When representing an aggrieved plaintiff in a commercial matter, there are certain business torts that I tend to rely on more heavily than others. If business torts were foods, for example, a claim like breach of contract...more
12/22/2023
/ Aiding and Abetting ,
Breach of Contract ,
Breach of Duty ,
Business Disputes ,
Capital Investments ,
Causation ,
Commercial Litigation ,
Fiduciary Duty ,
Fraudulent Inducement ,
Operating Agreements ,
Tortious Interference
As readers of this blog are aware the CPLR 3213 motion for summary judgment in lieu of complaint can be a powerful tool to secure an expedited judgment, “meld[ing] pleading and motion practice into one step, allowing a...more
A recent decision from the First Department reminds us that New York courts are not sympathetic to duress claims when the alleged acts or threatened acts fall within the ambit of the defendant’s rights under a valid...more
What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more
1/7/2022
/ Breach of Contract ,
Breach of Duty ,
Business Disputes ,
Business Litigation ,
Commercial Court ,
Constructive Trusts ,
Family Members ,
Fiduciary Duty ,
Fraud ,
Fraudulent Conveyance ,
Motion to Dismiss ,
Statute of Limitations ,
Unjust Enrichment