Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

On May 27, 2025, the First Department issued a decision in Mandour v. Rafalsky, 2025 NY Slip Op. 03160, holding that the continuous representation doctrine does not apply to a claim arising from a business transaction with an attorney . . . Continue reading Continuous Representation Doctrine Does Not Apply to A Claim Arising from a Business Transaction With an Attorney

Article 77 Decision Enforces Write-Up Provisions Notwithstanding Past Practice and Arguments About Waterfall Logic

Article 77 Decision Enforces Write-Up Provisions Notwithstanding Past Practice and Arguments About Waterfall Logic

On May 19, 2025, Justice Masley of the New York County Commercial Division issued a decision in Matter of Bank of N.Y. Mellon, 2025 NY Slip Op 31952(U), enforcing an indenture’s write-up provisions notwithstanding past practice and arguments about waterfall logic . . . Continue reading Article 77 Decision Enforces Write-Up Provisions Notwithstanding Past Practice and Arguments About Waterfall Logic

Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It

Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It

On May 29, 2025, the First Department issued a decision in Martin v. William & Cindy Abrams Family Trust, 2025 NY Slip Op. 03253, holding that an agreement did not provide for the forfeiture of an ownership interest in a corporation because it did not clearly provide for it . . . Continue reading Agreement Does Not Result in Forfeiture Because Agreement Did Not Clearly Provide for It

Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership

Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership

On May 29, 2025, the First Department issued a decision in Kiehl v. Cavicchio, 2025 NY Slip Op. 03252, holding that claims arising from an alleged joint venture failed for lack of adequate allegation of the existence of the joint venture/partnership . . . Continue reading Claims Based on Existence of Joint Venture or Partnership Dismissed for Failure Adequately to Allege Joint Venture/Partnership