Plaintiff was not entitled to summary judgment of actual malice where jury could either find that information provided to news organization was conclusive of the truth or self-serving, creating a genuine issue of material fact as to whether the outlet recklessly disregarded the truth; however, there was insufficient evidence of a primary purpose to harm plaintiff, precluding a showing of express malice.

Court enforced contractual specific remedy provision where breaching party offered no persuasive argument for disregarding the clause and ordered the breaching party to perform at the value the warrant to purchase shares had at the time of its breach.

No Ascertainable Loss After Purchasing and Receiving Conforming Goods Based on Allegedly Illusory Discount

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Although unsecured creditor could not pierce the corporate veil as to the controller, it adequately pled fraudulent transfer and successor liability claims against an affiliate that acquired all of a fellow affiliate's assets, when the circumstances of the sale supported an inference that the transfer was designed to place assets out of creditors' reach.

Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within

Jessica McCarthy v. Town of Massena

Court denied motion to dismiss a defamation claim filed against defendant news agency on the grounds that plaintiff properly pled that defendant made false statements with actual malice.