To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more
Notarized affidavits will not be required for court submissions starting in the new year. As of January 1, 2024, New York CPLR Rule 2106 is amended to permit that an affirmed statement can be used in a New York action...more
New York Governor Kathy Hochul has signed bills enacting the Freelance Isn’t Free Act, extending the statute of limitations to file a lawsuit alleging unlawful discriminatory practices, and barring the inclusion of liquidated...more
On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more
It is well known that between New York’s enactment of the Marihuana Regulation & Taxation Act (commonly known as the Cannabis Law) on March 31, 2021 and the slower than anticipated adoption of regulations for adult-use...more
On December 30, 2022, Governor Hochul signed the New York Foreclosure Abuse Prevention Act (“FAPA”) into law, with immediate effect. FAPA not only applies to mortgage foreclosures sought in 2023 and beyond, it also applies...more
On December 30, 2022, New York Gov. Kathy Hochul signed into law the Foreclosure Abuse Prevention Act (the “Act”), which will hinder lenders and servicers’ ability to foreclose on New York homeowners. The Act makes the...more
Effective September 12, 2022, the New York Commercial Division Rules will require parties preparing responsive pleadings to “interlineate” the allegations which they are responding to within the responses themselves. Under...more
As practitioners and readers of this blog are aware, responsive pleadings are foundational documents prepared at the earliest stage of a litigation in which the responding party denies, admits, or states that she lacks...more
In a decision and order issued June 27, 2022, Justice Consuelo Mallafre Menendez of the New York State Supreme Court, Kings County, dismissed the challenge to the Gowanus Neighborhood Rezoning filed by the Voice of Gowanus...more
Escape from New York- According to data released by the IRS earlier this year, the pandemic triggered a “wealth migration” that saw high-tax states like New York lose high-income earners to low-tax jurisdictions such as...more
In the New York County Commercial Division, Justice David B. Cohen’s ruling in B&M Kingstone, LLC v. Mega Int’l Comm. Bank Ltd., 2022 NY Slip Op. 30481(U) (Sup. Ct. N.Y. Cnty. 2022) makes clear that New York courts can compel...more
New York’s insurance policy disclosure requirements have undergone noteworthy changes over the past few months. On December 31, 2021, Governor Hochul signed the Comprehensive Insurance Disclosure Act (the “Act”) into law. ...more
On December 31, 2021, the Comprehensive Insurance Disclosure Act became the law of the land in New York. The Disclosure Act amends CPLR 3101(f) by significantly expanding the insurance-related information that a defendant...more
Amendments to CPLR § 3101(f) now require the disclosure of voluminous information including insurance applications and information about other claims. Defendants in New York state court must produce extensive...more
On November 8, New York Governor Kathy Hochul signed into law the Consumer Credit Fairness Act (Act) (S.153/A.2382). The Act contains a series of amendments to New York’s Civil Practice Law and Rules (CPLR) that...more
One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines. On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8 to extend deadlines “for the...more
New York courts are trending towards a strict no-tolerance approach in disposing of cases for willful discovery violations. Under CPLR 3126(3), a party may seek to strike its opponent’s pleading for a willful failure to...more
Mac Parent LLC v. North American Elite Insurance Company, Index No. 906489/2020, Supreme Court, Albany County - On March 29, 2021, Justice Richard J. Platkin, of the Albany County Commercial Division, dismissed an...more
Effective Feb. 1, 2021, New York’s Uniform Rules for the Supreme Court and County Court will see sweeping changes. A product of the courts and power delegated by the New York State Constitution, these rules govern the...more
In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting the Tolkoff and Onyenwe cases shows how the Court distinguishes between a violation of...more