Recent Publications - Commercial Litigation


Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable
November 21, 2022 | Commercial Litigation

Benjamin Wisher authored the article, “Contracting Around CPLR 202: “Accrual” Borrowing Statute in New York Practice and Why its Current Application is Unworkable,” for the Albany Law Review.

“Amongst New York’s legal practitioners, it is common knowledge that a claim for relief arising under the breach of a contract must be interposed within six years.

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The Potential Liabilities of an Inground Swimming Pool
August 17, 2022 | Commercial Litigation

Many of Long Island’s residents share a deep love for the area’s dreamy summers. From dense wooded hiking trails to quiet secluded beaches overlooking the Long Island Sound, the area offers residents the perfect environment to enjoy nature and summertime.

In addition to taking advantage of the Island’s coastal areas, many local residents seek respite

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Private Insurers Must Watch Out for Medical Equipment Fraud
August 10, 2022 | Compliance, Investigations & White Collar | Insurance Fraud

Healthcare fraud related to durable medical equipment (DME) is extremely costly to insurers yet often continues without criminal or civil consequences.

Fraudulent schemes by DME supply companies vary in complexity but usually prove extremely costly to insurers. Likely victims of DME fraud include Medicaid, Medicare, automobile insurers, workers’ compensation insurers, and other private health insurers.

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Administrative Order 141/22 Brings More Changes to New York’s Uniform Civil Rules
July 13, 2022 | Commercial Litigation

On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”), including the Statement of Material Facts requirement. We extensively covered AO 270/20 in a previous article, and in another article, we discussed how

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CPLR 205(a) Can Only Be Invoked by the Original Plaintiff if Plaintiff Is Still Alive
July 12, 2022 | Commercial Litigation

CPLR 205(a) is a well-known safety net in New York litigation, generally providing that a timely commenced action dismissed without prejudice can be refiled by “the plaintiff” within six months of dismissal, despite the statute of limitations expiring, saving the claim from being untimely. This statute’s reference to “the plaintiff” was recently debated and brought

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What Do You Do if an Oil Tank Is Buried in Your Yard?
June 8, 2022 | Commercial Litigation

It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not protected from corrosion and, as a result, can pose an expensive and unexpected risk to unsuspecting homeowners and

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Federal Civil Law Remains Unclear Regarding Where an Action May Be Brought
May 9, 2022 | Commercial Litigation

One would think that the current state of federal law would be clear as to where a plaintiff may commence, and thereafter maintain, his/her action. However, that is not the case; particularly within the Second Circuit, and this ambiguity can create a host of unintended problems, including being forced to litigate an action thousands of

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Courts Narrowing E-Discovery Rather Than Shifting Costs
February 7, 2022 | Commercial Litigation

Certain decisions from the past year suggest that New York courts addressing requests to shift costs in connection with e-discovery are more inclined to exercise their discretion under Article 31 of the CPLR to limit the scope of the requested e-discovery than they are to shift the costs of such discovery to the requesting party.

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Biden Administration Announces New Policy to Attract and Retain Immigrants in STEM
January 24, 2022 | Employment & Labor | Immigration

The Biden administration announced a series of administrative changes designed to strengthen the nation’s ability to attract global talent. The changes are also designed to strengthen our economy and technological competitiveness and benefit working people and communities across the country. This bulletin will highlight some of the key changes affecting employers and foreign nationals.

New

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NY Trial Courts Strictly Apply New Uniform Rule Requiring Statement of Material Fact
November 30, 2021 | Commercial Litigation

As discussed in detail in our March 2021 article regarding the changes made to the Uniform Rules of the New York Supreme and County Courts earlier this year, new Rule 202.8-g requires that a Statement of Material Facts be submitted with most motions for summary judgment. Of all the new provisions we discussed, Section 202.8-g

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