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…

Removing the Lis Pendens

Though it may sound like it, removing the lis pendens is not…