Category Archives: NY Business Litigator Blog / NY Real Estate Litigator Blog

Failure to Plead Fraud with Specificity

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

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Time Barred Claims – When Is It Too Late to Sue Under GBL §349?

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

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Contract Interpretation and the Parole Evidence Rule

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

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The Limited Liability Company’s Operating Agreement in New York

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

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Removing the Lis Pendens

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

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Feeling Contempt Toward Contempt

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

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Did You Actually Settle?

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.

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Confidentiality Language in Deeds will preclude Summary Judgment in Easement Disputes

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

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Summary of Summary Judgment

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:

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Knowledge of the Facts

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:

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