NY Business & Real Estate Litigator

My firm just submitted a post-trial brief in a commercial case where we argued that a sale agreement which had a leaseback and an option to repurchase was intended to be a financing arrangement and loan between the parties.  Here is the relevant excerpt from the brief:  Continue reading →

My firm just finished a trial in the Kings Supreme Court that lasted several months concerning a commercial dispute over real estate.  One of the issues we briefed in our post-trial memorandum of law deals with the question of whether the other party was a fiduciary to our firm’s client.  Here is an excerpt from my brief on the applicable legal standards: Continue reading →

New York Supreme Court’s Commercial Division changed to mandatory electronic filing last year. It is a good system and has made filings easy to do and to prove. The State Courts are finally catching up with the Federal Courts. I have been filing papers electronically in the Bankruptcy Courts for years going back to the 90’s.  Here is the Court’s notice explaining the requirement.

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

In the martial arts, you can sometimes see fear or uncertainty in the eyes of an opponent or attacker. Sometimes you cannot see it until you are under way. Litigation is like that. People huff and puff that they will blow your house down but it is not until they are confronted that you really see if they mean it. The earliest time that this typically occurs in litigation is at the deposition. That is when a party must testify under oath about their case. Continue reading →

If you obtain a judgment against a client or customer, what’s next? Well you might consider trying to locate and levy on a bank account or try to garnish salary. A smart practice for a businessperson is to start thinking about this at the beginning of the customer relationship when things are good, not at the end when things may have fallen apart. Continue reading →

If you want to check out a court docket in a New York State case, try searching ecourts.com.

What do you if someone with no legal rights to your trademark or name sets up a domain that is confusingly similar?

There are generally two options. You can (1) bring a proceeding under the provisions of an international arbitration system known as the Uniform Dispute Resolution Process (UDRP) administered by the Internet Corporation of Assigned Names and Numbers (ICANN), or (2) sue in Federal Court under the The Anticybersquatting Consumer Protection Act (ACPA).

In order to stop a cybersquatter, you must prove the domain name registrant had bad-faith intent to profit from your distinctive name or trademark and that the domain name is identical or confusingly similar to your name or trademark. Continue reading →

Here is a nicely written article on debt collection by a NJ attorney. I have been handling this type of work since 1989 in New York State for lenders, mortgage companies, lessors, and a wide variety of businesses and individuals. This basically falls under the category of law called Creditors Rights. The “art” side of this is how to determine the best strategic approach and whether you can seize collateral by resorting to self-help (without breaching the peace and without an order of seizure from a court). Continue reading →

It is often said that the best settlement is one where both sides walk away a little unhappy. This makes sense. In order to resolve a dispute, each side must compromise. When one or both parties to a dispute are unwilling to compromise and decide to litigate and go to trial, they place their fate in the hands of a judge or jury and face the costs and uncertainties of litigation. In any settlement negotiation each side must weigh those costs and uncertainties against what rights and property they might be giving up in any potential settlement. Continue reading →

Welcome to the New York Business and Real Estate Litigator Blog!  Please stay tuned for posts! In the meantime, please check out www.nyforeclosurelaw.com for my other blog dealing with foreclosure, mortgage strategies and solutions, loan modification and bankruptcy law.

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