NY Business & Real Estate Litigator

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

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 →

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 →

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 →

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 →

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 →

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

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 →

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 →