NY Business & Real Estate Litigator

My firm recently obtained an order dismissing an action by Aurora Loan Services LLC from the Bronx Supreme Court. Here is a copy of the Court’s order. The Court accepted the arguments we raised in an order to show cause that the lender had breached a forbearance agreement.  We had initially obtained a temporary restraining order as well to stop a sale.

If you have any legal questions or need help with a foreclosure action, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.

I have become so accustomed to the legal language that I find it amusing when my sister (a law school professor) and I have a discussion and rattle off terms quickly.  My wife sometimes finds our terminology confusing.  [Legal disclaimer:  she is a very intelligent professional but not a lawyer.]  It’s easy to forget that some words are not used on a regular basis outside of the law.  One of them is “preponderance.”  It is used to describe the proof given to a trial court.  In civil cases it means you have convinced the court that you are at least 51% right.  Here is a good explanation.

If you have any legal questions or need help with burden of proof in civil litigation, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.

Did you rely on someone’s words in a transaction and get misled?  You should consider whether the doctrine of equitable estoppel may help you in court.  Here is the often-cited standard. Continue reading →

Here is an often cited concept raised in contract litigation – the implied covenant of good faith and fair dealing: Continue reading →

Did someone make money off of you unfairly?  You may have a cause of action (claim) for unjust enrichment.   Continue reading →

If you have a contract and the other party has done something to prevent you from complying with your part of the bargain and then has the audacity to sue you for breach of contract, you will want to read this excerpt from a trial brief I submitted recently: Continue reading →

Here is an excerpt from a trial memorandum we submitted on the issue of whether the Statute of Frauds had been satisfied by partial performance of the parties.  This excerpt sets out the legal standards as developed by caselaw in New York.   Continue reading →

Here is a short summary of the law in New York regarding rescission of transactions consummated by fraud –  Continue reading →

When drafting an agreement, it goes without saying that you want to be as clear as possible.  Despite this adage, I find myself reviewing agreements prepared by non-attorneys and also by attorneys that make little sense.  Often, this goes unnoticed by all until there is a dispute and a litigator like me tries to figure out what occurred.  When I wear my business attorney hat, I use this knowledge and experience to try to avoid potential problems.  In some cases, I try to include a clause that states that both sides had a full and fair opportunity to have independent counsel review the agreement, that both sides participated in the drafting and negotiation of terms, and that any ambiguities should not be construed against either side as the drafter.  Continue reading →