DEATH AND LITIGATION
- Aug 14 2020
Litigation can be a long and drawn out process. As a result, parties sometimes die during the pendency of a lawsuit. In such a case, CPLR § 1015 – Substitution …
Category: Commercial Litigation
“Inextricably Interwoven” Issues Support Stay of Litigation Pending Outcome of Arbitration
- Aug 10 2020
In the past, we have written about many aspects of arbitration. Our articles have covered issues such as the duty to arbitrate, as well as the bases upon which to …
ELECTION OF REMEDIES UNDER RPAPL § 1301
- Aug 7 2020
Generally, when a loan is made by a lender that is secured by real property, two of the documents delivered to the Lender by the borrower are a promissory note …
Unjust Enrichment and the “Battle of the Breaches”
- Aug 5 2020
The elements of a cause of action for breach of contract are: (1) the existence of a contract between plaintiff and defendant; (2) performance by one party; (3) the other …
Concealment of Information Helps Save Complaint From Statute of Limitations Dismissal
- Aug 3 2020
Statutes of limitations limit the duration of a defendant’s liability for all types of alleged wrongdoing. Plaintiffs who do not prosecute their claims within the limitation period will find the …
INFORMAL APPEARANCES
- Jul 31 2020
It makes sense that a “plaintiff appears merely by bringing it.” Deutsche Bank Nat. Trust Co. v. Hall, ____ N.Y.S.3d ___, 2020 WL 4342753 (July 29, 2020) (citation and internal …
LOVE THY NEIGHBOR: REVISITED
- Jul 24 2020
In our prior Blog “’Love Thy Neighbor’ Is Not Always the Case,” which should be reviewed in conjunction with the instant Blog, section 881 of New York’s Real Property Actions …
Breach of Contract, Duplication of Claims and the Statute of Frauds: An Interesting Mix
- Jul 22 2020
Over the past several months, this Blog has examined cases in which plaintiffs brought contract claims and fraud claims in the same action (here, here and here). As discussed in …
Purchasers Should Take Mortgage Contingency Clauses Literally
- Jul 17 2020
This Blog has previously addressed issues concerning mortgage contingency clauses. [HERE] Briefly stated, mortgage contingency clauses in contracts for the sale of real property make the sale contingent on the …
Emails, Breach of Contract and the Statute of Frauds
- Jul 15 2020
In today’s article, we examine ASV Techs., Inc. v. Sterling Natl. Bank, 2020 N.Y. Slip Op. 32208(U) (Sup. Ct., N.Y. County July 7, 2020) (here). ASV involved the Statute of …
