Business Litigation
We sure would appreciate you voting for our law firm’s blog, the Manhattan Business Litigation and Employment Attorneys Blog. Our law firm’s blog has been nominated by LexisNexis for its Top 25 Business Law Blogs of 2011. Votes and comments posted online will help determine the winning blogs. You do not need to be a lawyer to vote. So if you find the Manhattan Business…Read More
In recent years, the Supreme Court, New York County (that is, New York state trial courts sitting in Manhattan) and the Supreme Court, Kings County (that is, New York state trial courts located in Brooklyn) repeatedly have held that a member of a limited liability company (an “LLC”) in New York State may not, within the same causes of action,…Read More
In the world of commerce, companies frequently need the assistance of a business contract disputes lawyer because a contract has been broken or breached. If you have suffered losses because of someone’s breach of contract in Manhattan, NYC, you may be entitled to monetary damages and other valuable remedies, such as specific performance. This post explains New York State contract…Read More
What Is An Income Execution, And Whom Does It Come From? A ” ‘judgment debtor’ ” is an individual or entity against whom a money judgment is entered. See N.Y. C.P.L.R. 105(m). Often, when the judgment debtor is an individual, he is also an employee of an employer. The ” ‘judgment creditor’ ” is the individual or entity in whose favor…Read More
In New York State, charging interest of more than 16% per year is civil usury. Further, in New York, charging, taking, or receiving interest of 25% or more is criminal usury. Lenders and borrowers frequently ask me what fees or charges count toward a loan’s interest rate for purposes of New York’s usury laws. The answer depends upon the nature…Read More
In New York, “In order to establish a breach of fiduciary duties, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant’s misconduct.” Kurtzman v. Bergstol, 40 A.D.3d 588, 590, 835 N.Y.S.2d 644 (2nd Dep’t 2007); see also Pokoik v. Pokoik, 982 N.Y.S.2d 67, 70, 115 A.D.3d 428…Read More
On December 29, 2009, in an action for the wrongful death of the plaintiffs’ minor child, New York’s Appellate Division, First Department, ruled thatheld that, under N.Y. C.P.L.R. 3025, “the need for additional discovery does not constitute prejudice sufficient to justify denial of an amendment” of a pleading., under section 3025 of the C.P.L.R., “the need for additional discovery does…Read More
On January 11, 2010, Judge Shira Scheindlin of the U.S. District Court for the Southern District of Manhattan sanctioned 13 plaintiffs for failing to preserve electronic files in discovery. Pension Comm. of Univ. of Montreal Pension Plan v. Banc of America Secs. LLC, No. 05 Civ. 9016 (S.D.N.Y. Jan. 11, 2010). These plaintiffs are suing two failed hedge funds for…Read More
In April 2010, in Voss v. Tranquilino, App. Div. Docket No. A-5431-08T1 (N.J. App. Div. Apr. 28, 2010), New Jersey's Appellate Division held that "a driver of a motor vehicle who is convicted of or pleads guilty to driving while intoxicated (DWI), N.J.S.A. [§] 39:4-50(a)," may bring a lawsuit for damages under New Jersey's dram shop law, N.J.S.A. §§ 2A:22A-1…Read More
In New York State, the elements of the tort of interference with contract are "[1] the existence of [a] valid contract with a third party, [2] defendant’s knowledge of that contract, [3] defendant’s intentional and improper procuring of a breach, and [4] damages." White Plains Coat & Apron Co. v. Cintas Corp., 8 N.Y.3d 422, 426, 867 N.E.2d 381, 835…Read More