Case Reviews
Strategic Motion to Dismiss Reduces Complaint from 15 Causes of Action to Solely Breach of Contract, Greatly Reducing the Scope of Claims and Expense to Defend
Challenge B&B was retained to defend a corporate defendant which had been accused of breaching a contract and violating certain industry licensing requirements. The Plaintiff filed a blunderbuss...
Slamming the Door on Defenses to Disbursement of Counterfeit Funds
In February 2011 we reviewed JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds. In Pinzler, the defendant...
Representations & Warranties: Breach Mandates Indemnification
With subtle hints that the economy is finally turning from its free-fall, merger and acquisition transactions will begin to surface once again. The preamble of many transaction documents includes...
Speed & Efficiency – The New Norm for Commercial Division Cases
With the recent adoption of new Commercial Division Rules, and several others proposed and open for public comment, practicing in the Commercial Division is likely to become more akin to Federal...
Simultaneously Viable Causes of Action for Breach of Contract and Fraud
One of the cornerstone pleading tenets of commercial practice is that a plaintiff may not pursue a fraud cause of action simultaneously with a breach of contract cause of action as the fraud cause...
Replevin via the CPLR & UCC
This month we review an interesting decision regarding the provisional remedy of replevin. Although the Plaintiff’s moving affidavit was inadequate to comply with the CPLR, luckily for the...
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Case Studies
