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Cases and disputes can vary in complexity. Some can be handled in a routine 20 minute phone consult. More complex matters will require time to review and analyze documents and legal issues. If your matter is more complex, we may offer you a paid one hour consultation or hourly services, depending on the time needed to properly evaluate your situation. We always require a signed retainer agreement before we begin to provide legal services. The agreement will detail the scope of services included as well as your rights as a new client.
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Lanin Law P.C.
330 W 38th St., Suite 506
New York, N.Y. 10018
(212) 764-7250
*on W38th St. between 8th and 9th Avenues, walking distance from Port Authority, Times Square, and Penn Station
Defenses to Breach of Contract
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninI just dealt with these defenses in a recent case: accord and release and waiver. Here are the legal standards: Read more
You Have a Cause of Action … Now What?
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninSo you have a case to file but the question is, where and in what court do I file? In New York State, there is a Supreme Court in each of the counties. Each one is a court of general jurisdiction. Read more
How Do You Actually Breach a Contract?
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninWhile many business litigation cases commonly include a breach of contract claim, what does it actually entail? Here is a quick excerpt from one of my briefs explaining what a breach actually is: Read more
Failure to Plead Fraud with Specificity
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninCPLR §3016(b) requires fraud claims to be pleaded with specificity. The required elements of a cause of action for fraud are: “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” Eurycleia Partners, LP v. Seward & Kissel, LLP, 12 N.Y.3d 553, 559 (2009). “CPLR § 3016 (b) is satisfied when the facts suffice to permit a “reasonable inference” of the alleged misconduct.” Id.
Time Barred Claims – When Is It Too Late to Sue Under GBL §349?
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninA court may dismiss a claim if parties assert the claim beyond the statutory time limit. CPLR §3211(a)(5) authorizes the Court to dismiss a cause of action on the ground that “a relevant statute of limitations has expired.” I recently briefed this in the context of a GBL §349 claim for consumer deception where the claim was asserted more than 3 years after the alleged act. Read more
Contract Interpretation and the Parole Evidence Rule
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninWhen a contract is disputed as to its intent or terms, parties cannot simply throw every piece of evidence they may have collected to persuade the court of the contract’s true meaning. Courts use the Four Corners approach and the Parole Evidence Rule to determine contradictory intent from within the four corners of the document when it is clear and unambiguous. Here is an excerpt from one of my recent briefs in a breach of contract case explaining the standard of contract interpretation: Read more