Tag Archives: breach

Turner Constr. Co. v US Framing Inc., Index No. A00193/2013, 11/06/15, (Platkin, J.)

Contract; breach; Repudiation; Rescission By Lauren Tucker | Staff Writer Plaintiff is a construction company, who entered into a contract with a non-party to provide general construction services. Defendant is a framing company. Plaintiff entered into a contract (“Subcontract”) with … Continue reading

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Matter of Allied Healthcare Shareholder Litig., Index No. 652188/2011, 10/23/15 (Ramos, J.)

Shareholders’ Derivative Action; Settlement; Fiduciary Duty; Breach By: Yan Borodanski | Staff Writer Plaintiffs were shareholders of common stock of the three defendant-companies. Plaintiffs filed class action derivative suits against defendants to prevent defendants from merging with one another. Plaintiffs … Continue reading

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Nassau Cnty. v. New York State Urban Dev. Corp Index No. 002750-04/2015, 3/30/15 (Destefano, J.)

Contract; breach; motion to dismiss; affirmative defense; consideration. By Judith Balasubramaniam | Staff Writer Plaintiff is Nassau County. Defendant is a public benefit corporation of New York. The New York legislature appropriated funds to defendant towards the construction of an … Continue reading

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Shareholder Representative Services LLC. V. Sandoz Inc., SANDOZ AG, SANDOZ INTERNATIONAL GmbH, Jeff George and Christina Ackerman, Index No. 653506/2013, 03/16/2015 (Bransten, J.)

Merger Agreement; breach; Failure to state a Claim; breach of the merger agreement. By Ashley Prinz | Staff Writer Plaintiff, Shareholder Representative Services LLC (“SRS”) represents former shareholders of Oriel Therapeutics Inc. (“Oriel), a generic pharmaceutical company. Oriel entered into … Continue reading

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Hildene Capital Mgmt v. Bank of NY Mellon, Index No. 650980/2010, 03/16/2014 (Sherwood J.)

Tortious Interference with a Contract; breach. By Michael Ferri | Senior Staff Writer Defendant REIT sold trust-preferred securities (TruPS) to a collateralized debt organization (CDO). CDO then sold notes under an Indenture Agreement (Indenture) to plaintiff’s noteholders, among others. Four … Continue reading

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Morgan Stanley Mortgage Loan Trust 2007-2AX v. Morgan Stanley Mortgage Capital Holdings LLC, Index No. 650339/2013 (Friedman, J.)

Contract; breach; Residential Mortgage-Backed Securities. By Evan Jaffe | Staff Writer Plaintiff, as Trustee, brought suit for breach of contract for a residential mortgage-backed security (RMBS). Plaintiff alleged Defendant Morgan Stanley, as “sponsor” and “seller” of the Trust, selected the mortgage loans … Continue reading

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Tawil v. Spitzer, Index No. 652720/2011, 09/29/14 (Oing, J.).

By: Quinn Wetherall | Contributor Debtor Creditor Law; Violated; Fiduciary duty; Breach; Plaintiffs owned membership interests in Nashville Properties, LLC. Defendants Spitzer and Steinberg were managing members of Nashville. Nashville owned a 66% interest in 401 Church Street, LLC. In the … Continue reading

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Embroidery Industries, Inc., v. RVC Enterprises, LLC, ROC Fashions, LLC, and Aussie Fashions, LLC., Index No. 652827/2012, 10/7/2014 (Sherwood, J.).

By Kevin Wong | Staff Writer Breach; contract; Default Judgment; damages Plaintiff sued defendants for alleged non-payment for goods. Plaintiff’s motion seeking default judgment in the amount of $942,079.21 plus interest, costs, and disbursements was unopposed because of the defendants’ … Continue reading

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National Grid v. Albany Engineering Corp., NY Slip Op 51463(U) (2014) (Platkin, J.).

Contract; breach; affirmative covenant; breach; deed; privity; running with the land; perpetual burden By: Michael Vandermark Plaintiff, Niagara Mohawk (“Niagara”), a power corporation, brought an action seeking a judicial determination that it was not obligated to perform under a covenant in … Continue reading

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Evgeny “Gene” Friedman v. The New York City Taxi and Limousine Commission, et al., Index No. 653966/2013, 8/11/14 (Schweitzer, M.).

Contract; Breach; Class Action; Certification; Standing. By: Rachel Allen┃Managing Editor Putative class plaintiff moved for class certification in his suit against defendants, the New York City Taxi and Limousine Commission (TLC), the Chairman and Commissioner of the TLC, and Transportation … Continue reading

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