On December 12, 2017, the New York Court of Appeals resolved an ambiguity in Rule 908 of the Civil Practice Law and Rules, concerning whether the parties to a putative …
There is an old idiom that says: “the devil is in the details.” It generally means that although something may seem simple, the details are complicated and likely to cause …
Certain issues regarding Labor Law §240 were discussed in “Be Helpful at Your Own Peril”, an article posted on this Blog on October 20, 2017. Again, Labor Law § 240 …
Yellowstone injunctions got their name from First National Stores, Inc. v. Yellowstone Shopping Center, Inc., 21 N.Y.2d 630, 290 N.Y.S.2d 721 (1968). A commercial tenant that is faced with the …
Many leases provide for a tenant’s option to purchase the subject real property. The recent case of Blackburn Food Corp., et. al. v. Ardi, Inc., et. al., (Sup. Ct. Suffolk …
If a contracting party intends for the obligations under a contract to be executed by a business entity, it is critical that the person executing the contract on behalf of …
Preliminary injunctions can be an important and potent weapon in business and commercial litigation. In New York, “[a] preliminary injunction may be granted … where it appears that the defendant …
Parties to commercial and business disputes frequently encounter and litigate the threshold question whether their dispute must be arbitrated rather than litigated in court. But, before this question can be …
Mortgages on real property are typically delivered to a lender to secure loans evidenced by promissory notes. When a default occurs under the note and/or mortgage litigation frequently follows. If …
The Basics A contract is an agreement between two or more parties to do something (e.g., provide goods or services) in exchange for a benefit. When one or more parties …
