Case Reviews
In the Most Harrowing Circumstances,& Commercial Principles Surface in a Wrongful Death Action
In a must-read decision centered upon the tragic death of two individuals during the May 2008 crane collapse in New York City, the First Department’s opinion in Matter of 91st St. Crane Collapse...
Gibbs: Leveling the Playing Field for Chronic Non-Compliance
In a recent column, we addressed recent Appellate Division authority concerning the ultimate sanction for failure to disclose, a CPLR 3126 Order striking a pleading. In December, the Court of...
Finally! Depositions of Expert Witnesses in Commercial Division Cases
In the September 2012 column, we reviewed Chief Judge Jonathan Lippman’s Task Force Report and Recommendations for the Commercial Division which included certain proposed procedural reforms to the...
Hell Hath No Fury Like an Employer Scorned Proceeding Simultaneously in Tort & Contract Against a Faithless Servant
In light of the unbridled fiduciary duty owed to an employer, after an employee resigns to join a competitor an immediate investigation concerning the former employee’s activities in the months...
Georgia Malone & Co. v. Rieder — Further Refining Unjust Enrichment Claims
Approximately a year and a half after issuing Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173 (2011), the New York Court of Appeals has revisited the pleading requirements for unjust enrichment...
Facts Sufficient to Obtain Summary Judgment On a Veil Piercing Claim
Whether during law school studying New York practice and procedure, or as a first year associate tasked with drafting opposition to a summary judgment motion, aspiring or practicing lawyers learn...
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Case Studies
