Promissory Notes and Summary Judgment in Lieu of A Complaint
- Mar 8 2021
“Summary judgment is a judgment entered by a court for one party and against another party without a full trial.” (Here.) The motion is designed to avoid unnecessary trials – …
Category: Commercial Litigation
The Saving Provisions of CPLR 205(a)
- Mar 5 2021
Many times, the applicable statute of limitations expires during the pendency of an already commenced action. No problem – right?, While generally speaking such an occurrence should not be a …
Fraud and the Effort to Obtain an E-2 Visa
- Mar 1 2021
“You can’t have fraud if you disclose it,” said the motion court in Ibarrondo v. Evans, 2020 N.Y. Slip Op 30051(U) (Sup. Ct., N.Y. County Jan. 6, 2020) (here), aff’d, …
“Can I Sue ‘em For My Legal Fees?”
- Feb 26 2021
Frequently, the first question asked by a potential client when consulting about a new litigation matter is “can we sue them for our legal fees.” Clients are often dismayed to …
Sometimes The Facts Are Just Not On Your Side
- Feb 24 2021
As the title of this article suggests, there are times in litigation where the facts simply do not support a claim or defense advanced by one or more of the …
The Purchase of Andy Warhol’s “Uncle Sam” Screen Print Edition 1/5 and The Dispute That Followed
- Feb 22 2021
In today’s article, we examine familiar territory: complaints alleging breach of contract and fraudulent inducement. Kleber v. 10012 Holdings Inc., 2021 N.Y. Slip Op. 30441(U) (Sup. Ct., N.Y. County Feb. …
The New York Court Of Appeals Decides Four Cases, In One Opinion, Addressing And Clarifying Issues Related To The Timeliness Of The Commencement Of Mortgage Foreclosure Actions
- Feb 20 2021
This BLOG has written extensively on issues related to residential mortgage foreclosure actions. Indeed, earlier this month, in “PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT”, this BLOG provided an overview of the …
The Actionability of Corporate Puffery and Statements of Opinion
- Feb 17 2021
“We make premium widgets with the highest quality metals.” Assume for the moment, the widgets are made from alloys that are prone to imperfections. Also assume that the speaker sincerely …
THE FIRST DEPARTMENT PERMITS AN ACCOUNTING OF THE PAYOFF AMOUNT DELIVERED TO THE LENDER AT CLOSING WHEN THE PROPERTY SUBJECT TO A MORTGAGE FORECLOSURE ACTION IS SOLD BY BORROWER PRIOR TO A REFEREE BEING APPOINTED TO COMPUTE
- Feb 12 2021
his BLOG has addressed too may issues regarding residential mortgages to mention. [Type “mortgage foreclosure” in the search engine box on our BLOG page to find related articles.] A mortgage …
Court Finds No “At-Issue” Waiver of the Attorney-Client Privilege in Complex Note Transaction Case
- Feb 10 2021
It is well settled that communications between an attorney and a client for the purpose of obtaining legal advice are privileged and not discoverable unless the privilege is deemed to …
