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 …
Blog
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 …
In Case of First Impression, Fourth Department Holds That Discharge in Bankruptcy Does Not Bar Ability to Commence Foreclosure Proceeding
- Nov 18 2019
On November 15, 2019, the Appellate Division, Fourth Department, issued a decision involving the impact, if any, of a bankruptcy discharge on a subsequent foreclosure proceeding – an issue, the …
Who Decides Whether A Binding Agreement to Arbitrate Exists? First Department Tackles This Threshold Question
- Nov 16 2019
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead of a judge or …
Enforcement News: SEC Amends Complaint to Charge Issuer and CEO with Violating Anti-Retaliation Laws to Silence Whistleblowing by Company Investors
- Nov 13 2019
Retaliation is the primary concern among those who decide to blow the whistle on wrongdoing. It represents a significant impediment to obtaining the primary goals of whistleblowing: accountability and transparency …
First and Fourth Departments Affirm Dismissal of Fraud Actions on Justifiable Reliance and Statute of Limitations Grounds, Respectively
- Nov 11 2019
Last week, two Appellate Division courts affirmed the dismissal of fraud claims because the parties asserting the claims failed to demonstrate justifiable reliance, and assert their claim within the statute …
The Importance of Following Termination Provisions of Construction Contracts
- Nov 8 2019
This Blog, in “Contract Must be Enforced According to Its Clear and Concise Terms Says Second Department,” analyzed Gristede’s Operating Corp. v. Scarsdale Shopping Ctr. Assoc., LLC, 2019 N.Y. Slip …
Contract Must Be Enforced According to Its Clear and Concise Terms Says Second Department
- Nov 6 2019
Under New York’s rules of contract interpretation, “when parties set down their agreement in a clear, complete document, their writing should be enforced according to its terms.” Riverside S. Planning …
