Last fall, I blogged about the challenges of overturning an arbitrator’s award (check out that post here). That case illustrated the difficulties of vacating an award based on a purported erroneous ruling of law. But what if...more
In a recent decision by the Supreme Court of the State of New York (the “Court”), Big City Outdoor, LLC (“Plaintiff”) was denied summary judgment in a contract dispute arising from a 2017 lease agreement for advertising...more
Today’s BLOG deals with the “Relation-Back Doctrine” (the “Doctrine”)[1], which, inter alia, “allows a claim asserted against a defendant in an amended filing to relate back to claims previously asserted against a codefendant...more
A recent decision from the New York County Commercial Division reminds litigants that even under New York’s liberal discovery standards, sensitive business information like client lists is not automatically discoverable. In...more
Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once a default judgment is...more
Regular readers of this BLOG know that we frequently write about issues affecting title to real property -- such as mortgage foreclosure, specific performance of real estate transactions and quiet title actions...more
Rule 2106 of the CPLR permits a written affirmation, made under penalty of perjury, to be submitted in place of an affidavit, carrying the same legal effect in New York civil proceedings. Since the amendment took effect on...more
In an April 8, 2026, decision, the Appellate Division, Second Department, in Weiss v. Fran Corp., 2026 NY Slip Op 02147, reversed the lower Court and dismissed a personal injury complaint against a contractor retained to...more
8 Recently, we wrote about new legislation in New York known as the AVOID Act. At the time, the statute—as originally enacted—promised sweeping and rigid changes to third-party practice, particularly in New York Labor Law...more
New York limits judicial intrusion into arbitration awards, reflecting the core principles of finality, deference to arbitrators’ rulings, and the narrow grounds for vacatur under CPLR 7511. In Shell NA LNG LLC v. Venture...more
In TSLA Capitals, S.A.P.I. de C.V. v. ATL Funds, LLC (“TSLA Capitals”), the Court granted summary judgment in lieu of complaint under CPLR 3213 on a partially paid promissory note exceeding $24MM. The decision offers a useful...more
On December 19, 2025, Governor Kathy Hochul signed the “Avoiding Vexatious Overuse of Impleading to Delay” (AVOID) Act, ushering in one of the most significant changes to New York third-party practice in recent years. The...more
Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits...more
When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver’s seat for a quick and early victory. But as practitioners in the Commercial Division are well aware, courts retain...more
In December 2025, Governor Kathy Hochul signed into law S.8071‑A, known as the “Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act.” This law amends CPLR §1007 to establish strict time limits for impleading...more
On December 19, 2025, Governor Kathy Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act (L. 2025, ch. 704), amending CPLR § 1007 to impose, for the first time, strict deadlines on third-party...more
By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025,...more
On December 19, 2025, Governor Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law. The law amends CPLR Section 1007 to impose strict time limits on the commencement of third-party...more
“Aegrescit Medendo,” Virgil: Aeneid Book XII. That is: Sometimes healing makes the situation worse. On December 19, 2025, New York Governor Kathy Hochul signed the AVOID Act (“Avoiding Vexatious Overuse of Impleading to...more
In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213, which provides, in relevant part: When an action is based upon an instrument for the payment of money only or upon...more
This BLOG has previously addressed the issue of a defendant’s appearance in an action – both formal and informal. In that regard, we have noted that it makes sense that a “plaintiff appears in an action merely by bringing...more
As previously reported on June 3, 2024, the January 1, 2024 amendments to CPLR 2106 revised the statutory language required for attorney affirmations in New York....more
Background Manhattan Commercial Division Justice Robert R. Reed recently refused to enforce a settlement agreement purportedly reached by the parties via email in CoPilot Travel, Inc. v. Magstar Capital, LLC, 86 Misc. 3d...more
Amendment to CPLR § 1007 - New York litigators should take immediate note of a statutory change that significantly restricts the filing of third-party actions. Governor Kathy Hochul has signed into law Bill S8071A/A8728,...more
On November 21, 2025, New York State Governor Kathy Hochul signed into law Senate Bill S8195, ushering in a significant clarification to CPLR 2106, which authorizes the use of unsworn (i.e., not notarized) affirmations in...more