Sometimes in-house counsel believe they can handle a case better, or more cost-effectively, than outside counsel. And sometimes, they just miss practicing law. Still, it’s better to let outside counsel do the talking…and the questioning. It’s impossible to know what motivated in-house counsel in HH Marina Development LLC v. Tarrytown Boat Club, Inc., Index
For many, purchasing real estate is a stressful endeavor. It’s further complicated when one attempts to buy distressed property through a short sale, when an owner sells property for less than the mortgage balance. Lenders typically allow short sales to recoup a portion of the loan balance quickly and avoid a lengthy and expensive foreclosure
Westchester Commercial Division Justice Linda Jamieson recently granted leave to plaintiffs to amend their complaint seven years after they filed their original complaint.
In MCC Realty III v. Retail Opportunity Investments Corp., Index No. 56448/11, Plaintiffs sought leave to drop three causes of action and add five new ones. The reason: to reflect information
Ordinarily in real estate sales, the seller’s pre-closing representations do not survive the closing unless the contract expressly states that they do. The situation is different, however, when the seller has made a pre-closing representation about a then-existing fact, like whether the tenants are current in rent. That was the state of facts alleged by
CPLR 3213 enables litigants to efficiently and quickly enforce instruments for the payment of money only or a previously rendered judgment. The rule is a powerful tool for resolving business disputes. But as one Westchester County litigant recently learned (the hard way), it is limited in scope.
In Newman v. Poekler, Index
Most commercial contracts contain a choice of law and forum selection clause. If the contract says that disputes between the parties will only be heard in Delaware courts, the defendant can move to dismiss based on documentary evidence – the contract and the forum selection clause. Similarly, if a plaintiff files a breach of contract
Commercial Division Rule 19-a says that, on a summary judgment motion, the Court may direct the filing of “a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.” Lawyers who don’t handle Commercial Division cases can get
A recent decision from Westchester Commercial Division Justice Linda Jamieson addressed two issues that arise in commercial landlord-tenant relationships: (i) whether a landlord can pierce the corporate veil to hold a tenant’s corporate representative liable under leases; and (ii) the timeliness of claims for past due rent.
Piercing the Corporate Veil
In Hoffman Investors Corp.,
Some people have heard the Japanese kōan “What is the sound of one hand clapping?,” attributed to the Japanese Zen Buddhist Hakuin Ekaku. Well, what is the sound of one party litigating? A default judgment.
When a plaintiff sues and the defendant doesn’t respond, the plaintiff is entitled to a “default judgment.” When the plaintiff
