On April 25, 2019, the Securities and Exchange Commission (“SEC”) announced (here) that it had charged Indianapolis-based Celadon Group Inc. (“Celadon”), a truckload freight transportation provider, with an accounting fraud …
Proper service of process is necessary before the court can acquire personal jurisdiction over the defendant to a lawsuit. If service of process is not properly effectuated the court is …
This Blog has written about cases in which the plaintiff claims to have been defrauded but fails to allege with particularity the elements of the claim. As readers of this …
In Sotheby’s, Inc. v. Chowaiki, 2019 N.Y. Slip Op. 30970(U) (Sup. Ct. N.Y. County Apr. 4, 2019) (here), Justice Andrea Masley of the New York Supreme Court, Commercial Division, issued …
The Second Department has held that “[t]o state a cause of action to recover damages for legal malpractice, a plaintiff must allege that the attorney failed to exercise the ordinary …
As every lawyer knows, the practice of law requires compliance with various deadlines. Some are court ordered, while others are statutory. To be sure, there are many practitioners who do …
In Deutsche Bank National Trust Co. v. Flagstar Capital Markets, the New York Court of Appeals held that an agreement to “delay the commencement” of the statute of limitations “was …
There are numerous ways in which a defendant can respond to a summons and complaint. Among other options, a defendant can interpose an answer or move to dismiss some or …
On April 10, 2019, the Appellate Division, Second Department, reversed the denial of motions to dismiss fraud claims alleged in connection with the purchase and sale of a $6.2 million …
In 1970, the New York Legislature enacted General Business Law (“GBL”) § 349, New York’s deceptive trade practices act. As enacted, Section 349 empowered the Attorney General to bring an …
