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Dismissals New York Appellate Courts

A&O Shearman

New York Court Of Appeals Clarifies Application Of Internal Affairs Doctrine But Reverses Dismissal Of Fiduciary Duty Breach...

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On May 23, 2024, the New York Court of Appeals reversed the dismissal of breach of fiduciary duty claims brought by former shareholders of a fantasy sports company (the “Company”) against its directors and other defendants...more

Proskauer - Minding Your Business

The New York Court of Appeals Approves CPLR 3025 (b) Complaint Amendment After Appellate Court Dismissal

The New York Court of Appeals recently endorsed the trial court’s discretion to grant leave to amend a complaint under CPLR 3025 (b), holding that when the appellate court dismisses the plaintiffs’ complaint without...more

Harris Beach PLLC

Two New York Appellate Court Decisions Affirm Default Orders Dismissing Plaintiffs’ Complaint

Harris Beach PLLC on

Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the default of the appealing party for its failure to oppose a motion in two different...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

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