Lachtman Cohen P.C.

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Defendants usually make a CPLR 3211 motion to dismiss at the outset of the case and file it together with a Request for Judicial Intervention (RJI).  In that situation, a defendant can simply file the motion without contacting the court
Continue Reading “May I Make This Motion, Please?” – For Motions to Dismiss After Filing the RJI but Before the Close of Discovery, Request a Conference

Although contracts are to be construed in accordance with the parties’ intent, in New York, it is firmly established that the best evidence of what parties intend is what they say in writing. This rule is applied with special force
Continue Reading Second Department Affirms Westchester Commercial Division’s Dismissal of Breach of Contract Claim

We’ve previously written about how judges in the Westchester Commercial Division will dismiss cases in which the contract at issue contains a forum selection clause requiring the parties to resolve their dispute elsewhere. On September 10, 2019, Justice Linda Jamieson
Continue Reading Westchester Commercial Division Enforces a Forum Selection Clause Requiring Litigation in Nassau County

In real estate agency relationships, an agent owes its client, a buyer or seller of property, fiduciary duties, including duties of undivided loyalty, reasonable care, and confidentiality. Due to the increasing number of large brokerage firms, “dual agency” deals have become
Continue Reading “Dual Agency” Disclosure Lawsuit Against Houlihan Lawrence Proceeds

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
Continue Reading The Limits of Long-Arm Jurisdiction: Transactions “Cleared” Through New York Banks

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
Continue Reading Default Judgment Granted When Defendant Failed to Provide a Reasonable Excuse for Default

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,
Continue Reading Motion for Disqualification Based on “Witness-Advocate Rule” Deemed “Premature”