bifurcate proceedings, compel discovery…
Commercial Division Reaffirms that a Party May Waive Right to Arbitration Through Conduct
USA - May 17 2023 How long and to what extent can a party litigate in court before claiming that the dispute needs to be arbitrated? That issue has come up with some…
Commercial Division Dismisses Duplicative Claims under the Doctrines of Res Judicata and Collateral Estoppel
USA - May 16 2023 In Haart v. Scaglia, Justice Borrok of the New York County Commercial Division partially granted the Defendant’s motion to dismiss based on the…
Commercial Division Rejects Co-Owner's Petition for Judicial Corporate Dissolution Amidst Protracted Unwinding of a Bronx Family Business
USA - May 15 2023 New York Business Corporation Law ("BCL") Sections 1104 and 1104-a permit shareholders holding a certain percentage of shares in a…
CDx Diagnostics, Inc. v Rutenberg
USA - April 26 2023 On October 12, 2022, the Commercial Division for New York County issued a decision in a consolidated series of motion sequences in CDx Diagnostics…
Commercial Division Finds Alleged Obligations Under Term Sheet Constitute Unenforceable Agreement to Agree
USA - March 30 2023 As we have written about previously, the Commercial Division has held that certain types of preliminary agreements between parties constitute…
Commercial Division Dismisses Breach-of-Fiduciary-Duty Case on Summary Judgment in Long-Running Familial Dispute
USA - March 29 2023 The Albany County Commercial Division has finally taken a years-long, intra-family dispute over the sale of several upstate Dunkin’ Donuts coffee…
The Importance of Following Proper Procedure (and the Court’s Instructions)
USA - March 27 2023 In Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., Justice Platkin of the Albany County Commercial Division denied defendants’ fact-based…
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