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New York Business Litigation Lawyer Blog

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An Unsuccessful Lawsuit Seeking to Cancel a Contract Is Itself a Breach

A buyer of real property that sued the seller before the parties’ closing date seeking to cancel the contract, but without a valid reason, was deemed to have breached that contract. The buyer entered into a contract to buy two parcels of land in Staten Island. The contract was to…

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New Science Concerning Shaken Baby Syndrome Supports Defendant’s Motion to Vacate Conviction

While we don’t have a criminal practice, this recently decided case is interesting in how science can change, impacting prior court decisions.  This same concept was found regarding fire science, in prior posts found here and here. From the New York State Bar Association: The Fourth Department affirmed the grant…

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Insurance Policy Does Not Cover Trademark Infringement

A supplier was found liable for selling counterfeit Fendi handbags, and after two separate lawsuits was obligated to Fendi and a retailer to whom those fake bags were sold for substantial damages. In an attempt to avoid paying those damages, the supplier turned to its insurance carrier for indemnification, based…

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Landlord’s Failure to Provide Space Compliant with Certificate of Occupancy Undermined Claim That Tenant Breached the Lease

Plaintiff as tenant entered into a five year commercial lease, commencing March 1, 2006. The lease provided that the space would be used as an office for a recruiting firm and nothing else, and would not be used in a manner that would violate the certificate of occupancy (the “CO”),…

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A Surname Cannot Be Registered as a Trademark Even When it Is Not a Surname

The mark “Dickman’s” could not be registered as it was deemed a surname and ineligible for registration, despite the fact that the applicant’s last name was not Dickman.  This write up provides the details, and illustrates why blindly filing a trademark registration application is not always as straightforward as it…

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