REFORMATION OF CONTRACTS
- Oct 16 2020
In order for the conduct of business to proceed in an orderly fashion, folks need to be confident that, in general, the contracts that they enter into, particularly when “the …
Category: Commercial Litigation
Enforceability of Notes, Emails and Oral Agreements
- Oct 14 2020
Attorneys are often asked whether an agreement that is not formally reduced to writing or not in writing at all is enforceable. Most will say that the answer depends on …
RELYING ON RESPONDEAT SUPERIOR THEORY, FOURTH DEPARTMENT HOLDS COMPLAINT STATES A CAUSE OF ACTION FOR DEFAMATION AGAINST EMPLOYER BASED ON EMPLOYEE’S FACEBOOK POSTS
- Oct 9 2020
“Pursuant to the doctrine of respondeat superior, an employer can be held vicariously liable for torts committed by an employee acting within the scope of employment.” Horvath v. L&B Gardens, …
Summary Judgment Affidavits Versus A Verified Pleading: Court Finds Triable Issues of Fact
- Oct 5 2020
Under New York law, a party commences a civil action by filing a summons and complaint. Generally speaking, these documents set forth the claims that are being asserted against the …
Court Addresses Various Claims By Minority Shareholder Allegedly Oppressed By The Actions of The Majority
- Sep 30 2020
In looking at the causes of action asserted in Kocak v. Dargin, 2020 N.Y. Slip Op. 33121(U) (Sup. Ct., N.Y. County Sept. 23, 2020) (here), one could walk away with …
Court Rejects COVID-19 as Defense, Saying the “Pandemic is Not a Catch-All Defense to Disputes that Began Last Year”
- Sep 28 2020
“A promissory note is a financial instrument that contains a written promise by one party (the note’s issuer or maker) to pay another party (the note’s payee) a definite sum …
Third Department Gives No Break to Pro Se Litigant Attempting to Vacate a Default Judgment
- Sep 25 2020
After being served with a summons and complaint in a lawsuit, a defendant generally appears and serves an answer or makes a motion seeking to dismiss some or all of …
Service on an Unregistered Foreign Corporation
- Sep 23 2020
A threshold question for litigants is whether the court can exercise personal jurisdiction over the defendant. After all, a court cannot issue a valid and binding judgment without possessing such …
SECOND DEPARTMENT INVOKES ESTOPPEL TO PREVENT A MORTGAGE FORECLOSURE DEFENDANT FROM ARGUING THAT SHE WAS SERVED WITH PROCESS AT AN IMPROPER ADDRESS
- Sep 21 2020
Over the years, this Blog has addressed numerous issues involving mortgage foreclosures in New York. [HERE], [HERE], [HERE], [HERE] [HERE], [HERE], [HERE], [HERE] [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], [HERE], …
Cell Phones, Videos, WhatsApp and The Spoliation of Evidence
- Sep 14 2020
Under CPLR § 3101, New York State’s procedural rule governing disclosure of documents and information, “there shall be full disclosure of all matter material and necessary in the prosecution or …
