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Updated:
Arbitration Decision Vacated as Irrational
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Updated:
Loan Charging Criminal Usury Rates Supports Vacatur of Default
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Updated:
Enforcing Non-Compete Provision Does Not Give Rise to Business Tort
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Updated:
Did Bad Faith Vitiate Managing Member’s Absolute Discretion Under Parties’ Operating Agreement?
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Updated:
Trivial Defect Doctrine in Trip and Fall Claim May Not Rest on Defect’s Size
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Updated:
Strong-Arm Tactics in Threatening Litigation and Collection Precludes Injunctive Relief
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Updated:
Being “Overwhelmed by Paperwork” Is Not Fraud
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Updated:
Alleged Mistake Insufficient to Avoid Arbitration
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Updated:
Lawsuit Against Online Reviewer Deemed Anti-SLAPP Suit
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Supreme Court: Arbitration Agreements Are Treated like Contracts
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Fiduciary Relationship Based on Longstanding Relationship
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Updated:
Lender Entitled to Rely on “Facially Valid” Notarization
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Impossibility of Payment No Defense to Failure to Close
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Updated:
Right to Set Breach of Contract Accrual Dates
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Court Affirms Decision Compelling Arbitration at Location Other than as Agreed to
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New York Court of Appeals Rules Corporate Convertible Loans May Be Subject to Usury Laws
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ERISA Claims Are Not Employment Related and Not Subject to Arbitration
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Court Sends Question of Arbitrability to Arbitrators
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Updated:
Court Modifies Arbitration Agreement Striking Unconscionable Provisions
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Updated:
Court Refuses to Disqualify “Wing” Arbitrators
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Updated:
W-9 Form Not Required to Enforce Settlement Agreement
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Updated:
Nonarbitrable Claims Inextricably Interwoven with Arbitrable Issues Required to Be Arbitrated
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Fiduciary Relationship Supporting Constructive Trust Claim Not Undermined by Unclean Hands
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Service of Process in Accordance with Arbitration Rules Deemed Good Service
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Party Waives Appellate Review of Arbitration Award
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A “Reasonable Offer” Can Be Sufficiently Definite to Enforce an Agreement
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Property Owner Liable for Tenant’s Trademark Infringement
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Inability to Close Allows Seller to Retain Downpayment
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Shortened Statute of Limitations Period Rejected Where Accrual Date and Circumstances Unknown
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Bank Not Required to Ascertain Claims of Authority to Borrow Money on Behalf of an Entity
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Updated:
“Visual Barrier” Insufficient to Make out Adverse Possession Claim
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Updated:
Unsigned Employment Contract Enforced
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Updated:
Recent Case Asserting COVID-19 Defense Fails
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Updated:
Multiple Claims of Breach Dismissed as “Lacking Specificity”
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Updated:
Prior Conduct in Adjourning Closings May Preclude Default in Failing to Close
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Updated:
Offer to Pay for an Extended Closing Date Insufficient to Avoid Default
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Updated:
Contractual Obligations In a World of COVID-19
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Updated:
Arbitration Award Vacated as Violative of Public Policy
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Updated:
Buyer’s Refusal to Close with Dissolved Corporation Held a Breach of Contract
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Court Enforces Unsigned Agreement
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Updated:
One Mechanics’ Lien Proper for Work on Multiple Sites
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Updated:
Discretionary Contract May Not Be Exercised in Bad Faith
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Party Demanding Relief Not Available under Contract Terms Found in Default
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Failure to Respond to Emails May Be Deemed Repudiation of a Contract
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Updated:
Judgment Against Guarantor Granted Even as Obligor’s Payments Were Discounted
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Arbitration Award Procured by Fraud is Vacated
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Updated:
The Freedom to Contract — Affirmed and Explained
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Claimant May Avoid Obligation to Arbitrate Due to Cost
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Community Garden Wins Adverse Possession Claim
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Updated:
Court Enforces Unsigned Rider to Contract
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Updated:
Insurance Company’s Bad-Faith Investigation Forms Basis for a Deceptive Business Claim
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Updated:
Three Million Dollar Default Arbitration Award Allowed to Stand
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Updated:
Court Refuses to Blue-Line Non-Compete Agreement
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Updated:
Divided California Supreme Court Refuses to Compel Yelp to Remove Review
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Updated:
Lawsuit Proceeds Despite Plaintiff’s Release of Defendant
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Arbitration Decision Denying Broker a Commission Overturned
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Updated:
Don’t Ask for a “Lawyer Dog”
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Updated:
Another Case Where Non-Compete/Confidentiality Provisions are Found Unenforceable
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Updated:
Anticipatory Breach Allegation Dressed as Declaratory Relief
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Two Recent Trade Secret Cases Fail to Find That Secrets Existed or Were Capable of Protection
:
Updated:
Guarantor’s Liability Greater than Obligor’s
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Vague Real Estate Contract Enforced
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Updated:
How Apple Uses Foreign Trademark Applications to Hide New Products and Names
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Updated:
Modified Brokerage Agreement Enforced as Settlement Agreement
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Updated:
Failure to Review Insurance Policy Does Not Bar Insured’s Potential Recovery
:
Updated:
Minimum Requirements to Maintain Information as a Trade Secret
:
Updated:
Bad Faith Reservation of Rights by Insurance Company Defeats Breach Claim Against its Insured
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Updated:
Can One Recover for Fraud in the Absence of Damages?
