Rule 3213 of the CPLR – which permits a litigant to move for summary judgment in lieu of filing a complaint to streamline litigation in situations where the statute is …
Lawyers should be mindful that the signed writing aspect of CPLR 2104 can be satisfied by e-mails exchanged between counsel. CPLR 2104 provides, in relevant part that: An agreement between …
On November 18, 2018, this Blog wrote about Brown v. Cerebus Capital Management, LP, 2018 N.Y. Slip Op. 32782 (Sup. Ct., N.Y. County Oct. 30, 2018) (here). Brown involved the …
Litigations often get settled before trial. When parties decide to settle their disputes, they typically agree to exchange mutual releases – i.e., they agree to give up any claims they …
Investing in the market or starting a business is hard. There are risks, of varying degrees, involved with such activities. Indeed, investors and entrepreneurs knowingly accept these risks in the …
In Henry VI, William Shakespeare wrote, “[d]efer no time, delays have dangerous ends” – a quote apropos to a discussion of laches. “The doctrine of laches is an equitable doctrine …
Sometimes a decision goes in a direction that the reader does not expect. Bashian & Farber, LLP v. Syms, 2019 N.Y. Slip Op. 04348 (2d Dept. June 5, 2019) (here), …
A forum selection clause is contractual provision that sets forth the location designated by the parties for dispute resolution. Such clauses can be found in virtually every type of contract …
It has been a little over one year since President Trump signed into law the Senior Safe Act of 2018 (“Act”) (here). Enacted as part of the Economic Growth, Regulatory …
In 1975, the New York Legislature adopted Article 9 of the Civil Practice Law and Rules (“CPLR”) to replace the State’s prior class action mechanism. City of New York v. …
