CHANGING VENUE PURSUANT TO CPLR 510(3)
- Dec 18 2020
Venue in litigation is where the trial of an action will take place. Venue, which is governed by Article 5 of the CPLR, is initially chosen by the plaintiff at …
Category: Commercial Litigation
“Self-Styled ‘Long-Established and Well-Regarded’ Commodities Futures Commission Merchant” Loses Fraud Claim On Justifiable Reliance Grounds
- Dec 16 2020
To plead a claim for fraud in the inducement or fraudulent concealment, a plaintiff must allege facts to support the claim that it justifiably relied on the alleged misrepresentations. A …
Fraud and The Alleged Failure to Register Under BCL § 1312(a)
- Dec 14 2020
In New York, foreign entities – that is, corporations, limited liability companies and partnerships authorized to do business in another jurisdiction or country – are required to register to business …
SECOND DEPARTMENT RECONCILES TWO “SEEMINGLY CONTRADICTORY” PROVISIONS IN COMMERCIAL LEASE SO AS TO GIVE EFFECT TO BOTH
- Dec 11 2020
The New York Court of Appeals has described as “familiar and eminently sensible,” the proposition of law “that, when parties set down their agreements in a clear, complete document, their …
“TO THE VICTOR BELONGS THE SPOILS” — UNLESS RULE 202.48 OF THE UNIFORM CIVIL RULES FOR THE SUPREME COURT AND THE COUNTY COURT GETS IN YOUR WAY
- Dec 4 2020
According to Wikipedia, New York Senator William L. Marcy coined the phrase “to the victor belong the spoils” when “referring to the victory of Andrew Jackson in the election of …
Misrepresentations Concerning Intent Not to Perform Are Not The Same As Misrepresentations Concerning The Ability to Perform For Duplication Purposes
- Dec 2 2020
“A cause of action for fraud does not arise when the only fraud charged relates to a breach of contract.” Krantz v. Chateau Stores of Can. Ltd., 256 A.D.2d 186, …
New York Court Appeals Holds Liquidated Damages Provision in a Surrender Agreement to Be an Unenforceable Penalty
- Nov 30 2020
In Trustees of Columbia Univ. in the City of N.Y. v. D’Agostino Supermarkets, Inc., 2020 N.Y. Slip Op. 06937 (Nov. 24, 2020) (here), the New York Court of Appeals was …
Court Holds The McCoys Were On Inquiry Notice of Defendants’ Alleged Fraud
- Nov 25 2020
Hang on Sloopy was a hit song in the mid-1960s. Years later, the band that performed and recorded the song – the McCoys – claimed that they were cheated out …
First Department Affirms Finding That Transfer of Property to Newly Created Company To Avoid Foreclosure Judgment Fraudulent For Purposes of Former DCL § 276
- Nov 23 2020
Sometimes, a case involves facts and circumstances that, on their face, lead a court to determine that a fraud was committed. Such was the case in First Franklin Fin. Corp. …
THE ADMINISTRATIVE JUDGE FOR SUFFOLK COUNTY HAS PROMULGATED NEW RULES, EFFECTIVE NOVEMBER 23, 2020, TO ADDRESS THE COURT SYSTEM’S RESPONSE TO THE RECENT SURGE IN COVID-19 CASES
- Nov 20 2020
On November 4, 2020, this Blog (the “November 4 Blog”) provided an update on the New York State Court system’s preparation for the anticipated surge in COVID-19 cases. On November …