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Fire Destroys Contractual Obligations
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Updated:
Identical Trademarks Found Not Infringing
:
Updated:
Consolidation of Two Mortgages Deemed to Be One Loan
:
Updated:
Amazon resists request for Echo in connection with Arkansas slaying
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Updated:
An Unsuccessful Lawsuit Seeking to Cancel a Contract Is Itself a Breach
:
Updated:
New Science Concerning Shaken Baby Syndrome Supports Defendant’s Motion to Vacate Conviction
:
Updated:
Insurance Policy Does Not Cover Trademark Infringement
:
Updated:
Cybersquatting/Domain Name Dispute Requires Proof Even on Default
:
Updated:
Landlord’s Failure to Provide Space Compliant with Certificate of Occupancy Undermined Claim That Tenant Breached the Lease
:
Updated:
A Surname Cannot Be Registered as a Trademark Even When it Is Not a Surname
:
Updated:
Bizarre Claim of Assumed Risk Rejected
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Updated:
Rabbinical Court Immune from Lawsuit
:
Updated:
Lack of Damages No Bar to Rescinding Contract to Purchase Condominium
:
Updated:
Lack of “Use” Undermines Common-Law Trademark Claim
:
Updated:
Apple Refused Trademark Registration for IPOD Mark on its Instructional Pamphlet
:
Updated:
Finding No Consideration Court Refuses to Enforce Non-Compete Agreement
:
Updated:
Recent News on Arson Science
:
Updated:
Long-held Beliefs about Arson Science Have Been Debunked
:
Updated:
Court Grants Discharge of Residential Mortgage after Foreclosure Action Is Dismissed
:
Updated:
Laws Struggle to Keep Up as Hoverboards’ Popularity Soars
:
Updated:
Court Compels Cablevision to Disclose Identify of Parties Posting to Yelp.com
:
Updated:
Guest Post: Avoid LegalZoom
:
Updated:
Buyer Not Obligated to Close on Property for Which He Does Not Have Exclusive Use
:
Updated:
Landlord Cannot Collect More than Actual Damages
:
Updated:
Right to Privacy Is Not Absolute
:
Updated:
Failure to Show “Use” Defeats Trademark/Service Mark Registration
:
Updated:
Real Estate Broker Entitled to Recover the Value of Its Services
:
Updated:
Transfer of Looted Company Held Valid
:
Updated:
The Kati Dispute
:
Updated:
S&P Is Forced to Provide Broad Access of its Books to Shareholders
:
Updated:
Violating Confidentiality Agreements
:
Updated:
Arbitration Proceeding Held on Sunday Invalidates Arbitration Award
:
Updated:
Protective Order Renders Commercial Contract Impossible to Perform
:
Updated:
Board Member’s Vote for Disputed Conduct Not Deemed Bias for Demand in Derivative Action
:
Updated:
Court Finds the Word “Control” to Be Ambiguous and Affirms $17.2 Million Malpractice Award
:
Updated:
Important–Required–Reading for Employers and Employees
:
Updated:
New York State High Court Refuses to Force Parties to Negotiate Forever
:
Updated:
Court Enforces Plain Language of Insurance Policy
:
Updated:
Applicable Florida Law Held “Truly Obnoxious” and Not to Be Enforced in New York
:
Updated:
Measuring Damages in Broken Real Estate Transactions
:
Updated:
Did The Sale of “Gray Goods” Mushrooms Infringe a Grower’s Trademark?
