A Thank You To Emil Onolfi

I want to make a special mention here to thank Emil (EJ) Onolfi for his invaluable assistance with legal research and writing for some of my blog posts on commercial litigation issues.  EJ is a 2d year law student at Brooklyn Law School and is currently interning with my law firm this semester.  My paralegal Diana and I wish him the best of luck in his future career as an attorney.

Scott

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Thanks to Nicholas Ribaudo

I want to make a special mention here to thank Nicholas Ribaudo for his assistance with helping to get many of my blog posts online and with writing and editing.  Nick is a 2d year law student at Brooklyn Law School and is currently interning with my law firm this semester.  He has done a fantastic job helping me and my paralegal Diana and we wish him the best of luck in his future career as an attorney.

Scott

 

 

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Statute of Limitations for Commercial Claims

The law makes sure that no one needs to fear the threat of lawsuit for the rest of their lives over one incident. Statute of limitations provide set time limits for different causes of action, and once that time has passed, that claim can no longer be brought in front of a court. Here are the standards for some of the more common commercial claims in New York.  Continue reading

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New York IRA and 401(k) exempt from alimony arrears?

A former spouse does have a legal basis to try to enforce the judgment for alimony against an IRA and 401(k) in New York. The accounts would fall within this exception in CPLR 5205(c)(4) and would not be exempt under these circumstances. See a comprehensive analysis of the law below… Continue reading

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Mechanic’s Lien for Equipment Rentals

Suppliers of labor and materials may run into a problem when a customer does not pay for the services or materials provided. It is only fair that owners of a project that benefited from these contractors and suppliers should pay for these services and materials. New York Lien Law permits contractors and supplies to file a Mechanic’s Lien against the owner of project whose real estate was improved. But, can equipment lessors use the same legal process? Continue reading

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Barred by Dirty Hands

A plaintiff’s case may be barred from litigation if the plaintiff’s conduct constitutes unclean hands, meaning that the plaintiff acted inequitably. If a plaintiff is found to have unclean hands then he is not allowed to look to the court system to help his action. Here is an excerpt from a brief of mine dealing with a claim of unclean hands:  Continue reading

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Proving Service and Jurisdiction

In many disputes over personal jurisdiction, the issue of proper service is raised by a defendant. Here is an excerpt from my brief dealing with such a defense:  Continue reading

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Defenses to Breach of Contract

I just dealt with these defenses in a recent case: accord and release and waiver. Here are the legal standards:   Continue reading

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You Have a Cause of Action … Now What?

So you have a case to file but the question is, where and in what court do I file? In New York State, there is a Supreme Court in each of the counties. Each one is a court of general jurisdiction.  Continue reading

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How Do You Actually Breach a Contract?

While many business litigation cases commonly include a breach of contract claim, what does it actually entail? Here is a quick excerpt from one of my briefs explaining what a breach actually is:  Continue reading

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