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Commercial Division Online Law ReportSt. John's University School of Law
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New York County Supreme Court Commercial DivisionHon. Andrew Borrok
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Hon. Barry Ostrager
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Category Archives: Case Summary
Buyout Provisions; Cause Call Options; Breach of Contract; Fiduciary Duties By: Kayla Kuzniewski | Staff Writer Plaintiff purchased a majority interest in Defendant’s dental business. Plaintiff bought Defendant out after learning Defendant manipulated Plaintiff and its employees to ensure that … Continue reading
Partial Summary Judgment; CPLR 3212; Guarantee Agreement; Breach of Guarantees; Default of Obligation; Reinvestment By: Christina Falco | Staff Writer Defendants executed a Note Purchase Agreement (“Note Agreement”). Prior to execution, Mazzola, DiSanluciano, and Barkow (collectively, the Guarantors) each executed … Continue reading
Dilution; Voting Rights; Fiduciary Duty; Leave to Amend; Petition; Dissolution; Renew; Cross Motion; Leave to Discontinue By: George Beck | Staff Writer In a prior matter, Plaintiff shareholder sought dissolution of Defendant’s corporation under BCL 1104(a), alleging breach of contract, … Continue reading
Financial Guar. Ins. Co. v. Morgan Stanley ABS Capital I Inc., Index No. 652914/2014, 01/23/2017 (Friedman, J.)
Motion to Dismiss; Fraud; Breach of Contract; RMBS monoline insurance litigation By: Richie DeMarco | Staff Writer Plaintiff issued an insurance policy guaranteeing payments on certain certificates in a residential mortgage-backed securitization (“RMBS”) transaction (“Transaction”).
Breach of Contract; Unjust Enrichment; Alter-Ego Liability By: Gregory Brown, Jr. | Executive Publications Editor Plaintiffs entered into a contract with Defendant, a construction company, for the renovation of Plaintiff’s home.
Fraud; Fraud Inducement; Justifiable Reliance; Damages By: Taylor E. Anderson | Staff Writer Plaintiff insured eight residential mortgage-backed securities (“RMBS”) transactions (“the Transactions”). Defendant and its subsidiaries supplied all or most of the loans for the transactions and was the … Continue reading
Motion to Dismiss; Standing; Shareholder Derivative Action; CPLR 3211 By: James Clarke | Senior Staff Writer Plaintiffs own 10% of Norsel Realties (“Norsel”), a New York partnership owning land in Manhattan.
Holding Company; Residential Mortgage-Backed Securities; Fraud; Transfer of Rights; Contracts; Security Transfers. By: Aaron Jacob | Senior Staff Writer Plaintiff, Royal Park Investments (hereinafter “RPI”) is a limited liability company incorporated under the laws of Belgium and wholly owned by … Continue reading
Breach of Contract; Breach of Fiduciary Duty; Declaratory Judgment; Permanent Injunction By: Amanda Tersigni | Senior Staff Writer This case stems from a complex matter involving multiple parties and two interrelated actions.
Motion to Dismiss; Contractual Interpretation; Contractual Ambiguity; Policy Exclusions By: Kelsey Dougherty Howard | Staff Writer Plaintiff purchased a piece of real property to operate as a restaurant in 2009. Prior to Plaintiff’s purchase, the property was operated as a … Continue reading