Civil Litigation

Astro Kings, LLC v Scannapieco, 2020 NY Slip Op 03637, Decided on July 1, 2020. Appellate Division, Second Department: “The plaintiff, the owner of certain commercial real property located in Rockville Centre, commenced this action against, among others, the defendants Silvio Sports, Inc., and Dennison Silvio (hereinafter together the Silvio defendants), alleging that the Silvio defendants tortiously interfered with a lease between the plaintiff and its tenant, Rockville Centre Spa Corp., and tortiously interfered with…
You should not use do-it-yourself will-creating websites because: The language in the will probably won’t be effective. The consequences of poor language in the will are severe. Online sites don’t have accurate information about the law. You often can’t sue websites if they draft your will incorrectly. A website cannot determine your emotional and personal needs. Recently, I received an advertisement in the mail for an online service that boasted that they could create a…
Some litigants are pretty sure that they are very clearly correct and the other side is very clearly wrong.  And so it may come as a surprise to them that they don’t immediately get what they want.  After all, can’t the lawyer just call the judge up, explain that their client is right, and then that’s the end of the lawsuit? It turns out that the wheels of justice move more slowly than many people…
Deadlines are sacred. 16501 Jamaica Ave., LLC v Hara, 2020 NY Slip Op 03635, Decided on July 1, 2020, Appellate Division, Second Department: In March 2016, the plaintiff commenced this action, inter alia, to recover on a personal guaranty. The defendant failed to timely appear or answer the complaint. In October 2018, the plaintiff moved for leave to amend the complaint. Thereafter, the defendant cross-moved pursuant to CPLR 3215(c) to dismiss the complaint as abandoned.…
The Supreme Court in Seila Law LLC v. Consumer Financial Protection Bureau held that the structure of the Consumer Financial Protection Bureau (“CFPB”) violated the separation of powers, but stopped short of finding the entire agency unconstitutional and instead held the CFPB could live on with a director who was removable at will by the President. The Court reasoned that the CFPB’s “unique structure” was unconstitutional because the agency was “vested with significant executive power”…