May 9, 2022 | Benjamin J. Wisher |
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 ofRead More
February 7, 2022 | Brian L. Bank | Mirielle Nezamy |
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.Read More
February 3, 2022 | Christina M. Bezas |
We residents of Lloyd Harbor share a love for the area’s natural beauty, which has been successfully preserved through the Village’s zoning ordinances. Though the area’s stately and mature trees are desirable, storms and disease can make those trees hazardous, and disputes between neighbors can arise when trees fall. What do you do when yourRead More
November 30, 2021 | John F. Queenan | Jeffrey Ehrhardt |
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-gRead More
November 22, 2021 | Benjamin J. Wisher | |
A recent New York Court of Appeals decision clarified the contours of one of the most foundational legal principles: personal jurisdiction.
In Aybar v. Aybar, the Court, in a 5-2 decision, held that foreign corporations (i.e., corporations that are not incorporated under New York law) do not consent to general jurisdiction by registering to doRead More
September 24, 2021 | Benjamin J. Wisher | |
Whether a partnership, limited liability company, or corporation, it is imperative to know of a business’s legal duties when it is in possession of funds for uncashed distributions.
Under New York Abandoned Property Law, uncashed distributions become abandoned property after 3 years. See New York Abandoned Property Law § 501. New York businesses are notRead More
August 4, 2021 | Benjamin J. Wisher |
In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We opined that, based on its language, it served to “toll,” rather than “suspend,” New York’s limitation periods.
On June 2,Read More
March 1, 2021 | John F. Queenan |
Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules for the Supreme and County Courts (“Uniform Rules”). Attorneys desiring the efficiencies of the Commercial Division, now established in 24 counties across New YorkRead More
February 23, 2021 | Evan H. Krinick | Henry M. Mascia | |
When discussing the U.S. Supreme Court, commentators spend considerable time reviewing the decisions of the Court to create “lineups” of conservative versus liberal Justices and to speculate which Justices, or group of Justices, are the deciding or so-called “swing” votes. In cases raising constitutional issues involving prominent social issues, legal philosophies can be observed thatRead More
December 21, 2020 |
Gregory Miller’s article, “Concise-ly is Not Nice,” was recently published in the Writer’s Corner of the New Jersey Lawyer.
Click here to read the full article.
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