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Commercial Litigation

Applying unique insight into the judicial system to deliver results for our clients.

It takes more than aggressive advocacy and trial experience to make a successful commercial litigation attorney. It takes the ability to look at the larger picture—to see the client’s business goals, then develop and implement a legal strategy that furthers their immediate and long-range objectives. The commercial litigation attorneys at Farrell Fritz include former prosecutors and judicial law clerks, giving our firm a broad understanding of the judicial system. This background, combined with years of working with some of Long Island’s and the New York region’s leading corporations, has produced a team of seasoned litigation attorneys with unique insight into the workings of the judicial system and a practical understanding of the business issues impacting litigation.

The commercial litigation practice at Farrell Fritz encompasses a broad array of business disputes. The firm litigates commercial cases arising under federal and state statutes as well as matters involving general principles of contract and business law. We regularly represent clients in partnership and shareholder disputes; prosecute and defend restrictive covenants, including non-compete agreements; and litigate claims for breach of contract, business torts, antitrust, unfair competition, and trade secret misappropriation.

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  • Alternative Dispute Resolution

    Alternative Dispute Resolution (ADR) has become a popular way for businesses to resolve differences without lengthy and costly court proceedings. Our commercial litigation attorneys represent clients in arbitration, mediation and other types of ADR. Several Farrell Fritz litigators also serve on ADR panels in the metropolitan New York area. We counsel our clients at the pre-litigation stage to prepare them for every possibility and to involve them in a process that encourages parties to work together to develop creative solutions to business disputes.

  • Appellate Practice

    Farrell Fritz frequently represents clients in state and federal appellate court matters, appearing regularly before the New York State Court of Appeals and Appellate Divisions as well as the United States Court of Appeals.

  • Attorney Professionalism

    The firm advises and represents lawyers and law firms on ethics and professionalism matters, grievances, and malpractice, as well as in law firm breakups.

  • Banking Litigation

    Banking litigation has long been a staple of the commercial litigation practice at Farrell Fritz. We represent commercial banks, savings banks, credit unions, and other financial institutions in disputes arising under the Uniform Commercial Code and federal and state laws and regulations as well as regularly enforce commercial loan agreements, defend lender liability claims, and litigate a broad variety of contract disputes.

  • Corporate Governance Litigation

    Farrell Fritz represents public and private companies, not-for-profit organizations, and municipalities in matters relating to their obligations under federal and state laws and regulations.

    Corporate Governance

  • Insurance Litigation

    Farrell Fritz represents insureds in litigation involving primary, excess, and umbrella coverage issues related to professional liability, general liability, and property/casualty policies. Our attorneys represent clients involved in coverage disputes involving directors and officers liability policies, and defend insurance agents and brokers against errors and omissions claims.

  • Intellectual Property Litigation

    Farrell Fritz litigates trade secret, copyright, and trademark cases in federal and state court and advises clients on issues relating to the licensing of intellectual property such as computer software.

  • Real Estate Litigation

    The firm’s deep roots in the Long Island real estate community give us a singular insight into real estate litigation. We litigate a broad variety of real estate disputes, including brokerage claims, title and boundary disputes, construction disputes, specific performance claims, disputes involving restrictive covenants and other recorded instruments, commercial lease disputes, adverse possession claims, and partition actions.

  • White-Collar Criminal Defense

    Several of our business litigation attorneys are former federal and state prosecutors who use their experience to defend individuals and corporations in white-collar criminal proceedings and to counsel clients who may be the subject of ongoing investigations. We also represent clients in other criminal matters in state and federal courts.

