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New York County Supreme Court Commercial Division
Hon. Andrew Borrok
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Category Archives: Case Summary
MacKay v. Paesano, Index No. 68232-14, 2/6/2017 (Emerson, J.)
Motion to Dismiss; Joint Venture; Statute of Frauds; Leave to Replead By: Kei Haneda | Staff Writer From 2007 to 2010, Paesano and Cadan (collectively “Defendants”), allegedly failed to adhere to a series of agreements they entered into with MacKay … Continue reading
Posted in Case Summary
Tagged Joint Venture, Motion to Dismiss, Motion to Replead, Statute of Frauds
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Gowen v. Helly Nahmad Gallery, Inc., Index No. 650646/2014, 5/8/2018 (Bransten, J.)
Motion to Dismiss; Personal Jurisdiction; Alter Ego Theory; CPLR 3211(a); CPLR 4511 By: Miles Works | Staff Writer In 1939, as the Nazis approached France, Mr. Stettiner was forced to flee his Parisian home, leaving behind a valuable painting, Seated … Continue reading
Posted in Case Summary
Tagged Alter Ego Theory, CPLR 3211(a), CPLR 4511, Motion to Dismiss, Personal Jurisdiction
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New York State Workers’ Compensation Bd. v. Compensation Risk Mgrs., LLC, 12/14/17 (Platkin, J.)
Derivative Claims; Implied Indemnity; Trustees’ Implied Duties; Near-Privity By: Jared Fitzpatrick | Staff Writer In 2013, the New York State Workers’ Compensation Board (the “Board”) brought suit against the trustees of HITNY,
Posted in Case Summary
Tagged Derivative Claims, Implied Indemnity, Near-Privity, Trustees' Implied Duties
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Parauda v. Encompass Ins. Co. of Am., Index No. 61128/15, 1/25/2018 (Bucaria, J.)
Breach of Insurance Policy; Declaratory Judgment; Summary Judgment By: George Alissandratos | Staff Writer John Parauda and Gretchen Walsh (“Plaintiffs”) owned a home located in Pleasantville, NY, which they occupied as their residence. Encompass Insurance Company of America (“Defendant”) issued … Continue reading
Posted in Case Summary
Tagged Breach of Insurance Policy, Declaratory Judgment, summary judgment
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Matter of Digeser v. Flach, Index No. 2382-13 (Platkin, J.)
Valuation of Shares; Dissolution; Corporations By: Steven Cuttonaro | Staff Writer Petitioner commenced this action seeking to dissolve two business corporations, Gould Erectors & Rigging, Inc. (“Gould”), and Flach Crane and Rigging Co., Inc. (“Flach”) pursuant to Business Corporation Law … Continue reading
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