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Barred by Dirty Hands

A plaintiff's case may be barred from litigation if the plaintiff's…

Proving Service and Jurisdiction

In many disputes over personal jurisdiction, the issue of proper…

Defenses to Breach of Contract

I just dealt with these defenses in a recent case: accord and…

You Have a Cause of Action … Now What?

So you have a case to file but the question is, where and in…

How Do You Actually Breach a Contract?

While many business litigation cases commonly include a breach…

Failure to Plead Fraud with Specificity

CPLR §3016(b) requires fraud claims to be pleaded with specificity.…

Time Barred Claims – When Is It Too Late to Sue Under GBL §349?

A court may dismiss a claim if parties assert the claim beyond…

Contract Interpretation and the Parole Evidence Rule

When a contract is disputed as to its intent or terms, parties…

The Limited Liability Company’s Operating Agreement in New York

The Operating Agreement is the document that controls the operations…