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Oral Modifications to Written Agreements? Better Get Them in Writing Says the Commercial Division

In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more

New Supreme Court Rule on Summary Judgment Motions: “Just the Facts, Ma’am”

Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies.  Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more

Litigator's Toolkit: Know the Law, Know the Rules, Know your Judge

We all know that understanding the law is a first step to good lawyering. But understanding what the particular judge assigned to your case likes and dislikes, and her pet peeves is just as important for your success as an...more

A Prior Inconsistent Statement Is Not Necessarily Your Road to Judicial Estoppel

You have been engaged in extensive motion practice in the Supreme Court of the State of New York. You learn that your adversary, it appears, has taken a position contrary to the one taken in a prior proceeding. These...more

General Release Bars Family from Recovering Art from the Holocaust

A general release: the end of a litigation or relinquishment of a right? Every attorney and litigant often breathes a sigh of relief when a litigation comes to a conclusion. But is that always the case? Not when the release...more

Doping Suit Brought by Vijay Singh: Appellate Division Affirms Denial of PGA Tour’s Motion

In May 2013, professional golfer Vijay Singh (“Singh”) brought suit against PGA Tour, an organizer of the leading men’s professional golf tours and events in North America, in Vijay Singh v. PGA Tour, Inc. PGA Tour enacted an...more

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