David B Saxe

August 20, 2018 | New York Law Journal

Plaintiffs Ambac Assurance Corp. and others (collectively, Ambac), an insurer, sought to use contractual remedies other than the sole remedies clause in connection with its claim that defendants Countrywide Home Loans, Inc. and others, (collectively, Countrywide) breached various representations and warranties contained in the insurance and indemnity agreements (the I&I agreements) between the parties.

By David B. Saxe, Danielle C. Lesser and Michael Mix

8 minute read

July 27, 2018 | New York Law Journal

We go as far as saying that in all but the most unusual situations, the failure to file a reply brief would constitute attorney dereliction.

By David B. Saxe and Y. David Scharf

4 minute read

May 29, 2018 | New York Law Journal

The doctrine that faithless servants paid on a “task-by-task” basis need only to forfeit their salary relating to disloyal activities initially developed in federal courts interpreting New York law.

By David B. Saxe and Danielle C. Lesser

15 minute read

March 22, 2018 | New York Law Journal

The New York Law Journal asked if these former colleagues and friends would welcome an intrusion into a recent get-together and they were happy to share some of their thoughts about things past and present at the Appellate Division, First Department.

By David B. Saxe

12 minute read

March 20, 2018 | New York Law Journal

David Saxe and Danielle Lesser discuss '159 MP Corp. v. Redbridge Bedford,' a case in which the Appellate Division, Second Department acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights.

By David B. Saxe and Danielle C. Lesser

12 minute read

January 25, 2018 | New York Law Journal

David B. Saxe and Danielle C. Lesser write: A meal can be supersized at McDonald's, but should New York County's Supreme Court, Commercial Division be supersized as well?

By David B. Saxe and Danielle C. Lesser

9 minute read

January 02, 2018 | New York Law Journal

David B. Saxe and Danielle C. Lesser write discuss 'Princes Point v. Muss Dev.', in which the Court of Appeals found that a prospective purchaser's commencement of an action seeking to rescind an amendment to a purchase agreement one month prior to the last day to close on the purchase did not constitute an unequivocal communication to the seller of the purchaser's intention not to perform. The result is a detour into an area of murky jurisprudence that may prove unsettling to the commercial bar that relies on the certainty of precedent and its application in a way that conforms to the realities of commercial practice.

By David B. Saxe and Danielle C. Lesser

15 minute read

October 18, 2017 | New York Law Journal

David B. Saxe and Danielle C. Lesser discuss the First Department's review of Commercial Division cases, specifically cases addressing the issue of loss causation in the securities fraud context.

By David B. Saxe and Danielle C. Lesser

21 minute read

August 30, 2017 | New York Law Journal

Despite the separation of time and space, these slower days of August prompt me to think about what must be going on at the Appellate Division courthouse as preparations for a new year begin.

By David B. Saxe

9 minute read

August 04, 2017 | New York Law Journal

Federal judges have the authority to appoint a special master, without the parties' consent, to be paid by the parties, to "address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district." We believe that such a rule ought to be adopted in our state civil practice, especially in matters involving complex commercial litigation.

By David B. Saxe and Danielle C. Lesser

6 minute read