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Tom Holman
Nov 23, 20154 min read
New York’s Agricultural Law and Local Zoning Rights
The New York State Constitution provides that the state shall encourage those who intend to develop and improve its agricultural lands...
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Tom Holman
Jun 25, 20152 min read
Creditor’s Motion for Summary Judgment in Lieu of a Complaint Granted in Part and Denied in Part by
In a recent Nassau County Supreme Court decision, Axis Capital, Inc. v. Tariq Khan, 606716/14, NYLJ 1202730330007, the Court granted a...
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Tom Holman
May 12, 20153 min read
Appellate Court Affirms the Denial of Greenberg's Motion for Summary Judgment in Fraud Case
In an April 16, 2015 decision by the New York Appellate Division for the First Department, People v Greenberg, 2015 N.Y. App. Div. LEXIS...
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Tom Holman
May 8, 20155 min read
The Ninth Circuit Affirms Summary Judgment Decision in California Raisin Producer’s Takings Case
In a February 2014 decision, Horne v. USDA, 750 F.3d 1128 (9th Cir. 2014), the Ninth Circuit was faced with the question of whether a...
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Tom Holman
Feb 19, 20153 min read
SDNY Denies Employee’s Motion To Use A Pseudonym in FLSA and NYLL Case Against Bloomberg L.P.
In a recent S.D.N.Y. decision, Michael v. Bloomberg L.P., 2015 U.S. Dist. LEXIS 16683 (S.D.N.Y. Feb. 11, 2015), the court denied the...
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Tom Holman
Feb 6, 20154 min read
Kings County Supreme Court Reverses Prior Decision Dismissing Breach of Contract and Unjust Enrichme
In a recent unpublished Kings County Supreme Court decision, Zucker v Waldmann, 2015 NY Slip Op 50055(U) (Sup. Ct. Kings County Jan. 23,...
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Tom Holman
Jan 20, 20156 min read
Appeals Court Interprets Federal Arbitration Statute Permitting Reinstatement of Rejected GM and Chr
In a recent Sixth Circuit Court of Appeals decision, Chrysler Group LLC v. Fox Hills Motor Sales, Inc., 2015 FED App. 0008P (6th Cir....
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Tom Holman
Dec 10, 20142 min read
Federal District Court Rules That Evidence Did Not Support Unjust Enrichment Claim or Punitive Dama
In Legurnic v. Ciccone, the United States District Court for the Eastern District of New York (U.S. D.J. Spatt) decided on November 25,...
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Tom Holman
Nov 13, 20142 min read
Court Denies Owners Motion to Dismiss in Breach of Contract Complaint Seeking Brokerage Commissions
On September 3, 2014, in a Suffolk County Supreme Court case, Lighthouse Vacation Props. v Kessler, 2014 N.Y. Misc. LEXIS 3925 (N.Y. Sup....
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Tom Holman
Nov 13, 20142 min read
New York Court Authorizes Substituted Service of Summons and Petition Via Facebook
On September 12, 2014, a Richmond County Family Court Magistrate authorized substituted service of a summons and petition via Facebook....
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Tom Holman
Oct 13, 20134 min read
Circuit Court Rules that District Court Should Have Considered HR Manager's Statements in Discri
In Leanne Renee Kidd v. Mando American Corp, --- F.3d ---- (2013), the 11th U.S. Circuit Court of Appeals ruled that the district court...
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