CPLR 3126(3) — The Ultimate Remedy for Willful Failure to Disclose

By: Leo K. Barnes Jr.

In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the trial and appellate courts […]

Determining Which Party Bears Risk of Loss for Shipments Governed by the Uniform Commercial Code

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 […]