Gregory Blue

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Greg Blue is Of Counsel to the firm. Greg focuses his practice on complex business litigation, with an emphasis on disputes involving financial fraud and misconduct, corporate governance, real estate investments, insurance coverage, and employment matters.

Greg is a 1995 graduate of The George Washington University Law School, where he was a member of the Law Review. He is admitted to practice in New York, New Jersey and California.

Latest Articles

A recent decision by the Honorable Linda S. Jamieson again demonstrates that the Justices of the Westchester Commercial Division will not decide matters on procedural technicalities, and usually will go out of their way to decide a case on the merits. The matter involved service of process, and an apparent default in appearance. First, some background. In New York, the easiest way to serve a summons on an entity is usually by serving the Secretary…
There’s a clever saying of murky origin that goes, “if your only tool is a hammer, then every problem looks like a nail.” It describes the “law of the instrument,” or Maslow’s Hammer, which says that people tend to over-rely on their available and familiar tools, even when they shouldn’t. Well, when you’re looking for a default judgment, service often looks like nail and mail.  And often it shouldn’t look that way. We’ve previously written
New York’s Commercial Division is an attractive forum for parties to litigate disputes over financial transactions. And, because so many transactions flow through New York institutions, aggrieved plaintiffs often believe that the flow of money through the state gives them a hook to sue defendants in New York courts. Often, that is true. But there are limits. Justice Jamieson discussed those limits in de Arata v. Mathison, Index No. 55723/16. In that case, the plaintiff…
In an earlier post, we explained that the Westchester Commercial Division will not grant a motion for a default judgment without reviewing the papers. The Court will first determine whether the plaintiff has made a prima facie showing of its entitlement to a judgment. It is not unusual for the Westchester Commercial Division justices to deny even an unopposed motion for a default on the ground that it is not supported by admissible evidence.…
A recent decision from Westchester Commercial Division Justice Linda Jamieson presents an interesting contrast to a case we discussed in an earlier post. In Prisco v. L’Aquila Realty LLC, Index No. 58654/2018, Petitioner moved to disqualify opposing counsel, who was deposed in the case and certain to be called as a witness at trial. Petitioner argued that, pursuant to Rule 3.7 of the Rules of Professional Conduct, a lawyer cannot be both an…
Sometimes in-house counsel believe they can handle a case better, or more cost-effectively, than outside counsel. And sometimes, they just miss practicing law. Still, it’s better to let outside counsel do the talking…and the questioning. It’s impossible to know what motivated in-house counsel in HH Marina Development LLC v. Tarrytown Boat Club, Inc., Index No. 63137/17, to take a deposition. But it didn’t work out well. The facts are straightforward, but unusual. Under CPLR 3106(d),…
Westchester Commercial Division Justice Linda Jamieson recently granted leave to plaintiffs to amend their complaint seven years after they filed their original complaint. In MCC Realty III v. Retail Opportunity Investments Corp., Index No. 56448/11, Plaintiffs sought leave to drop three causes of action and add five new ones. The reason: to reflect information discovered after Plaintiffs filed the complaint, including information discovered within a few weeks of the filing of the motion. Defendants argued…
Ordinarily in real estate sales, the seller’s pre-closing representations do not survive the closing unless the contract expressly states that they do. The situation is different, however, when the seller has made a pre-closing representation about a then-existing fact, like whether the tenants are current in rent. That was the state of facts alleged by the plaintiff/buyer in 260 Mamaroneck Ave v. Guaraglia, Index No. 70017/17, pending before Westchester Commercial Division Justice Gretchen Walsh. Plaintiff…
Most commercial contracts contain a choice of law and forum selection clause. If the contract says that disputes between the parties will only be heard in Delaware courts, the defendant can move to dismiss based on documentary evidence – the contract and the forum selection clause. Similarly, if a plaintiff files a breach of contract case in New York and the contract says that Delaware law applies (but is silent as to where the case…
Commercial Division Rule 19-a says that, on a summary judgment motion, the Court may direct the filing of “a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.” Lawyers who don’t handle Commercial Division cases can get tripped up by Rule 19-a in several respects: First, while Rule 19-a says the Court “may” direct the filing of…