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CPLR Dismissals

Freiberger Haber LLP

Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied

Freiberger Haber LLP on

Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more

Harris Beach PLLC

Recent Cases from New York’s Second Department Clarify What is Necessary for a Pre-Note of Issue Dismissal

Harris Beach PLLC on

In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting the Tolkoff and Onyenwe cases shows how the Court distinguishes between a violation of...more

A&O Shearman

New York State Court Dismisses Securities Act Claims, Despite Holding That Claims Did Not "Sound In Fraud" And No Heightened...

A&O Shearman on

On September 26, 2019, Justice Saliann Scarpulla of the New York State Supreme Court, County of New York, Commercial Division, dismissed a putative class action against a dental products and services company and certain of...more

Orrick - Finance 20/20

New York Supreme Court Dismisses ACE Action Re-Asserting Repurchase Claims against DB Structured Products

Orrick - Finance 20/20 on

On March 29, 2016, Justice Marcy Friedman of the New York Supreme Court rejected the trustee’s attempt to renew previously dismissed claims in ACE Securities v. DB Structured Products, Inc. As we previously reported, the...more

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