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ordinary intelligence. 5 Both of the foregoing circumstances will negate application of the special facts doctrine On January 27, 2022, the motion court granted in part and denied in part each motion. provide a customer list” to HOV. 10 The Court also rejected HOV’s “reliance on the ‘special facts’ doctrine The special facts doctrine was also unavailable to HOV because the information alleged to be withheld “The ‘special facts’ doctrine holds that ‘absent a fiduciary relationship between parties, there is nonetheless

Smith , 207 A.D.3d 681 (2 nd Dep’t 2022) (citations and internal quotation marks omitted). (Citations and internal quotation marks omitted.) must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine (Citations and internal quotation marks omitted.)  (Citations, internal quotation marks and brackets omitted.) Jonathan H.

July 23, 2025) (here), the Appellate Division, Second Department reversed, in part, a judgment entered Corp., 187 A.D.3d 1185, 1186 (2d Dept. 2020) (internal quotation marks omitted) (quoting Matter of Quality North Fork Surgery Ctr., LLC, 215 A.D.3d 956, 957 (2d Dept. 2023) (internal quotation marks omitted) (citations omitted). [24] On July 23, 2025, this Blog examined the manifest disregard of the law doctrine

Haber CPLR 3025(b) provides, in pertinent part, that “ party may amend his or her pleading … at any must be lateness coupled with significant prejudice to the other side, the very elements of the laches doctrine Cirillo , 206 A.D.3d at 612 (citation, internal quotation marks, and brackets omitted). Gandhi , 24 N.Y.3d 403, 411 (2014) (citations, internal quotation marks and brackets omitted). Darpoh , 207 A.D.3d 586, 587 (2d Dept. 2022) (internal quotation marks and citations omitted).

claims are asserted, more times than not, the fraud claim is dismissed under the duplication of claims doctrine June 6, 2023) ( here ), a case in which the duplication of claims doctrine served as the basis for the Dormitory Auth. , 30 N.Y.3d at 710 (internal quotation marks omitted); Airco Alloys Div. v. City of Rochester , 194 A.D.3d 1428, 1436 (4th Dept. 2021) (internal quotation marks omitted); Mendel (internal quotation marks and citation omitted) (alteration in original). Slip Op. at *1.

based on a fiduciary relationship …, they arguably had a duty to disclose based on the ‘special facts’ doctrine “The business judgment rule is a common-law doctrine by which courts exercise restraint and defer to Corp. , 75 N.Y.2d 530, 538 (1990) (internal quotation marks and citation omitted). Corp. , 214 A.D.3d 491, 492 (1st Dept. 2023) (internal quotation marks omitted); and citing Bd. of Mgrs “The ‘special facts’ doctrine holds that ‘absent a fiduciary relationship between parties, there is nonetheless

claims are asserted, more times than not, the fraud claim is dismissed under the duplication of claims doctrine Stated simply, the doctrine provides that a fraud claim cannot stand side-by-side with a breach of contract two cases issued from the Appellate Division, First Department, in which the duplication of claims doctrine same. 15 In Land ‘N Sea and Inspirit , the plaintiffs could not demonstrate any exception to the doctrine Co. , 30 N.Y.3d 704, 711 (2018) (internal quotation marks and some emendations omitted). Id.

“Pursuant to the doctrine of respondeat superior, an employer can be held vicariously liable for torts reasonably have foreseen are within the scope of the employment and thus give rise to liability under the doctrine While the doctrine of respondeat superior was originally applied narrowly, the scope of its application particular facts and circumstances of a case are important to the application of the respondeat superior doctrine Votsis (some citations and internal quotation marks and brackets).

claimed that this prolonged performance constituted a waiver of any termination rights and triggered the doctrine Cuomo , 61 N.Y.2d 525, 538 (1984) (internal quotation marks omitted; emphasis added) (citations omitted Quinn , 90 A.D.2d 738, 739 (1st Dept. 1982) (internal quotation marks and citation omitted), aff’d , Lobel , 296 A.D.2d 701, 702 (3d Dept. 2002) (citations, internal quotation marks and ellipses omitted (Citations, internal quotation marks and brackets omitted.) [7] 130 B.R. 656 (S.D.N.Y. 1991), affd.

. & Gas Corp. , 182 A.D.2d 906 (3 rd  Dep’t 1992); Park East Const’n Corp. v. [Some citations, internal quotation marks, brackets and ellipses omitted, emphasis in original.] [Some citations and internal quotation marks omitted.] [1] Jonathan H.

First, there is no mention of the duplication doctrine. nothing more than a failure to perform contractual obligations are dismissed under the duplication doctrine Northern Leasing, Sys., Inc. , 10 N.Y.3d 486, 491 (2008) (internal quotation marks and citations omitted at 491-92 (internal quotation marks and citations omitted).   Slip Op. at *2. Id. and dismissed in part , 18 N.Y.3d 870 (2012).

“The doctrine, which is rooted in equitable principles, is a flexible one and the concept of unconscionability Serv. , 50 N.Y.2d 383, 389-390 (1980)) (internal quotation marks omitted). “The doctrine of unconscionability, with its emphasis on the contract-making process, is really an expression By focusing on the manner in which a contract is entered into and the status of the parties, the doctrine Rome shows, however, that the doctrine of unconscionability can be used as an additional basis upon