Rather than specify a dollar amount, state court plaintiffs may plead damages “in an amount to be determined at trial” or “in excess of the jurisdictional limits of all lower courts.” These statements do not establish an amount in controversy. ...

Tagged with: Advocate's View Jeremy M. Sher

New York’s Real Property Actions and Proceedings Law (RPAPL) authorizes courts to hear summary proceedings for the recovery of real property. Summary proceedings are often commenced by landlords seeking to evict defaulting tenants. By commencing a RPAPL summary proceeding, a ...

Tagged with: Advocate's View Robert P. Yawman III

Confidentiality clauses are routinely included in written settlement agreements, but are they always enforceable? Generally under CPLR 2014 CPLR 2014, entitled “Stipulations,” generally provides that agreements between parties or their attorneys are not binding unless they are in writing subscribed ...

Tagged with: Advocate's View Stacey E. Trien

The client was furious. While making a delivery, his employee of many years was involved in a trucking accident. No one was injured, and the accident did not cause third-party property damage. The driver had driven off the road over ...

Tagged with: Advocate's View Paul Leclair

Once of the benefits of being a business litigator is hindsight. We are presented with a problem, quite often in need of urgent attention, caused by someone else’s decision-making or draftsmanship. Unlike other types of litigation, success is often measured ...

Tagged with: Advocate's View Steven E. Cole

If a defendant is subject to general jurisdiction in New York, it may be sued in New York regardless of whether the plaintiff’s claims have anything to do with the defendant’s New York contacts. In a series of recent decisions, ...

Tagged with: Advocate's View Jeremy M. Sher

This situation is all too familiar: Your client knew her contract required her to procure insurance, but she assumed her existing insurance policy was fine and never provided the procurement clause to her insurance agent to add the extra coverage ...

Tagged with: Advocate's View Stacey E. Trien

What options does a commercial landlord have when a tenant stops paying rent and vacates the leased premises? As discussed below, landlords may commence an expedited court proceeding to dispossess a defaulting tenant and to recover past due rent. But, ...

Tagged with: Advocate's View Robert P. Yawman III

As many of you know, I recently retired from the New York State Supreme Court where I served 28 years as a Supreme Court Justice, including 10 years as Presiding Judge of the Commercial Division. While I enjoyed all aspects ...

Tagged with: Advocate's View Thomas A. Stander

“An ounce of prevention is worth a pound of cure.” The words of Benjamin Franklin perfectly describe the transactional attorney’s ideal role in the negotiation and drafting of contracts. In practice, complex agreements are routinely negotiated and signed within days ...

Tagged with: Advocate's View Kamran F. Hashmi

Most discovery skirmishes arise after commencement of an action. On occasion, the battle is waged before an action is commenced, which brings into play CPLR §3201 (c). Pre-action discovery is available to aid in bringing an action, to preserve information ...

Tagged with: Advocate's View Mary Jo S. Korona

I have recently observed a trend in employment litigation: employers attempting to enforce covenants not to compete or solicit clients (“restrictive covenants”) that are contained in employee manuals, as opposed to discrete contracts. Employers should reconsider this practice if they ...

Tagged with: Advocate's View Jeremy M. Sher