We all know that understanding the law is a first step to good lawyering. But understanding what the particular judge assigned to your case likes and dislikes, and her pet peeves is just as important for your success as an
Short Sale Buyer Granted a TRO After the Seller Tried to Back Out
For many, purchasing real estate is a stressful endeavor. It’s further complicated when one attempts to buy distressed property through a short sale, when an owner sells property for less than the mortgage balance. Lenders typically allow short sales to
Property Sellers’ Representations About Existing Facts Survive Closing
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
When a Personal Guarantee Doesn’t Qualify for CPLR 3213 Treatment
CPLR 3213 enables litigants to efficiently and quickly enforce instruments for the payment of money only or a previously rendered judgment. The rule is a powerful tool for resolving business disputes. But as one Westchester County litigant recently learned (the
Westchester Commercial Division Enforces a Forum Selection Clause Requiring Litigation in Another State
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
Why Local Law Matters for Westchester Employers
By: Tracey I. Levy and Alexandra Lapes Employers in Westchester County must pay close attention to legal developments at the county level, as the past ten months have brought an unprecedented array of new mandates specific to private employers in
Rule 19-a Statements: What Westchester Commercial Division Litigants Need to Know
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
Lessons for Landlords: Holding Corporate Representatives Liable for Tenant Lease Obligations and the Timeliness of Unpaid Rent Claims
A recent decision from Westchester Commercial Division Justice Linda Jamieson addressed two issues that arise in commercial landlord-tenant relationships: (i) whether a landlord can pierce the corporate veil to hold a tenant’s corporate representative liable under leases; and (ii) the
Default Judgments Still Require Some Work – At Least in the Westchester Commercial Division
Some people have heard the Japanese kōan “What is the sound of one hand clapping?,” attributed to the Japanese Zen Buddhist Hakuin Ekaku. Well, what is the sound of one party litigating? A default judgment.
When a plaintiff sues and
Westchester County Adopts Safe Time Law
On May 3, 2019, Westchester County Executive George Latimer formally signed into law the County’s Safe Time Leave for Victims of Domestic Violence and Human Trafficking Law (“Safe Time Law”), which provides eligible employees who are victims of domestic violence