How Short is Too Short?
- Oct 30 2019
It is well settled that parties are free to contractually shorten a limitations period as long as their intent to do so is clearly stated and the time period is …
Posts Tagged ‘ Commercial Litigation ’
Extensions of Time to Serve Process Under CPLR 306-b
- Oct 25 2019
Under the present “commencement by filing” system, an action (or proceeding) (collectively, an “Action”) is commenced by filing (CPLR 304(a))the initiatory paper(s) with the “clerk of the court in the …
Stenographic Services, The Doctrine of Account Stated and The Statute of Frauds
- Oct 23 2019
Stenographic services are an important part of any litigation. After all, deposition and trial testimony must be recorded, as they are part of the record. Typically, the attorney noticing the …
MORTGAGE CONTINGENCY CLAUSES
- Oct 21 2019
Purchasing real estate, a new home for example, is an expensive proposition. It is rare that a new home buyer has enough cash on hand to make the purchase. Therefore, …
Lost Profit Damages: It Makes A Difference in Proof Whether the Damages Alleged Are General or Special
- Oct 16 2019
In today’s commercial world, businesses claiming breach of an agreement often seek lost profits resulting from the breach. The hurdle that the plaintiff must overcome when seeking such relief, however, …
In Pari Delicto, the Adverse Interest Exception and the Alleged Failure to Uncover Fraudulent Activity
- Oct 14 2019
In Pari Delicto, the Adverse Interest Exception and the Alleged Failure to Uncover Fraudulent Activity The doctrine of in pari delicto has been a part of the common law for …
SECOND DEPARTMENT DETERMINES THAT POTENTIAL REAL ESTATE BUYER IS NOT ENTITLED TO SPECIFIC PERFORMANCE BECAUSE THERE WAS NO ENFORCABLE CONTRACT
- Oct 11 2019
Specific Performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 A.D.3d 629 (2nd Dep’t 2005). Specific Performance is frequently used …
Oral Assurances That Conflict with Written Policies and Statutory Requirements Held Insufficient to Support Injunctive Relief
- Oct 9 2019
It is not uncommon for a client to claim that he/she had an agreement with another based on oral representations that were not memorialized in the writing between them. The …
WHEN IT COMES TO EVIDENCE, “FIRST-HAND KNOWLEDGE IS POWER”
- Oct 2 2019
This Blog has previously addressed issues surrounding various evidentiary issues faced by foreclosing mortgage lenders, among others, in proving their prima facie case on summary judgment. [HERE], [HERE], [HERE] and …
Temporary Receiverships
- Sep 20 2019
A temporary receivership, which is one of the provisional remedies available during litigation, is governed by Article 64 of the CPLR. CPLR 6401 addresses the “appointment and powers” of a …
