26 Years of Experience
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SCOTT LANIN, ESQ.
THE MARTIAL ARTS & COMMERCIAL LITIGATION
I have been an attorney since 1989 and have trained in the martial arts since 1984. Both fields share the same model for success: Avoid confrontation. Fight fiercely when necessary. Think creatively. Negotiate from strength. Overcome weakness. Pay rigorous attention to detail. Show courtesy and respect.
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RECENT POSTS
- A Thank You To Emil Onolfi November 10, 2015
- Thanks to Nicholas Ribaudo November 9, 2015
- Statute of Limitations for Commercial Claims November 9, 2015
- New York IRA and 401(k) exempt from alimony arrears? November 9, 2015
- Mechanic’s Lien for Equipment Rentals November 9, 2015
- Barred by Dirty Hands October 21, 2015
- Proving Service and Jurisdiction October 14, 2015
- Defenses to Breach of Contract October 12, 2015
- You Have a Cause of Action … Now What? October 10, 2015
- How Do You Actually Breach a Contract? October 8, 2015
COURTS & RESOURCES
BUSINESS & REAL ESTATE
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
Posted in NY Business Litigator Blog / NY Real Estate Litigator Blog
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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:
Posted in NY Business Litigator Blog / NY Real Estate Litigator Blog
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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.
Posted in NY Business Litigator Blog / NY Real Estate Litigator Blog
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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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