:
Updated:
Obama Care and the Sale of an Interest in a Privately Held Entity
:
Updated:
Meaningful Changes Come to NY’s Non-Profit Laws
:
Updated:
Another Reason Not to Accept Every LinkedIn Invite
:
Updated:
Failure to Verify Details of Disputed Credit Report Undermines Experian’s Claims
:
Updated:
Offering Plan for Condominium Building Deemed Contract with Unit Buyers
:
Updated:
Substituted Service of Process on Co-Defendant Ruled Insufficient
:
Updated:
Court Applies Pre-Suit Notice for Non-Foreclosure Action Based on Mortgage Note
:
Updated:
Insurance Policy Applies Even With Wrong Party Named
:
Updated:
Email Agreement Creates Enforceable Settlement
:
Updated:
Carrier Compelled to Cover Loss on Empty House
:
Updated:
The Facts Behind the Infamous McDonald’s Coffee Spill Verdict
:
Updated:
Corporation Permitted to Sell its Sole Real Estate Holding as Being in the Regular Course of Business
:
Updated:
New Jersey Court Creates Liability for Sending Text Message
:
Updated:
Is “Dirty” Defamatory?
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Updated:
Client Sues His Lawyer–for Copyright Infringement
:
Updated:
Avis Cannot Bury Additional Fees in its Contract
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Updated:
Arbitrator’s Application of Incorrect Law Basis for Vacatur of Arbitration Decision
:
Updated:
Interest Rate on $1.13 Million Secured Loan Deemed Usurious and Unenforceable
:
Updated:
More on Judge Schack vs. HSBC
:
Updated:
Court Enforces Contract “Boiler-Plate” Language
:
Updated:
Court Dismisses Madoff Investors’ Claim Against the SEC
:
Updated:
Dismissal of Foreclosure Action Does Not Stay Statute of Limitations Period to Foreclose
:
Updated:
Bank Not Entitled to Recover Expenditures for Marketing a Foreclosed Property
:
Updated:
The Bridesmaids Had No Dresses-but Were the Damages Sought Speculative?
:
Updated:
Property Inspection Part II-from a Haunted House to the Bat Cave
:
Updated:
An Unqualified Offer to Pay a Reward Cannot Be Later Qualified or Negotiated
:
Updated:
Sophisticated Party Again Fails to Do its Own Investigation
:
Updated:
Is There a “Haunted House” Exception in Real Estate Contracts?
:
Updated:
Special Relationship May Defeat Usury Defense
:
Updated:
Gifts Cannot be Forced
:
Updated:
So Poker Is Not Illegal? Not So Fast
:
Updated:
Unjust Enrichment Claim Fails Because of the Lack of a Relationship Among Parties
:
Updated:
Court Requires Identification of Trade Secrets
:
Updated:
Trademark Claims for Gripe-Site Falls Flat
:
Updated:
Selling Shareholders’ $900 Million Fraud Claim Dismissed for Failing to Investigate
:
Updated:
Wrongful Conduct Does Not Allow for Retaliation
:
Updated:
Do the Names Potenza, Turanza and Milanza Confuse You?
:
Updated:
How Much of Your Information Is Available to the Public?
:
Updated:
Incomplete LLC Documents Invite Lawsuits
:
Updated:
Do You See Starbucks When You Read Charbucks?
:
Updated:
New York State Gyms Are Required to Have a Defibrillator on Site, But Must They Use Them?
:
Updated:
Second Department Joins Third and Fourth Departments in Deciding That Revised Adverse Possession Laws Are Not Applied Retroactively
:
Updated:
Compelling the Removal of Air Conditioner Unit in Co-op Deemed Violation of Fair Housing Act
:
Updated:
“Hot-News” Misappropriation Liability Cools Off
:
Updated:
Owner of Valuable Sports Car Recovers for Depreciation Caused by Accident
:
Updated:
Court Allows Landlord’s Nuisance Case Against Tenants to Continue in New York County Supreme Court
:
Updated:
Kings County Judge Orders Bank CEO to Appear at Foreclosure Sanctions Hearing
:
Updated:
New York’s Highest Court Considers a Website’s Liability for Defamatory Statements
:
Updated:
Naked Licensing, Trademarks and a Consumer’s Right to “High Quality”
:
Updated:
Can You Defame Yourself?
:
Updated:
Selling Your Life Insurance Policy
:
Updated:
Revisiting Commercial Competition in New York
:
Updated:
Court Denies Petitioner’s Request to Change Parent on Birth Certificate
:
Updated:
Creditor Overreached in Dealing with Unrepresented Defendant
:
Updated:
Robo-Signed Affidavit Sufficient to Establish Liability
:
Updated:
Defective Default Notice Dooms Foreclosure Action
:
Updated:
Court Dismisses Foreclosure Action Where Loan Could Not Be Described
:
Updated:
Bank’s Foreclosure Papers Were “Greatly Distressing” and Sanctions Could Be Assessed
:
Updated:
Electronic Contracts – The “New” Agreement?
