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17 May 2023, 3:49 am by Andrew Lavoott Bluestone
In so ruling, the Third Department relied on the Court of Appeals’ decision in Miglino v Bally Total Fitness of Greater N.Y., Inc. [read post]
8 May 2023, 4:01 am by Peter Mahler
Initially the suit was commenced as a derivative action but then “converted” to a § 623 appraisal proceeding after the company implemented a cash-out merger on the eve of trial. [read post]
8 May 2023, 3:50 am by Andrew Lavoott Bluestone
Further, except where there is deceit directed against a court, Judiciary Law § 487 “applies only to wrongful conduct by an attorney in an action that is actually pending” (Mahler v Campagna, 60 AD3d 1009, 1012-1013; see Bill Birds, Inc. v Stein Law Firm, P.C., 35 NY3d 173, 178; Meimeteas v Carter Ledyard & Milburn LLP, 105 AD3d 643, 643). [read post]
24 Apr 2023, 4:53 am by Franklin C. McRoberts
The First Department recently relied upon the Deerin rule to affirm disqualification in Poretsky v Bartleby and Sage, Inc. (203 AD3d 523 [1st Dept 2022]). [read post]
8 Mar 2023, 3:13 am by Andrew Lavoott Bluestone
Ctr., 64 NY2d 851, 853 [1985]; 2978 Gas Corp. v United Fleet, Inc., 197 AD3d at 1140). [read post]
2 Mar 2023, 11:50 am by Jared Green
Orange Realty, Inc., 97 N.H. 497, 499-500 (1952).7 No. 89-C-813, Order on Plaintiff’s Motion to Compel Deposition Answers (Hillsborough County Superior Court, October 29, 1991).8 Id. at 4 (citation omitted).9 Id. at 6.10 Reed, No. 89-C-813, at 7.11 No. 95-C-109, Order on the Plaintiffs’ Motion to Compel (Cheshire County Superior Court, February 22, 1996).12 See id.13 Id.14 No. 94-C-497, Order on Plaintiffs’ Motion to Compel Deposition Answers (Hillsborough So [read post]
2 Mar 2023, 11:50 am by Jared Green
Orange Realty, Inc., 97 N.H. 497, 499-500 (1952).7 No. 89-C-813, Order on Plaintiff’s Motion to Compel Deposition Answers (Hillsborough County Superior Court, October 29, 1991).8 Id. at 4 (citation omitted).9 Id. at 6.10 Reed, No. 89-C-813, at 7.11 No. 95-C-109, Order on the Plaintiffs’ Motion to Compel (Cheshire County Superior Court, February 22, 1996).12 See id.13 Id.14 No. 94-C-497, Order on Plaintiffs’ Motion to Compel Deposition Answers (Hillsborough So [read post]
28 Feb 2023, 12:22 pm by Kevin LaCroix
The top five 2022 North American settlements included Twitter ($809.5 million); Teva Pharmaceutical Industries, Ltd. ($420 million); Luckin Coffee, Inc. ($175 million); BlackBerry Ltd. ($165 million); and NovaStar Mortgage ($165 million). [read post]
27 Feb 2023, 9:01 pm by renholding
Dapper Labs, Inc., denying Dapper Labs and its CEO’s motion to dismiss a putative securities class action. [read post]
20 Feb 2023, 4:46 am by Peter Mahler
” Court Dismisses Untimely Fraud Claim Against LLC Members Sometimes it pays to bring an action to obtain company books and records to investigate potential misconduct by business partners before filing an action asserting claims against them. [read post]
1 Feb 2023, 9:05 pm by renholding
Notwithstanding lower overall activity, 2022 witnessed a number of megadeal announcements, including Elon Musk’s $44 billion acquisition of Twitter, Broadcom’s $61 billion acquisition of VMware, Adobe’s $20 billion purchase of Figma, Prologis’s $26 billion acquisition of Duke Realty, Microsoft’s $68.7 billion acquisition of Activision Blizzard and Kroger’s $24.6 billion purchase of Albertsons. [read post]
20 Jan 2023, 4:53 am by Andrew Lavoott Bluestone
“The defendant must affirmatively demonstrate the absence of one of the elements of legal malpractice” (EDJ Realty, Inc. v Siegel, 202 AD3d 1059, 1060). [read post]
27 Dec 2022, 4:24 am by Peter J. Sluka
  That restraint is consistent with cases like First Equity Realty v The Harmony Group II, 2022 NY Slip Op 30674(U) (Sup Ct, New York County Mar. 3, 2022) (d [read post]
8 Dec 2022, 9:39 am by Silverberg Zalantis LLC
Protection, 111 AD3d 718; Matter of Bridon Realty Co. v Town Bd. of Town of Clarkstown, 250 AD2d 677). [read post]