BE CAREFUL WHAT YOU STIP FOR
- Jul 16 2021
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 …
Category: Commercial Litigation
Duplication or No Duplication? That is the Question Decided by The Second Department
- Jul 12 2021
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 …
FIRST DEPARTMENT HOLDS THAT COUNSEL’S NAME ON AN EMAIL’S “PREPOPULATED” ADDRESS BLOCK EQUATES TO A “JOHN HANCOCK” AND SIMPLY SENDING AN EMAIL CAN OPERATE TO CREATE A BINDING SETTLEMENT AGREEMENT
- Jul 9 2021
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 …
Extensions of Time to Serve Process Under CPLR 306-b Revisited
- Jul 2 2021
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 …
Forget Pfizer!!! Obliterate COVID-19 With a Dose of the Mootness Doctrine
- Jun 25 2021
“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 …
A Contract That Means What It Says
- Jun 23 2021
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 …
First Department Awards Landlord Summary Judgment Based on Clear and Unambiguous Lease Provisions Regarding Common Area Restrooms and Hallway Construction
- Jun 18 2021
Care should be taken when drafting contracts so that the intention of the parties is set forth in a clear and unambiguous way. When contracts are clearly drafted, all parties …
Mortgage Foreclosure Complaint Dismissed, and Mortgage Discharged, As Time-Barred
- Jun 11 2021
This BLOG has written extensively on issues related to residential mortgage foreclosure including, but not limited to: the notice requirements of RPAPL 1304 [HERE], [HERE], [HERE], [HERE], [HERE], [HERE] and …
Q: What Do Get When You Add a Failure to Plead Justifiable Reliance, Loss Causation and a Duty Independent of a Contract? A: Dismissal of a Fraud Claim
- Jun 9 2021
In P & HR Solutions, LLC v. Ram Capital Funding, LLC, 2021 N.Y. Slip Op. 03554 (1st Dept. June 8, 2021) (here), the Appellate Division, First Department was faced with …
SECOND DEPARTMENT HOLDS THAT GOVERNOR CUOMO’S COVID-19 EXECUTIVE ORDERS CONSTITUTE A TOLL, AND NOT A SUSPENSION, OF FILING DEADLINES
- Jun 4 2021
It is an understatement to say that the impact of the COVID-19 pandemic on all aspects of life was far reaching. This Blog has written numerous articles specifically addressing the …
