NYAHSA Servs., Inc. Self Ins. Trust v Defendant Inc., 12/27/2016 (Platkin, J.).

Discovery; Disclosures; Attorney-Client Privilege; Attorney Work-Product

By: Michael Joseph | Staff Writer

Plaintiff is a group self-insured trust (“GSIT”) consisting of employers in the home health-care industry operating in New York State who are required to provide workers’ compensation insurance to their employees. Defendant was a member of the GSIT for eight years. Continue reading

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Innovative Municipal Products (U.S.), Inc., v. Central Equipment, LLC, Index No. 4073/13, March 7, 2017, (Platkin, J.)

Motion for Summary Judgment; Motion to Amend a Complaint; CPLR § 3212; CPLR § 3025(b); CPLR § 2220

By: Stephen Hernandez | Staff Writer

Plaintiff and Defendant developed and implemented a joint “Tank Agreement Program” that allowed customers to lease a storage tank, with an option to buy at a reduced cost or continue to lease if they signed a multi-year purchase contract for de-icing products. Continue reading

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Lincoln Bldg. Servs. Inc. v. Dellwood Dev., Ltd., Index No. 5899/12, 02/23/17 (Dufficy, J.)

Promissory Note; Breach of Contract; Costs and Attorney’s Fees; Unjust Enrichment; Piercing the Corporate Veil; Joint and Several Liability

By: Casey Hughes | Staff Writer

Plaintiff is a New York construction corporation that privately lends money. Defendant is a limited liability company that renovates existing apartment buildings and converts them from low income rentals into condominiums. Continue reading

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Financial Guaranty Insurance Company v. Morgan Stanley ABS Capital I Inc., Index No. 652853/2014, 2/19/2017 (Friedman, J.)

Motion to dismiss; Failure to state a claim; Breach of contract; Breach of warranty

By: Kristen Barone | Staff Writer

Plaintiff, a monoline insurer, issued an insurance policy guaranteeing payments on certain securities issued in the Transaction (“the Transaction”). Continue reading

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Matter of Digeser v. Flach, Index No. 2383/13, 01/31/2017 (Platkin, J.)

Judicial Dissolution

By Denise Dessel | Staff Writer

Gould Erectors & Rigging, Inc. (“Gould”) was a corporation formed to perform commercial construction work. Gould’s owners formed Flach Crane & Rigging Co., Inc. (“Flach Crane”) as a separate corporation to insulate Gould’s assets from potential liabilities. Continue reading

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Gliklad v. Deripaska, Index No. 652641/2015, 4/25/17 (Singh, J.)

Summary Judgment; Personal Jurisdiction; Specific Jurisdiction; General Jurisdiction; Piercing the Corporate Veil; Alter Ego

By: Jared Gordon | Staff Writer

Plaintiff and Michael Cherney (“Cherney”) executed a $270 million promissory note in Russia. Plaintiff later commenced an action against Cherney in New York to enforce the note. Continue reading

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Petitioner Corp. v. Respondent Co., Index No. 655019/2016 5/15/2017 (Ramos, J.)

Manifest Disregard of the Law; Commercial Arbitration; Motion to Vacate; Fraudulent Inducement; Breach of Contract; Contractual Rescission

By: Ashleigh Shelton | Staff Member

Petitioner and Respondent entered into a series of agreements in which Petitioner sold its aspartame business to Respondent; the sales contract stated that Petitioner was in compliance with all applicable laws, and contained an arbitration clause which selected the International Chamber of Commerce (“ICC”) as its tribunal. Continue reading

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Sawchuk v. City Univ. Constr. Fund, Index No. 155304/2016, 01/13/2017 (Ramos, J.)

Motion to Dismiss; Statute of Limitations; Doctrine of Laches; State Finance Law §123-b

By: Paulina Zaferiou | Staff Writer

Defendant, City University Construction Fund (“CUCF”), solicited proposal requests for a public works contract. Continue reading

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Matter of 2225 46th St., LLC v. Hahralampopoulos, 1/17/2017 (Dufficy, J.)

Real Property; Equity; Strict Liability; RPAPL §881

By: Carolina Boutureira | Staff Writer

Plaintiff wished to complete a demolition to construct a new building. In order to perform the demolition, Plaintiff needed to encroach on eighteen adjoining properties owned by Defendants. Continue reading

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How Bar Association Membership Can Help Law Students Ignite Their Professional Passion

By: Daniel K. Wiig | In-House Counsel to Municipal Credit Union

Recently, a well-known and long-standing media personality came up in conversation with a friend.  “Why is she still working?” asked the friend, who further noted the personality’s long tenure in broadcasting and likely wealth accumulation.  “She doesn’t need to work anymore,” concluded the comment.

“Well, I don’t think she really is working,” responded me. Continue reading

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