As readers of this blog are aware—click here, here, here, and here for related posts—the CPLR 3213 motion for summary judgment in lieu of complaint can be a powerful tool to secure an expedited judgment, “meld[ing] pleading
A New(ish) Face in the Bronx County Commercial Division
The Commercial Division in Bronx County hasn’t been around all that long, opening its doors for adjudication in September 2019 with its very first case, Manhattan Beer Distributers LLC v Biagio Cru and Estate Wines, LLC. Justice Eddie McShan
Corporate Oppression Doctrine Meets Sex Discrimination: A Conversation with Professor Meredith Miller
This week’s post introduces the latest episode of the Business Divorce Roundtable podcast, featuring an interview with Professor Meredith Miller of Touro Law Center discussing her recent law review article entitled Challenging Gender Discrimination in Closely Held Firms: The Hope
Updates to Commercial Division Rules Concerning Discovery of ESI
On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed administrative order amending the commercial division rules to modernize and streamline the rules concerning ESI.
An Interesting Tale of New York’s One-Action Rule
As mortgage loan transactions continue to become increasingly complex, lenders often worry about the remedies they have if borrowers fail to live up to their obligations. In the event of a default, lenders have the choice under New York’s election
Oral Modifications to Written Agreements? Better Get Them in Writing Says the Commercial Division
In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between the parties. In this blog post, we
Buyer’s Remorse Does Not Constitute Duress, Holds First Department
A recent decision from the First Department reminds us that New York courts are not sympathetic to duress claims when the alleged acts or threatened acts fall within the ambit of the defendant’s rights under a valid agreement.
In Zhang
A New Opportunity to Settle Your Case Quickly with Your Adversary on the Way to Court
It’s no secret to anyone litigating in the Commercial Division over the past couple years during the COVID era that the judges of the Commercial Division have been particularly keen on lightening their dockets by encouraging, and even participating in,
Limitations on the Rights of Minority Owners in Closely-Held Businesses
Despite all the statutory and common law protections, minority owners remain, in many ways, subject to the whim of the majority. Those considering investment in a closely-held business, negotiating an owners’ agreement, or contemplating litigation are wise to consider the
Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye!
Most New York practitioners are aware that certain causes of action are triable by a jury, while other claims are triable only by the court. For example, causes of action for money damages, such as tort claims, contract claims, and