Author Archives: Scott Lanin

Sale-Leasebacks: Loans In Disguise

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 … Continue reading

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Establishing A Breach Of Fiduciary Duty In A Commercial Case

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 … Continue reading

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New York’s Commercial Division – Electronic Filing

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 … Continue reading

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Depositions – Testing Fear And Weakness

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 … Continue reading

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Tips For Collecting Judgments – Hint: It Starts When You Form The Customer Relationship, Not When It Breaks Down

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 … Continue reading

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New York Courts Online

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

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Internet Law – Protecting Yourself From Domain Squatters

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 … Continue reading

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How To Recoup Your Money After Borrower Fails To Pay

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. … Continue reading

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Settlements in Litigation

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 … Continue reading

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Coming Soon!

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 … Continue reading

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