Do Not Complain About What You Annex to Your Complaint
- May 5 2023
By Jonathan H. Freiberger Pursuant to CPLR 3014, inter alia, “[a] copy of any writing which is attached to a pleading is part thereof for all purposes.” Where “a copy …
Category: Indemnification
NEW YORK COURT OF APPEALS REAFFIRMS THAT, WITH RESPECT TO SHIFTING OF RESPONSIBILITY FOR PAYMENT OF ATTORNEY’S FEES, THE AMERICAN RULE RULES
- Oct 21 2022
By Jonathan H. Freiberger As discussed previously in this Blog [here], the first question asked by a potential client when consulting about a new litigation matter is “can we sue …
The Third Department Addresses Liability for Construction Related Flood Damage Resulting From the Diversion of Storm Water – Volume 2
- Aug 27 2021
By Jonathan H. Freiberger Last week this Blog examined WFE Ventures, Inc. v. GBD Lake Placid, LLC, decided on August 12, 2021, by the Appellate Division, Third Department, which addressed …
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 …
Contribution and Indemnity: Court Rejects Claims for Both
- Oct 15 2018
The distinction between common-law indemnification and contribution is important, though its application is often difficult to navigate. Glaser v. Fortunoff, 71 N.Y.2d 643, 646 (1988) (noting, “the distinction [between the …
