When embarking on litigation, a common question clients ask is: Can I recover my attorneys’ fees? Short of a contractual fee-shifting provision, the answer is almost invariably, “No.” A potentially valuable exception exists, however, in New York insurance coverage cases.
The Westchester Litigator
The Westchester Litigator, published by Yankwitt LLP, focuses on litigation practice in Westchester County and the broader New York metropolitan area. The blog covers a variety of civil and criminal litigation topics including business disputes, contract issues, employment litigation, family law litigation, and professional liability. It also addresses procedural matters such as motions to dismiss, venue transfers, and evidentiary rules in state and federal courts. The content reflects the firm's experience in alternative dispute resolution, appellate practice, bankruptcy litigation, and criminal defense, providing insights into local court decisions and procedural developments relevant to litigators and clients in the region.
Latest from The Westchester Litigator - Page 2
CPLR 3213: Ensuring a Promise for Repayment is Unconditional
By Yankwitt LLP
A motion for summary judgment in lieu of a complaint under CPLR 3213 is a powerful tool in a New York litigator’s arsenal. Clients seeking to recover on a promissory note or similar instrument “for the payment of money only” can bypass…
Know Your Limits: Contractual Waivers of Jury Trials and Extra-Contractual Damages
By Yankwitt LLP
As litigators, we not only represent our clients in court, we counsel them on litigation risk mitigation. In that capacity, we are often asked to review proposed commercial contracts for potential pitfalls from a litigator’s perspective. It can be difficult…