News & Analysis as of

CPLR Business Litigation

Farrell Fritz, P.C.

Obtaining Discovery Across International Borders: Convenience Is Not the Standard

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Sections 3102 and 3108 of the CPLR outline methods for conducting discovery, including discovery “outside” or “without” the state.  But what about demands for discovery and inspection of documents located outside the country?...more

Epstein Becker & Green

“Unsworn” Attorney Affirmations: Overlooked Side Effect of Changes to CPLR 2106

By now, most New York practitioners are aware (or at least have heard) of the recent changes to CPLR 2106, which was amended as of January 1, 2024 to allow “any person” to submit an affirmation “in lieu of and with the same...more

Farrell Fritz, P.C.

Oral Joint Ventures: The Wild West of Business Associations

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The lion’s share of cases we write about on New York Business Divorce involve consummated business relationships where the warring parties have clearly chosen the particular entity form governing their relations, whether it...more

Farrell Fritz, P.C.

Limo Company Shareholders Can’t Hitch a Ride in Derivative Litigation

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Closely-held business entities come in all shapes and sizes. By definition, under Partnership Law § 10, it takes “two or more” owners to form a general partnership. But corporations and LLCs have no such impediment, ranging...more

Farrell Fritz, P.C.

Affirmation in Lieu of an Affidavit, Now “with the Same Force and Effect”

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

Don’t Forget the Details: How Conclusory Pleadings Can Thwart Nonparty Disclosure

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Nonparty subpoenas are a useful discovery tool in commercial disputes. Particularly when the dispute involves access to or control over funds on deposit with a financial institution, the institution’s account statements, and...more

Farrell Fritz, P.C.

Parallel Business and Matrimonial Divorce Proceedings

Farrell Fritz, P.C. on

Parallel business divorce proceedings in the same or different courts alleging overlapping or duplicative claims are common. When it occurs, judges must often determine whether to dispose of one so the other may proceed...more

Freiberger Haber LLP

Settlement Agreement Found To Be an Instrument for The Payment of Money Only Sufficient to Grant Summary Judgment In Lieu of...

Freiberger Haber LLP on

In past articles, we have examined a motion under CPLR § 3213... CPLR § 3213 is a procedural mechanism that allows a party to make a motion for summary judgment before filing a complaint in actions based upon “an instrument...more

Farrell Fritz, P.C.

If the Service Was Poor, You’ll Have to Do More – How Much Diligence Is Due for Affix and Mail Service?

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The burden of establishing personal jurisdiction over a defendant rests with the plaintiff. Service of process is a necessary component of jurisdiction, and it is not complete until proof of service is filed. Ordinarily,...more

Farrell Fritz, P.C.

Ready or Not, Here I Come: The Expansion of Substitute Service by Email

Farrell Fritz, P.C. on

The old game of “hide-and-seek” brings many of us back to our childhood as one of our favorite ways to pass time during the summer. As commercial practitioners know, the concept of serving a summons and complaint in a case...more

Farrell Fritz, P.C.

“C’mon Ref!” – Right and Wrong Ways to Challenge the Call in a Supervised Disclosure Proceeding

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Section 3104 of the CPLR authorizes courts to appoint a judge or referee to supervise disclosure proceedings. The appointed referee enjoys “all the powers of the court” to resolve discovery disputes. A party seeking review of...more

Freiberger Haber LLP

Guaranty Provision Requiring Some Additional Performance Obligations Held Insufficient to Defeat Motion for Summary Judgment In...

Freiberger Haber LLP on

In past articles, we have examined a motion for summary judgment in lieu of a complaint under CPLR § 3213. Today, we take another look at this statute by examining BBM3, LLC v. Vosotas, 2023 N.Y. Slip Op. 02279 (1st Dept. ...more

Farrell Fritz, P.C.

The “Conflict of Interest” Defense to Shareholder Derivative Standing

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In shareholder derivative litigation, defendants occasionally argue that the plaintiff – who ostensibly sues on behalf of the company and its owners in a fiduciary capacity – has some form of conflict of interest with the...more

Farrell Fritz, P.C.

Narrow Escape of Expedited Judgment Under CPLR 3213 Due to Ambiguous Guaranty

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As readers of this blog are aware the CPLR 3213 motion for summary judgment in lieu of complaint can be a powerful tool to secure an expedited judgment, “meld[ing] pleading and motion practice into one step, allowing a...more

Farrell Fritz, P.C.

The Evidenceless Petition to Dissolve

Farrell Fritz, P.C. on

It’s hard not to feel sorry for the petitioner in Fernandes v Matrix Model Staffing, Inc., Decision and Order, Index No. 160294/2021 [Sup Ct, NY County Apr. 20, 2022]. In Fernandes, Manhattan Supreme Court Justice Frank...more

Farrell Fritz, P.C.

Updates to Commercial Division Rules Concerning Discovery of ESI

Farrell Fritz, P.C. on

As we approach the 30th Anniversary of New York’s Commercial Division, it’s fair to say that over those 30 years, the Commercial Division has held true to its aim of improving the efficiency and judicial treatment of complex...more

Farrell Fritz, P.C.

A Wave of E-Discovery Change: The Latest Proposal from the Advisory Council

Farrell Fritz, P.C. on

New York’s Commercial Division has continuously taken the lead as an innovative forum, proposing rule changes that are aimed at increasing efficiency and overall effectiveness of the litigation process. ...more

Farrell Fritz, P.C.

New Supreme Court Rule on Summary Judgment Motions: “Just the Facts, Ma’am”

Farrell Fritz, P.C. on

Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies.  Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more

Farrell Fritz, P.C.

Defenses and Counterclaims In a CPLR 3213 Action Are Only Successful If They’re “Inseparable”

Farrell Fritz, P.C. on

In one of my previous posts, I discussed the basic requirements for bringing a CPLR 3213 motion for summary judgment in lieu of complaint.  One such requirement (and the one that generates the largest body of case law), is...more

Farrell Fritz, P.C.

“I’ve Been Hacked!” (OK, But Have You Been Damaged?)

Farrell Fritz, P.C. on

A critical inquiry to be considered at the outset of any litigation is whether the party seeking relief is, in fact, a proper party to seek the court’s adjudication of the dispute. ...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Limits the Reach of New York’s Long-Arm Statute

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR...more

Farrell Fritz, P.C.

NY Practice Tip: Protecting Your Client Against an Improper Notice to Admit

Farrell Fritz, P.C. on

The CPLR 3123 notice to admit can be a useful device in litigation.  Its primary purpose is to expedite a trial by eliminating the necessity of proving a readily admittible fact or matter not in dispute. ...more

Farrell Fritz, P.C.

To Redact, or Not to Redact, That is the Question

Farrell Fritz, P.C. on

You now have to collect, review and produce documents pursuant to the preliminary conference order.  And so, in collecting documents from the various custodians, it appears some of the documents contain truly “irrelevant”...more

Farrell Fritz, P.C.

Pandemic Aftermath: The Rise Of Interstate Depositions And Discovery

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With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

Farrell Fritz, P.C. on

In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

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