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 …
CPLR § 306-b provides: Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall …
Many contracts require that a party procure an “Additional Insured” endorsement to their commercial general liability (and similar) insurance policies. Generally, the purpose of an “Additional Insured” endorsement is to …
It is widely known that there is a residential foreclosure crisis throughout the country and New York State is no exception. The New York State Legislature responded by promulgating a …
Black’s Law Dictionary has defined “escheat” as “[a] reversion of property to the state in consequence of a want of any individual competent to inherit.” Many people are aware that …
The claim of assumpsit (from the Latin indebitatus assumpsit) was “developed to redress circumstances involving unjust enrichment or to ‘prevent a man from retaining the money of, or some benefit …
Implicit in every contract is a covenant of good faith and fair dealing. New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 318 (1995). “The covenant is breached where …
