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A Conversation about Fiduciary Duties
In real estate disputes, the relationship between the bank and the borrower is typically considered that of debtor and creditor. However, in some cases it can be a fiduciary relationship. In a recent case I handled, the bank interfered with the borrower’s control over selling its real estate from a development project that was funded by […]
Pre-Discovery Motions For Summary Judgment Can Be Premature
A plaintiff may sometimes make a motion for Summary Judgment or Dismissal before there is any chance to begin discovery and really explore the facts of a case. One of the most glaring examples is when there is key knowledge or information that is in exclusive control of the plaintiff for which a defendant has […]
A Conversation about Fiduciary Duties
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninIn real estate disputes, the relationship between the bank and the borrower is typically considered that of debtor and creditor. However, in some cases it can be a fiduciary relationship. In a recent case I handled, the bank interfered with the borrower’s control over selling its real estate from a development project that was funded by […]
Pre-Discovery Motions For Summary Judgment Can Be Premature
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninA plaintiff may sometimes make a motion for Summary Judgment or Dismissal before there is any chance to begin discovery and really explore the facts of a case. One of the most glaring examples is when there is key knowledge or information that is in exclusive control of the plaintiff for which a defendant has […]