News & Publications

This month we review an interesting decision regarding the provisional remedy of replevin. Although the Plaintiff’s moving affidavit was inadequate to comply with the CPLR, luckily for the Plaintiff the Court nonetheless awarded Plaintiff possession of the...

For individuals, the attorney-client privilege protects communications even after an death (see Swidler & Berlin v. United States, 524 U.S. 399 (1998)), thereby encouraging individuals to speak candidly with counsel without the fear of the information becoming...

Whether during law school studying New York practice and procedure, or as a first year associate tasked with drafting opposition to a summary judgment motion, aspiring or practicing lawyers learn the oft-recited summary judgment standard – that the same is a drastic...

Approximately a year and a half after issuing Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173 (2011), the New York Court of Appeals has revisited the pleading requirements for unjust enrichment claims. In Georgia Malone & Co. v. Rieder, 19 N.Y.3d 511 (2012),...

Whoever coined the phrase “partners are only good for square dancing” must have been a defendant in a breach of fiduciary duty claim. One can understand some of the cynicism, as the fiduciary duty imposed upon directors and officers has been described as a...

A recent amendment to the Commercial Division rules, effective as of October 1, 2018, provides Judges, litigants and their counsel with additional fodder to quickly and efficiently resolve disputed issues of fact in an effort to circumvent an otherwise lengthy and...