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
COURTS & RESOURCES
BUSINESS & REAL ESTATE
Monthly Archives: October 2015
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 … Continue reading
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:
I just dealt with these defenses in a recent case: accord and release and waiver. Here are the legal standards:
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.
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:
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