In general, statutes of limitation govern the time in which a cause of action must be interposed after accrual.  [This BLOG has previously addressed Statute of Limitations issues < HERE =">HERE</a>"> and < HERE =">HERE</a>"> .]  Article 2 of the CPLR addresses statute of limitations issues in New York.  Section 201 of the CPLR provides that “ n action … must be commenced within the time specified in this article unless a different time is prescribed by law or a shorter time

Forum non conveniens is a common law doctrine in which a court may dismiss an action because adjudication of the matter is more appropriate in another forum. In New York, the doctrine can be found in CPLR § 327(a). Under this section, a court may stay or dismiss an action if it finds “that in the interest of substantial justice the action should be heard in another forum.” CPLR § 327(a). The party seeking dismissal bears the burden of establishing that New York is not the pr

In very general terms, fraudulent conveyance statutes are designed to protect creditors from situations where a debtor transfers its assets or property to a creditor’s detriment.  Sometimes such transfers are made with actual intent to defraud.  Other times, transfers may be deemed to be constructively fraudulent regardless of the actual intent of the debtor/transferor. In Sarfati v. Palazzolo , 2020 N.Y. Slip Op. 30432(U) (Sup. Ct., N.Y. County Feb. 7, 2020) ( here ), Justic

People text and e-mail all day and every day.  When communicating from a personal smart phone, a privately-owned personal computer or over a personal e-mail network, concerns over privacy are minimized.  However, folks do a fair share of their personal business while at work -- often utilizing their work e-mail systems, smart phones and personal computers for same.  While convenient, such practices could present problems as an employer may be permitted to have access to infor

In today’s Fraud Notes, we look at two fraud cases involving real estate: Lash v. Schleider , 2020 N.Y. Slip Op. 30406(U) (Sup. Ct., N.Y. County Feb. 11, 2020) ( here ); and Goff v. Parker , 2020 N.Y. Slip Op. 30396(U) (Sup. Ct., Suffolk County Feb. 10, 2020) ( here ). Lash v. Schleider Lash arose from a contract between plaintiffs, Lori Lash, Robert Lash, and Goldsholle, LLC (“Goldsholle”), and the moving defendants, Jeffrey Schleider (“Schleider”) and Miron Properties, LLC

Elder financial exploitation is a significant problem. Everyone reading this article may be affected in some way. Our family, friends, neighbors, colleagues, and/or customers may fall victim to financial exploitation. All of us are at risk of being financially abused and/or exploited as we grow older. Seniors are Particularly Vulnerable to Financial Abuse and Exploitation Research indicates that as seniors grow older, they become too trusting and fail to recognize false or mi

In New York State, money judgments are valid for 20 years.  CPLR § 211(b) .  Money judgments recorded in the county in which real property is located remain liens on that real property for only 10 years.  CPLR § 5203(a) .  The CPLR, however, permits a judgment creditor to obtain a “renewal judgment,” which would operate to extend the lien of a money judgment on real property for an additional 10-year period.  CPLR § 5014 .  Thus, CPLR § 5014 presently provides, in pertinent p

On February 6, 2020, Justice Jennifer G. Schecter of the Supreme Court, New York County issued a decision in which she ruled, among other things, that Kesha Rose Sebert (better known by her stage name as Kesha) defamed Lukasz Gottwald (“Gottwald”), the music producer known as Dr. Luke, and Kesha’s former producer, when she claimed, in a text message to Lady Gaga, that he had raped Katy Perry. Gottwald v. Sebert , 2020 N.Y. Slip Op. 30347(U) (Sup. Ct., N.Y. County Feb. 6, 2020

Readers of this Blog know that we like to write about fraud cases. After all, a fraud can be perpetrated in so many contexts. Indeed, the circumstances upon which one can deceive another are limited only by the imagination of the wrongdoer. Sometimes, there are too many reported decisions for us to examine in the depth to which our readers have become accustomed. For this reason, we have created the “Fraud Notes” post in which we will examine multiple decisions addressing fra