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Appellate Division, First Department: November 3, 2023
Publication Date: 2023-11-03
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:October 26 & 31, 2023

November 02, 2023 | The American Lawyer

Big Law Firms Call on Top Law Schools to Condemn Anti-Israel Protests, Harassment

A group of more than 200 leading law firms implored law schools to reign in "anti-Semitic activities" on campus as Israel's response to the Oct. 7 attacks draws protest worldwide.
8 minute read
October 03, 2023 | New York Law Journal

Are Inclusionary Air Rights Unique? Specific Performance Revisited

In this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."
13 minute read
September 01, 2023 | New York Law Journal

Attorneys 'On the Move': Holland & Knight Adds Real Estate Partner; Capital Markets Attorney Rejoins Shearman & Sterling

And other announcements of recent hirings and promotions of New York attorneys.
4 minute read
August 22, 2023 | New York Law Journal

Contract Suit Alleges Real Estate Development Co. Backed Out of Paying $21M Commission

A broker alleges the corporation failed to pay him after he facilitated their acquisition of properties worth billions. But the development company called the charges "fabricated."
3 minute read
August 17, 2023 | Law.com

A Nationwide Trademark Fight/NY Licenses for Vets /Curaleaf Ex-Exec Sues/Budee Class Action

Counterfeit product claims abound in the cannabis industry. GS Holistic is on a nationwide legal mission to do something about it.
9 minute read
August 01, 2023 | New York Law Journal

The 'Fraud Exception' Requires Fraud

The Legislature, in reaction to recent court decisions, has made a belated effort to retroactively redefine "fraud" in the context of pre-HSTPA claims, passing a bill that would effectively deem any past violation of any law or duty by a landlord to constitute fraud.
12 minute read
Appellate Division, First Department: June 12, 2023
Publication Date: 2023-06-12
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:June 8, 2023

June 06, 2023 | New York Law Journal

CPLR 3213 Motions for Summary Judgment in Lieu of Complaint: An Update

Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.
7 minute read
301 E. 60th St. LLC v. Competitive Solutions LLC
Publication Date: 2023-06-05
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Appellate Division, First Department
Judge: Justice Lizbeth González
Attorneys:
For plaintiff: For Respondent-Appellant:: Jeffrey Turkel and Michael A. Pensabene of counsel, Rosenberg & Estis, P.C., New York.
For defendant: For Appellant-Respondent: Jed I. Bergman, Tian "Skye" Gao and Chloe F. Rosenberg of counsel, Glenn Agre Bergman & Fuentes LLP, New York.
Case number: 157973/21

Contract for Sale of Inclusionary Air Rights Is Subject to Specific Performance

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