|
||||||||||||
|
By: Leo K. Barnes Jr.* Many initial pleadings in the Commercial Division are accompanied by an Order to Show Cause seeking to enjoin something, by virtue of an application for a preliminary injunction and, possibly, a temporary restraining order until the preliminary injunction application is resolved. Ultimately an application is resolved either by a [...] By: Leo K. Barnes Jr.* In mid September, approximately 30 practitioners, several Justices and Court personnel participated in the inaugural training session for the Suffolk County’s Commercial Division Mediation Program. The training, which consisted of 24 hours over three days, was presented by Simeon Baum, Esq. and Stephen Hochman, Esq., conducted at the Suffolk [...] By: Leo K. Barnes Jr.* The Uniform Commercial Code’s section regarding Risk of Loss is a great example of why counsel’s periodic review of a client’s day-to-day operations may prove to be an excellent investment in light of the serious ramifications which can bind clients in seemingly benign transactions. Assume the rudimentary shipment of [...] By: Leo K. Barnes Jr.i With subtle hints that the economy is finally turning from its free-fall, merger and acquisition transactions will begin to surface once again. The preamble of many transaction documents includes various “representations and warranties”, provisions which may provide the parties with a foundation to detail certain facts and circumstances which [...] By: Leo K. Barnes Jr.i The provisional remedies found a cornerstone of practice in the Commercial Division. This month we review the basic elements of the most commonly sought provisional remedy, the preliminary injunction. It is well settled that an Article 63 preliminary injunction is not a mechanism for determining the ultimate [...] By Leo K. Barnes Jr.i You are contacted by Vermont based counsel for a small business which recently entered Confessed Judgment in Vermont against a New York business for its failure to satisfy certain promissory notes. The Vermont client wants to quickly domesticate the judgment in light of rumors that the New York [...] By Leo K. Barnes Jr.i With the real estate sale and rental season well underway, and the brokerage community ecstatic to entertain any semblance of business after the drought that has plagued the industry for the past several years, it is an opportune moment to reiterate the premise that an enforceable brokerage commission [...] By Leo K. Barnes Jr.i An attorney’s conflict search incident to a potential new matter provides information which will assist counsel in determining whether engagement is appropriate. There are bright-line rules regarding entering an appearance in light of counsel’s obligation to avoid various conflicts of interest. In a recent decision from Suffolk’s Commercial [...] By: Leo K. Barnes Jr.i One of the cornerstone pleading tenets of commercial practice is that a plaintiff may not pursue a fraud cause of action simultaneously with a breach of contract cause of action as the fraud cause of action, when it is premised upon the same facts and circumstances as the [...] By: Leo K. Barnes Jr.1 With the New Year well underway, one resolution a litigator may have is to increase her active case load. But as we warn our children to “be careful what you wish for…”, a wise attorney knows that the maxim has a place in private practice, not just grammar [...] |
||||||||||||
|
Copyright © 2012 NY Commercial Litigation Blog - All Rights Reserved |
||||||||||||
Recent Comments