Some Pitfalls of Moving for Summary Judgment in Lieu of Complaint
- Sep 4 2020
Rule 3213 of the CPLR – which permits a litigant to move for summary judgment in lieu of filing a complaint – was designed to streamline litigation in situations where …
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Court Dismisses Special Proceeding Because Petitioner Failed to Comply With Statutory Requirements
- Sep 2 2020
Last week, this Blog wrote about the ramifications of failing to meet a deadline or otherwise act in a timely manner (here). In today’s post, we examine the ramifications of …
Fraud Notes: Romantic Relationships and Business Relationships. What Could Go Wrong?
- Aug 31 2020
Conducting business with family, friends, or neighbors can be a rewarding endeavor. But, like any relationship, it can also be painful, both emotionally and economically. When the latter occurs, lawsuits …
The Ramifications of Failing to Timely Serve Papers can be Severe
- Aug 28 2020
Every now and then a litigant or counsel fails to meet a deadline or otherwise acts in an untimely manner. Sometimes there is a reasonable excuse and sometimes there is …
Statute of Frauds and the At-Will Joint Venture Agreement
- Aug 26 2020
In our last post (here), we examined the Statute of Frauds – General Obligations Law § 5-701 through § 5-705 – in the context of employment at-will contracts. We noted …
Employee-At-Will May Receive Commissions Earned During The Course Of Employment Says Fourth Department
- Aug 24 2020
Like most states in the country, New York is an “employment at will” state. This means that if there is no written agreement between the employer and employee governing when …
SUFFOLK COUNTY COURTS – Phase 4.1 Procedures
- Aug 21 2020
On August 19, 2020, District Administrative Judge, Hon. Andrew A. Crecca, issued a Memorandum regarding the “Return to In-Person Operations in the 10th Judicial District, Suffolk County – Phase 4.1” …
Court Declines to Stay 1933 Act State Action In Favor of Parallel Federal Action Alleging Claims Under the 1933 Act and the Exchange Act
- Aug 19 2020
On March 20, 2018, the United States Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund, 138 S. Ct. 1061, 1069 (2018), in which it unanimously held that …
To Seal, or Not to Seal? That is the Question
- Aug 17 2020
Judicial protection of confidential information is often sought to shield highly sensitive information, trade secrets and financial information from the public. One way to achieve this objective is to obtain …
DEATH AND LITIGATION
- Aug 14 2020
Litigation can be a long and drawn out process. As a result, parties sometimes die during the pendency of a lawsuit. In such a case, CPLR § 1015 – Substitution …
