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…
Feeling Contempt Toward Contempt
Being held "in contempt of court" is one of those tropes Hollywood…
Did You Actually Settle?
If the validity of a settlement is in dispute, one test is…
Confidentiality Language in Deeds will preclude Summary Judgment in Easement Disputes
Branching off from last month's discussion of Summary Judgment…
Summary of Summary Judgment
One of the most common, if not the most common motion in litigation…
Knowledge of the Facts
I recently opposed a motion for summary judgment on the grounds…