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Haber As readers of this Blog know, we have written about the duplication doctrine on numerous occasions Courts apply the doctrine when a plaintiff alleges a breach of contract claim and a fraud claim that

Parking Assoc. LLC v. County of Erie, 207 A.D.3d 1029, 1031 (4th Dept. 2022) (internal quotation marks omitted). [2] Colella Presstek, Inc., 12 N.Y.3d 640, 645 (2009) (internal quotation marks omitted); Brad H. v. Servs. of N.Y., P.C., 197 A.D.3d 893, 894 (4th Dept. 2021) (internal quotation marks omitted). [7] Derkovitz Merchants Bank of N.Y., 91 N.Y.2d 336, 341 (1998) (internal quotation marks omitted), and citing Albert

recognized by the Allen Court, the exchange of “material and necessary” information is an important part “Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys Phelps-Vachier , 207 A.D.3d at 584 (citations and internal quotation marks omitted). Phelps-Vachier , 207 A.D.3d at 584 (citations and internal quotation marks omitted). (Citations and internal quotation marks omitted.) 

consent, formed his own firm and transferred almost all of CEM’s clients, which were based in large part cause of action), conversion against Cantor (fifth cause of action), violation of the faithless servant doctrine Act. [2]  It is well established, however, that “[t]he Partnership Law’s provisions are, for the most part dismissal of the claims asserted against the Boyd defendants for violation of the faithless servant doctrine

Consistent with the Chief Justice’s goals, Chief Administrative Judge Marks issued a memorandum yesterday In the memorandum, Chief Judge Marks recounted how “the Unified Court System has been increasingly active Chief Judge Marks explicitly noted that the latest steps “do not include the filing of new non-essential

Sacharow , 91 N.Y.2d 39, 49 (1997) (citations and quotation marks omitted). Id. at 49-50. Holdings Inc. , 21 N.Y.3d 626, 631 (2013) (adopting the doctrine from federal law and citing federal

Community Parking Inc., 108 A.D.3d 487 (1st Dept. 2013); Allied Irish Banks, P.L.C. v. (internal quotation marks and citations omitted). [16] Id. (quoting Kaplan, Inc. v.

first cause of action, sounding in breach of fiduciary duty of loyalty based on the faithless servant doctrine (Citations and internal quotation marks omitted.) A claim under the faithless servant doctrine is stated by an employer alleging that “a former employee This Blog previously wrote about the faithless servant doctrine ( here ) and ( here ). (Citations and internal quotation marks omitted.) 

(citing, Ark Bryant Park Corp. v. Bryant Park Restoration Corp. , 285 A.D.2d 143, 150 (1st Dept. 2001)).

Such was the case in Bellstell 7 Park Ave. LLC v. Seven Park Ave. Corp. , 2019 N.Y. Bellstell 7 Park Ave. LLC v. Seven Park Ave. Corp. Plaintiff, Bellstell 7 Park Avenue, L.L.C. Bellstell sought a declaration that defendant, Seven Park Avenue Corp., impermissibly determined that In April 2017, Seven Park Avenue’s counsel wrote to Bellstell, informing it that Campagnoli qualified

For example, parties to a litigation may use a confession of judgment as part of a settlement whereby The Agreement further stated that a default on the part of Oakshire would occur where, inter alia , “ Defendant did not consent to the requested reduction and, two days later, filed an ex parte action in Defendant and co-defendant Park Avenue Recovery, LLC (collectively, “defendants”) moved to dismiss the (internal quotation marks omitted); see also LG Funding, LLC , 181 A.D.3d at 666. Slip Op. at *2.

Today, we do so – we examine the doctrines of ratification and estoppel. with an intention of avoiding them has the effect of ratification. 5 Any retention of the beneficial part Since the doctrine is based on equity, it applies when it would be unconscionable to allow a person to