Commercial Litigation

CPLR 205(a) Can Only Be Invoked by the Original Plaintiff if Plaintiff Is Still Alive
July 12, 2022 | Benjamin J. Wisher | 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 | Christina M. Bezas | 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 | Benjamin J. Wisher | 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 | Brian L. Bank | Mirielle Nezamy | 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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What Do You Do When Your Tree Falls onto Your Neighbor’s Property?
February 3, 2022 | Christina M. Bezas | Commercial Litigation

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 your

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NY Trial Courts Strictly Apply New Uniform Rule Requiring Statement of Material Fact
November 30, 2021 | John F. Queenan | Jeffrey Ehrhardt | 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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Foreign Corporations Don’t Consent to General Jurisdiction by Registering in NY
November 22, 2021 | Benjamin J. Wisher | Commercial Litigation | Corporate

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 do

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NY Law Is Clear on a Business’s Obligations Regarding Uncashed Distributions
September 24, 2021 | Benjamin J. Wisher | Commercial Litigation | Corporate

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 not

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Update: Gov. Cuomo’s Executive Orders Tolled NY’s Limitation Periods
August 4, 2021 | Benjamin J. Wisher | Commercial Litigation

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.[1]

On June 2,

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Administrative Order 270/20 Brings Change to the Uniform Rules
March 1, 2021 | John F. Queenan | Commercial Litigation

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 York

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