FULL FAITH AND CREDIT
- Dec 9 2019
Judgments from sister states are enforceable in New York (and other sister states as well) by virtue of the “Full Faith and Credit” clause (article IV, section 1) of the …
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Second Department Resolves Contract, Fiduciary Duty and Fraud Claims Involving Joint Ventures that Develop Real Property
- Dec 6 2019
In Benjamin v. Yeroushalmi, 2019 N.Y. Slip Op. 08647 (2d Dept. Dec. 4, 2019) (here), the Appellate Division, Second Department considered an appeal involving an action to recover damages for …
Fraud Shorts: Pleading Deficiencies, Duplication of Claims, Respondeat Superior and Apparent Authority
- Dec 4 2019
Decision day in the Appellate Division, First Department involved several cases in which the Court addressed allegations of fraud or fraudulent inducement. Many of the cases focused on the elements …
Do I really Have to Comply with the Subpoena? Yes!
- Dec 2 2019
It is not uncommon for a nonparty to a litigation to ask their attorney whether they must comply with a subpoena duly served upon them. As the court in Manswell …
In Case of First Impression, New York Court of Appeals Holds that Bankruptcy Stay is a “Statutory Prohibition” Under CPLR 204(a) and That the Toll of CPLR 204(a) Applies to Actions Already Commenced
- Nov 29 2019
Statutes of limitations, which are a critical part of litigation, are designed to prevent litigants from sitting on their rights. A brief primer on New York’s Statute of Limitations, is …
Court Dismisses Fraudulent Inducement Claim in Merger Litigation
- Nov 27 2019
Allegations of fraudulent inducement come in many contexts. Today, this Blog looks at a fraudulent inducement claim in the context of a merger. Kainz v. Bernstein, No. 19 Civ. 2499 …
Voiding a Contract on the Basis of Economic Duress
- Nov 25 2019
Economic duress, like duress, generally, provides an injured party with grounds to void a contract. Proof of the existence of economic duress requires a showing that one party to a …
Referee Fees and the “Caddyshack” Principle
- Nov 23 2019
Referees are frequently appointed by New York courts. The fees to which an appointed referee is entitled are generally governed by Rule 8003 of the New York Civil Practice Law …
Referee Fees
- Nov 22 2019
Referees are frequently appointed by New York courts. The fees to which an appointed referee is entitled are generally governed by Rule 8003 of the New York Civil Practice Law …
Court Decides When A Contractual Relationship is the Equivalent of a Partnership
- Nov 20 2019
A partnership is an association of two or more persons to carry on as co-owners of a business for profit. Partnership Law § 10(1). Typically, a partnership is memorialized in …
