As readers of this blog are well aware, we here at New York Commercial Division Practice take great pride in posting about proposed or amended rules of practice in the Commercial Division. Knowledge of the local rules is...more
Although discretionary, it is well-known among commercial practitioners that the Commercial Division justices generally like a Rule 19-a statement of material facts included with the submission of a summary judgment motion....more
As many practitioners are aware, the litigation process in New York often feels like a tortoise race, with many cases taking years to resolve. Section 3213 of the CPLR (“Summary Judgment in Lieu of Complaint”) is a bit of an...more
As readers of this blog are aware, the most contentious battles during a lawsuit are fought during discovery. Among the various discovery battles is scheduling depositions. In many cases, parties tend to reschedule...more
As readers of this blog no doubt are aware, clients sometimes take a “shoot first, ask questions later” approach during the early stages of litigation. This is especially true when bringing a CPLR 3213 motion for summary...more
In many cases, clients tend to place their trust, and often their livelihood, in the hands of their attorney. This expectation can be easily traced back to the attorney-client privilege, one of the oldest common-law...more
Whether in employment agreements or business transactions, drafters often include certain clauses within these documents to protect their client if litigation arises (e.g., arbitration clauses, forum- selection clauses)....more
A confession of judgment has often been viewed as an important tool in settling a litigation or finalizing a transaction. In 2019, the New York State Legislature made some significant amendments to the Confession of Judgment...more
As many practitioners know, it is common to dismiss a complaint for pleading defects that are readily apparent. However, another type of complaint has recently caused a significant amount of confusion in the Commercial...more
The old game of “hide-and-seek” brings many of us back to our childhood as one of our favorite ways to pass time during the summer. As commercial practitioners know, the concept of serving a summons and complaint in a case...more
Commercial Division Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. Upon receiving this notice, the responding party must then designate and produce a corporate...more
It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more
For commercial practitioners who happen to be fans of the TV series “The Office,” Dwight Schrute’s “Learn Your Rules, You Better Learn Your Rules” jingle perfectly describes the constant theme of practicing before the New...more
As mortgage loan transactions continue to become increasingly complex, lenders often worry about the remedies they have if borrowers fail to live up to their obligations. In the event of a default, lenders have the choice...more
4/1/2022
/ Borrowers ,
Commercial Litigation ,
Consumer Financial Products ,
Debt Collection ,
Default ,
Financial Services Industry ,
Foreclosure ,
Loan Agreements ,
Mortgage Lenders ,
Mortgages ,
One-Action Rule
Commercial transactions often involve parties from different states. When a dispute arises between diverse parties, the question of whether a party can obtain personal jurisdiction over a defendant becomes critical. This...more
New York’s Commercial Division has continuously taken the lead as an innovative forum, proposing rule changes that are aimed at increasing efficiency and overall effectiveness of the litigation process. ...more
9/30/2021
/ Business Litigation ,
Comment Period ,
Commercial Court ,
CPLR ,
Discovery ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Litigation Strategies ,
Regulatory Agenda ,
Technology-Assisted Review
The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more
7/29/2021
/ Breach of Contract ,
Business Interruption ,
Commercial Court ,
Commercial Insurance Policies ,
Contract Terms ,
CPLR ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Exclusive Jurisdiction ,
Forum Selection ,
Insurance Claims ,
Transfer of Venue ,
Unjust Enrichment ,
Venue
The Full Faith and Credit Clause of the United States Constitution provides that “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other state.” In terms of...more
6/1/2021
/ Business Litigation ,
Embezzlement ,
False Billing ,
Family Businesses ,
Forfeiture ,
Fraud ,
Full Faith and Credit Clause ,
In Rem Jurisdiction ,
Jurisdiction ,
Motion to Dismiss ,
Non-Parties ,
Settlement Agreements ,
Standing ,
Stipulated Judgment
Most commercial contracts contain a choice of law provision and/or forum-selection clause. Under New York law, it is well recognized “that parties to a contract may freely select a forum which will resolve any disputes over...more