Monthly Archives: April 2015

City of Roseville v. JPMorgan Chase, Index No. 651011/2012, 12/16/2014 (Schweitzer, J.)

Motion to Dismiss; Breach of Fiduciary Duty of Loyalty; Shareholder Derivative Claim; Waste of Corporate Assets; Failure to State a Claim.  By Zachary Nastro | Staff Writer Plaintiff, a shareholder of JPMorgan Chase & Co. (“JPMorgan”) , brought this shareholder derivative … Continue reading

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Int’l Publ’g Concepts, LLC v. Locatelli, Index No. 654179/2013, 1/15/15 (Bransten, J.)

Defamation; Absolute privilege; Qualified privilege. By Alexa Lofaro | Staff Writer Plaintiff and third-party defendant moved to dismiss defendant’s counterclaim and third-party claim for defamation. Plaintiff, a Delaware LLC authorized to do business in New York, publishes books and magazines to … Continue reading

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Shortening the Reach of CPLR §301 post-Daimler

By Michael Farinacci | Managing Editor Nearly a century ago, Justice Cardozo formulated, what has become known as, the “doing business” doctrine for determining whether New York has general jurisdiction over a corporation.[1] This later became part of CPLR §301. However, recent … Continue reading

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Barry v. Clermont York Assoc., LLC, Index No. 650838/2012, 12/19/14 (Komreich, J.)

Motion to compel; attorney-client privilege; work-product privilege; confidentiality; Kovel agreement. By Andrea Bonilla | Staff Writer Plaintiff was a member of defendant Clermont York Associates, LLC (“Clermont”), a real estate holding company. Defendant Jeffrey J. Feil (“Feil”) was Managing Member … Continue reading

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A Lesson on Forum-Selection Clauses and the Preferences of New York State

By Michael Vandermark | Staff Writer Given the pervasive nature of forum-selection clauses in many (if not most) contractual agreements, this article provides a useful overview of first, the function and importance of forum selection clauses and second, (given the … Continue reading

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PS Food Corp. v. Granville Payne Retail, LLC, Index No.16438/2013, 11/10/14 (Demarest, J.)

­­Contract; lease; equitable estoppel; Yellowstone injunction. By Michael Farinacci | Managing Editor Plaintiff-tenant entered into a lease agreement with Defendant-landlord for the operation of a supermarket. Under the lease, tenant was responsible for the installation and maintenance of a fire sprinkler system … Continue reading

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