Monthly Archives: December 2014

Novikov v Oceana Holdings Corp., 506282/13, 11/3/2014 (Carolyn E. Demarest, J)

By Timothy Broschardt | Staff Writer Order to show cause; BCL § 624 right of inspection; common law right of inspection; discovery; 22 NYCRR § 130-1.1(a) frivolous conduct Petitioner filed an Order to Show Cause under BCL §624 against Respondent, … Continue reading

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AJ Holdings Group v. IP Holdings, LLC and ICONIX Brand Group, Index No. 600530/2009, 9/15/14 (Scarpulla, J.).

By Michael Farinacci | Staff Writer Contract; breach; adverse inference; electronic discovery; spoliation; sanctions Plaintiff entered into a license agreement with defendants. Plaintiff alleged that defendants breached the agreement by prematurely terminating it without notice and failing to return $2.6 million … Continue reading

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Phoenix Light SF Limited v. Merrill Lynch & Co, Inc., Index No. 653235/2013, 10/3/14 (Ramos, C.).

By John-Paul Yezzo | Staff Writer Particularity in specific actions: CPLR § 3016(b); Fraud Plaintiffs, purchasers of residential mortgage-backed securities (“RMBS”), initially filed a complaint that combined claims against several banks involved in dozens of unrelated RMBS transactions. The Court … Continue reading

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