26 Years of Experience
SCOTT LANIN, ESQ.
Lanin Law P.C.
505 Eighth Avenue, 14th Flr.
New York, NY 10018
THE MARTIAL ARTS & COMMERCIAL LITIGATIONI have been an attorney since 1989 and have trained in the martial arts since 1984. Both fields share the same model for success: Avoid confrontation. Fight fiercely when necessary. Think creatively. Negotiate from strength. Overcome weakness. Pay rigorous attention to detail. Show courtesy and respect.
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- A Thank You To Emil Onolfi November 10, 2015
- Thanks to Nicholas Ribaudo November 9, 2015
- Statute of Limitations for Commercial Claims November 9, 2015
- New York IRA and 401(k) exempt from alimony arrears? November 9, 2015
- Mechanic’s Lien for Equipment Rentals November 9, 2015
- Barred by Dirty Hands October 21, 2015
- Proving Service and Jurisdiction October 14, 2015
- Defenses to Breach of Contract October 12, 2015
- You Have a Cause of Action … Now What? October 10, 2015
- How Do You Actually Breach a Contract? October 8, 2015
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BUSINESS & REAL ESTATE
Author Archives: Scott Lanin
CPLR §3016(b) requires fraud claims to be pleaded with specificity. The required elements of a cause of action for fraud are: “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff … Continue reading
A court may dismiss a claim if parties assert the claim beyond the statutory time limit. CPLR §3211(a)(5) authorizes the Court to dismiss a cause of action on the ground that “a relevant statute of limitations has expired.” I recently briefed this in the context … Continue reading
When a contract is disputed as to its intent or terms, parties cannot simply throw every piece of evidence they may have collected to persuade the court of the contract’s true meaning. Courts use the Four Corners approach and the … Continue reading
The Operating Agreement is the document that controls the operations of an LLC. It is similar to corporate bylaws or a shareholder’s agreement or a partnership agreement. Unlike the articles of organization which is a public document, the operating agreement … Continue reading
Though it may sound like it, removing the lis pendens is not in the game Operation. A Lis Pendens, is simply a public notice of a pending lawsuit. I recently handled a dispute over a driveway easement and filed a lis … Continue reading
Being held “in contempt of court” is one of those tropes Hollywood loves to use, but in reality, it can occur for much less than throwing a tantrum during trial. If a party does not obey or breaches a court … Continue reading
If the validity of a settlement is in dispute, one test is to check whether the settlement was made in court or in writing, and whether the court conducted an allocution.
Branching off from last month’s discussion of Summary Judgment (if you missed that click HERE), different causes of action will bring about different standards for what truly is triable question of fact. Disputes over easements, for example, look at multiple … Continue reading
One of the most common, if not the most common motion in litigation is the Motion for Summary Judgment. But what is summary judgment? Here is an excerpt from one of my briefs:
I recently opposed a motion for summary judgment on the grounds that opposing party’s attorney lacked any knowledge of facts and thus the party failed to meet their burden of proof. Here is an excerpt from my brief: