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.
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.
By Leslie A. Firtell | February 21, 2024
A look at the benefits of using contract staffing when faced with downsizing.
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | February 21, 2024
This article examines 'Reveam v. Taylor Freres Capital Markets', a recent decision from the New York Supreme Court applying New York's long-arm statute to assess specific personal jurisdiction over a non-resident defendant.
New York Law Journal | Analysis
By Corinne Ball | February 21, 2024
This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
By Scott Mollen | February 20, 2024
Scott Mollen discusses "Coritsidis v. K'Hal Bnei Torah of Mount Ivy," involving a challenge to the expansion of synagogue in a residential area.
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.
New York Law Journal | Analysis
By Marc Lieberstein and Chris Caiaccio | February 20, 2024
In this article, Marc Lieberstein and Chris Caiaccio discuss recent legislative developments that represent the clearest attack on the franchise model to date that may present challenges to the growth of franchising in the year ahead.
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.
New York Law Journal | Expert Opinion
By Kevin B. Frankel, Molly M. White and Alex J. Scandroli | February 20, 2024
The authors expect a wave of lawsuits against private equity firms by investors in the wake of private actions brought against the collapsed crypto platform FTX.
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