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Business litigation often involves both contract and tort claims. A fraud or negligence claim that is deemed “duplicative” of a breach of contract claim, however, will be dismissed. When is that the case? The Westchester Commercial Division and the Appellate
Continue Reading Second Department Affirms Westchester Commercial Division’s Dismissal of Tort Claims as Duplicative of Contract Claim

Join us on Monday, June 8, as Lachtman Cohen P.C. partner Brian Cohen co-moderates a Virtual Town Hall discussion with Hon. Linda S. Jamieson and Hon. Gretchen Walsh about litigating in the Westchester Commercial Division during COVID-19 and beyond.

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Continue Reading Litigating in the Westchester Commercial Division During COVID-19: A Virtual Town Hall Discussion

A bankruptcy filing often puts a quick halt to efforts to collect a debt from a bankrupt debtor.  Under  11 U.S. Code § 362, the filing of a bankruptcy petition puts in place an automatic stay of collection efforts against a
Continue Reading When One Defendant Files For Bankruptcy, Severance Under CPLR 603 Can Keep the Case on Track

A recent decision by Westchester Commercial Division Justice Gretchen Walsh demonstrates how even a non-party subpoena from an arbitrator can quickly and irrevocably lead to party status and considerable liability if you fail to respond. The case, In re Sivanesan
Continue Reading Don’t Be a Fool: Ignoring an Arbitration Subpoena Comes with Consequences