A recent decision from the Manhattan Commercial Division reminds us of the ramifications of non-compliance with discovery obligations. Although in my experience courts (especially the Commercial Division) typically do not...more
As of January 1, 2024, the amended CPLR 2106 concerning affirmations provides that -
[t]he statement of any person wherever made, subscribed and affirmed by that person to be true under the penalties of perjury, may be...more
A recent decision from the Manhattan Commercial Division reminds us that although punitive damages are generally not recoverable in New York, certain circumstances require that they be awarded.
In Hall v Middleton,...more
1/23/2023
/ Blockchain ,
Breach of Duty ,
Commercial Court ,
Commercial Litigation ,
Cryptocurrency ,
Fiduciary Duty ,
Misappropriation ,
Ownership of Works ,
Patents ,
Proprietary Information ,
Punitive Damages ,
Smart Contracts
As frequent readers of this blog are no doubt aware, the ten-volume practice treatise entitled Commercial Litigation in New York State Courts and edited by distinguished commercial practitioner Robert L. Haig (the “Haig...more
In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more
3/21/2022
/ Breach of Contract ,
Commercial Court ,
Commercial Litigation ,
Contract Drafting ,
Contract Terms ,
Default ,
Oral Modification ,
Promissory Notes ,
Sale of Assets ,
Statute of Frauds ,
Summary Judgment ,
Written Agreements
A few weeks ago, I blogged about the Arco Acquisitions, LLC, v Tiffany Plaza LLC et al. decision, in which Suffolk County Commercial Division Justice Elizabeth Hazlitt Emerson held that the plaintiff’s fraud claims were...more