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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
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 a bank loan. The bank moved for summary judgment and we submitted an opposing brief. Here is an excerpt. Read more
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 no opportunity to obtain. Below is an excerpt from a case discussing this issue. Read more
UCC Article 9 Requirement of Disposing of Collateral In A Commercially Reasonable Manner
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott Laninn collection cases involving secured debt, a court may preclude judgment if the plaintiff did not properly notify or dispose of the collateral in a commercially reasonable manner. In one of my recent cases where I opposed a lender’s motion for summary judgment, I cited this requirement in our opposing brief: Read more
Equitable Estoppel as a Defense to Debt Collection or Foreclosure
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninA Plaintiff may be estopped from seeking to recover an alleged debt because of its own actions. Here is a quick excerpt from a case where equitable estoppel was raised. Read more
Defective Notice of Default
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninHere is a case that sums up the risk a lender faces when its notice of default is defective. The guarantor might be “off the hook.” Read more
Acting in Bad Faith, Breaching the Implied Covenant of Good Faith
/in NY Business Litigator Blog / NY Real Estate Litigator Blog /by Scott LaninIt is common sense that you don’t expect the person you are entering into an agreement with you purposefully try to dupe you. The doctrine of the Implied Covenant of Good Faith and Fair Dealing states that just that. Here is the standard in New York. Read more