In Pizzarotti, LLC v. Phipps & Co., 2020 N.Y. Slip Op. 50696(U) (Sup. Ct., N.Y. County June 17, 2020) (here), Justice Gerald Lebovits of the Supreme Court, New York County, …
Just recently, we wrote about the importance of pleading fraud with particularity (here). As readers of this Blog know, when fraud is alleged, the plaintiff must plead the claim with …
As noted on numerous occasions in this BLOG, the New York State Legislature has responded to the residential foreclosure crisis by promulgating a series of rules designed to protect residential …
In today’s post we examine, SHIR Capital, LLC v. Fortress Credit Advisors LLC, 2020 N.Y. Slip Op. 31825(U) (Sup. Ct., N.Y. County June 11, 2020) (here), a case involving an …
What law should apply? In most cases, answering the question is more art than science. In contract cases, especially in complex commercial matters, the agreement at issue often (though not …
In prior posts, we examined Securities and Exchange Commission (“SEC” or “Commission”) enforcement actions brought against those who seek to personally benefit from the COVID-19 health crisis affecting the …
Pleading fraud with particularity is not easy. Sometimes the information needed to satisfy the requirement is peculiarly within the knowledge of the defendant. Other times, the information needed is found in lawsuits, …
As readers of this Blog know, one of the elements of a fraud claim is reliance. In the typical case, the defendant makes a false or misleading statement directly to …
On December 31, 2018, this Blog posted an article, titled “Court Dismisses Complaint Charging Misappropriation of Intellectual Property on Summary Judgment.” (Here.) The case that we examined in that article, …
It has been a long time since this Blog examined a request for a pre-judgment order of attachment. (See here.) Today, we take another look at this provisional remedy. [Ed. …