:
Updated:
Bank’s Trespass Results in Sanctions against Bank of $155,000
:
Updated:
Dramatic Changes to Residential Foreclosure Laws
:
Updated:
Division of Marital Assets Cannot Be Changed Post-Madoff Fraud
:
Updated:
Attempted Service at Foreclosed Property Insufficient
:
Updated:
Heart Attack Three Years after Accident Possibly Related
:
Updated:
Buyer’s Death Requires Heirs to Close
:
Updated:
Court Compels Borrower and Lender to “Split the Difference”
:
Updated:
Dogs That Attack Neighbor Not Euthanized
:
Updated:
Bank Sanctioned and Existing Mortgage Discharged
:
Updated:
No Act of G-d in Failing to Maintain Sewer
:
Updated:
Competition and Existing Contracts
:
Updated:
Oral Promise Does Not Extend Note’s Maturity Date
:
Updated:
Sale of Unsafe Car Breaches Warranties
:
Updated:
Placing Items in Shopping Bag Is Not Theft
:
Updated:
Cars Illegally Parked in Bus Stop May be Liable for Personal Injuries
:
Updated:
Damages from Cut Drainage Pipe Deemed Ongoing Trespass
:
Updated:
Lawyer’s Failure to Disclose May Be Malpractice
:
Updated:
Mayor’s Term Limit Extension Found Lawful
:
Updated:
Defect in Assignment Defeats Bank’s Foreclosure Action
:
Updated:
Moviegoer Assumes Risk of Eating Popcorn
:
Updated:
Non-Compete Agreements and Business Secrets
:
Updated:
Deficiency Judgment in Foreclosure Action Time Barred
:
Updated:
Accepting Check Waives Right to Sue
:
Updated:
Policy Exclusion No Bar to Recovery of Consequential Damages
:
Updated:
Bidder must Pay Taxes and Interest Due on Foreclosed Property
:
Updated:
Question of Usury Precludes Judgment
:
Updated:
Lease Restrictions Ineffective to Prevent Pizzeria Expansion
:
Updated:
Candy Land (the candy) vs. Candy Land (the game)
:
Updated:
“Get Out of My Backyard” Adverse Possession Claims
:
Updated:
Woman Who Died Day after $150,000 Future Pain and Suffering Award Still Entitled to Payment
:
Updated:
Punitive Damages Properly Awarded for Disclosing Medical Information
:
Updated:
Tenant Expelled from Ship Is Entitled to Residency Payment
:
Updated:
No Default Found Where Bank Failed to Deduct Payments
:
Updated:
Games of Chance–a Risky Proposition
:
Updated:
Yacht Found to Be a Home
:
Updated:
Disloyal Employee May be Liable to Employer Even Absent Injury
:
Updated:
Felony Conviction for Cruelty to Goldfish
:
Updated:
Significant Changes to NY LLC, PLLC and LLP Publication Laws
:
Updated:
Employee That Learned Trade Secrets from Plaintiff Many Not Use Those Secrets at Competitor
:
Updated:
Photo of Hasidic Man Deemed Art
:
Updated:
Inactivity of Trust Managers Deemed Negligence
:
Updated:
Director of Non-Profit Improperly Removed
:
Updated:
Don’t Forget the Gripe Site
:
Updated:
Use of Weight Watchers’ Point System Found Confusing
:
Updated:
Insurance Policy Exclusion, Used Only as Definition, Is Given No Effect
:
Updated:
Traditional Cheese Not Entitled to Trademark Protection
:
Updated:
Animal Shelter Compelled to Release Contact Information of Adopter
:
Updated:
Staying at Job Post Termination Notice Entitles Employee to Severance
:
Updated:
Waiver Valid, Suit Against Gym Dismissed
:
Updated:
Lemon Law Only Covers Vehicles with less than 100,000 Miles Even If New Transmission Is Installed
:
Updated:
Notice of Condition Which Can Cause Mold May Be Sufficient for Liability to Tenant
:
Updated:
Domain Name Found to Be a Contract Right
:
Updated:
Santa Did Not Violate His Own Copyright
:
Updated:
Restaurant May Be Liable for Exploding Water Glass
:
Updated:
Sale of Outdated Food Products Deemed Misleading Sales Practice
:
Updated:
Confusing Rent Demands Warrant Dismissal
:
Updated:
Trademark Infringement Found Even Though Product Bearing Infringed Mark Was Not Available In The U.S
:
Updated:
Federal Ban On Unsolicited Faxes Stands
:
Updated:
Proof Of Collectibility Not Required For Legal Malpractice Claim
:
Updated:
Sexual Assault Deemed Accident Under Insurance Policy
:
Updated:
Mother May Recover For Emotional Distress of Malpractice
:
Updated:
Possible Liability For Damages Under Law Later Found Unconstitutional
New York Business Litigation Lawyer Blog