Monthly Archives: October 2015

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 … 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: 

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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:  

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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. 

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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: 

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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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