When a person releases another from claims or the threat of claims, he/she is giving up the right to sue the other in connection with the subject of the release. …
“The attorney-client privilege shields from disclosure any confidential communications between an attorney and his or her client made for the purpose of obtaining or facilitating legal advice in the course …
Sometimes during the course of litigation, through no fault of a litigant, his, her or their attorney becomes physically, mentally or legally incapable of representing the client. In such circumstances, …
Commercial contracts often include a liquidated damages clause that provides for the payment of a predetermined amount of damages in the event of a breach by one of the parties. …
Summary judgment is a procedural device permitting a litigant to seek judgment without a trial in circumstances where all issues in a case can be decided by a judge as …
A recurring theme in the jurisprudence concerning claims of fraud and breach of contract is duplication – that is, whether the fraud claim duplicates the breach of contract claim. It …
Editor’s Note: This article has been edited to make corrections. Courts are frequently faced with the need to adapt to changing technology. This Blog [here] previously addressed the case of …
Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE] and [HERE]. The background discussion in today’s Blog …
“It is a fundamental principle of our jurisprudence that the power of a court to declare the law only arises out of, and is limited to, determining the rights of …
In New York, contracts are to be construed in accordance with the parties’ intent. See, e.g., Slatt v. Slatt, 64 N.Y.2d 966 (1985). “The best evidence of what parties to …
