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When an out-of-state corporate plaintiff wishes to bring a lawsuit against a New York-based defendant, a litigator would likely recommend bringing that lawsuit in New York to secure jurisdiction over the defendant. Before pulling the trigger, however, it is critical
Continue Reading The Courthouse Doors Are Always Open (Sort of): Moving to Dismiss Under NY Business Corporation Law § 1312

Following a public comment period, the Chief Administrative Judge of the New York courts recently issued Administrative Order 270/2020 implementing substantial changes to general civil practice in New York Supreme Court. The rule changes go into effect on February 1,
Continue Reading NY State Implements Major Changes to the Uniform Rules for the Supreme and County Courts

Judge Karas Grants Defendants’ Motion to Dismiss Complaint Alleging Due Process Violations under the Fourteenth Amendment In Twardosz v. Yonkers Public School District, No. 19-CV-6138 (KMK), 2020 WL 6135114 (S.D.N.Y. Oct. 19, 2020), Judge Kenneth Karas dismissed the plaintiff’s complaint
Continue Reading Westchester Quarterly Roundup: Notable Decisions of the Westchester County Federal and State Courts

Sellers of goods often will include an exclusive remedy provision in their purchase agreements, which (1) limits the seller’s liability to a buyer to either repair or replace the purchased goods, or refund the purchase price, and (2) waives all
Continue Reading Contractual Limitations on Remedies Will Be Enforced on Motions to Dismiss, Unless the Seller Does Not Provide a Remedy at All