New York Law Journal | Analysis
By Patrick M. Connors | February 28, 2024
In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
By Patricia Kane | February 27, 2024
Reverse Mortgage Foreclosure—RPAPL 1501 Complaint Reinstated—Foreclosure Abuse Prevention Act (FAPA)—CPLR 213(4)(b)—Lender…
By Massimo F. D'Angelo and Gregory Wong | February 22, 2024
If used appropriately, a CPLR 3213 motion for summary judgment in lieu of complaint is a useful tool that can provide a landlord with an accelerated money judgment against a guarantor without the need to engage in costly and time-consuming formal pleadings, lengthy discovery, and other motion practice.
By ALM Staff | February 21, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | February 21, 2024
Conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.
New York Law Journal | Commentary
By Roger Bennet Adler | February 21, 2024
As the Trump Organization processes the court's decision (and its financial implications), attention will inevitably focus on the Trump Organization's reliance on disclaimers as a defense to fraud.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | February 20, 2024
The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.
By Adrienne B. Koch | February 20, 2024
This four-part series will examine how litigation impacts various aspects of practice in the real estate industry. It will also explore how even well-informed parties (and their counsel) frequently trip up by not anticipating how New York's courts will apply the law in their situation. This first article in the series will discuss some of the hazards of statutes of limitations, which have an appearance of simplicity that can be deceptive.
By ALM Staff | February 20, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
By Anthony Michael Sabino | February 16, 2024
A discussion of the case 'Union Asset Management Holding AG v. Philip Morris International Inc. (In re Philip Morris International Inc. Securities Litigation) where the Second Circuit elucidates on distinguishing fact from opinion.
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