Today’s article relates to a decision in a mortgage foreclosure action that combines numerous concepts about which we have previously written....more
Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain facts and information from other parties and non-parties to support...more
CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part:
When an action is based upon an...more
By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014...more
By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates due process...more
Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more
12/7/2023
/ Breach of Contract ,
Commercial Property Owners ,
Contract Terms ,
Coronavirus/COVID-19 ,
CPLR ,
Damages ,
Deeds ,
Dismissals ,
Fair Market Value ,
Mortgages ,
Wills ,
Written Notice
Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff is required to serve the defendant(s) with process – the event by which...more
9/28/2023
/ Business Entities ,
Complaint Procedures ,
CPLR ,
Filing Requirements ,
Judgment on the Merits ,
Limited Liability Company (LLC) ,
Limited Partnerships ,
Money Judgment ,
Negotiations ,
Partnerships ,
Personal Jurisdiction ,
Service of Process ,
Summons ,
Vacated