Professionals

Irene A. Zoupaniotis

Associate
Uniondale

Charlotte A. Biblow

Partner
Uniondale

Kathryn C. Cole

Partner
Uniondale

Patrick T. Collins

Partner
Uniondale

Matthew D. Donovan

Partner
New York City

Brian C. Doyle

Partner
Water Mill

Peter A. Mahler

Partner
New York City

John P. McEntee

Partner
Uniondale

Domenique Camacho Moran

Partner
Uniondale

Kevin P. Mulry

Partner
Uniondale

Jason S. Samuels

Partner
Uniondale

James M. Wicks

Partner
Hauppauge

Aaron E. Zerykier

Partner
Uniondale

John C. Armentano

Counsel
Hauppauge

Michael J. Healy

Counsel
Uniondale

Franklin C. McRoberts

Counsel
Uniondale

Darren A. Pascarella

Counsel
Uniondale

Paige D. Bartholomew

Associate
Uniondale

Kyle Gruder

Associate
Water Mill

Joshua M. Herman

Associate
New York City

Sonia A. Russo

Associate
Uniondale

Viktoriya Liberchuk

Associate
Uniondale

Hamutal Lieberman

Associate
New York City

Recent Blog Posts

Three New Rule Amendments Proposed by the Commercial Division Advisory Council

The Commercial Division Advisory Council (the “Advisory Council”) has proposed three new amendments to the Commercial Division Rules: (1) a…

September 06, 2019

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September 06, 2019

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What the Commercial Division Has Done for Us Lately

As the name and subject matter of this blog would suggest, we here at Farrell Fritz are big fans of…

August 29, 2019

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August 29, 2019

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Economic Justification for the Win – Defeating a Tortious Interference Claim

Consider this situation: You are a shareholder of a company who is about to enter into a contract with a third…

August 27, 2019

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August 27, 2019

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Summer Day Camp Derivative Headed to Trial

“Sibling relationships are complicated.  All family relationships are.  Look at Hamlet.”  Maurice Saatchi.  A recent decision in Greenhaus v. Gersh…

August 14, 2019

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August 14, 2019

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Shareholders Beware: Serve Pre-Litigation Demands or Be Prepared to Plead Demand Futility with Particularity

In a recent case, Gammel v Immelt (2019 NY Slip Op 32005[U]), shareholders of General Electric Company (GE), brought a…

August 09, 2019

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August 09, 2019

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A Thoughtful Insight into Seeking a Stay of Proceedings

“Should I stay or should I go”, queried the Clash.  Litigators are often faced with the same question, albeit in…

July 19, 2019

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July 19, 2019

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If you don’t use it, you lose it – don’t risk losing your right to terminate a contract by failing to timely notify your counterparty of material breaches

In a recent decision in Inferno Restaurant & Pizzeria, Inc. v SW Michaels Pizzeria, Inc., 2019 NY Slip Op 50995(U)…

July 03, 2019

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July 03, 2019

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Litigator’s Toolkit: Know the Law, Know the Rules, Know your Judge

We all know that understanding the law is a first step to good lawyering. But understanding what the particular judge…

June 19, 2019

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June 19, 2019

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Court Has Mercy, Allows Untimely Proof of Service

In law, as in life, mistakes happen. Some are irreparable: Statute of repose expired? Too much denim? In these circumstances,…

June 10, 2019

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June 10, 2019

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Vacating An Arbitration Award: Part II

You may have recently read on this blog that “vacating an arbitration award is an uphill battle.”  As my college Hamutal…

May 31, 2019

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May 31, 2019

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Keeping Up With the Commercial Division: Statewide “Presumptive ADR” System for all Civil Cases

New York is continuously working to advance the delivery and quality of civil justice in this state. We recently discussed the…

May 23, 2019

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May 23, 2019

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New York, Not Swiss Law Applies to Lawsuit Over “Stolen” $40M Princie Diamond

In a recent decision by the New York County Commercial Division (Borrok, J.), the Court held that New York law,…

May 18, 2019

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May 18, 2019

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Upgrading to Commercial Division 2.0 (Part II)

Luddites beware!  If you’ve been reluctant to introduce technology into the way you practice law, the Commercial Division may soon leave…

May 10, 2019

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May 10, 2019

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Law firm’s “no poaching” agreement escapes judicial review, and heads to arbitration

Neil Sedaka was right.   “Breaking up is hard to do.”   It’s no easier for law firms.  The saga over the departure…

May 07, 2019

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May 07, 2019

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Back to Basics: Long-Arm Statute 101

Reflecting on your first year of law school, you begrudgingly remember learning about personal jurisdiction and the long-arm statute. As a commercial litigator, one…

April 29, 2019

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April 29, 2019

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Don’t Forward Away Your Attorney Client Privilege

The attorney-client privilege is intended to protect communications between an attorney and his/her client.  The Supreme Court stated that the…

April 22, 2019

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April 22, 2019

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Want to File Under Seal? Here’s the Deal

To the uninitiated litigant, filing documents containing private, potentially embarrassing information under seal might seem like it should be easy…

April 15, 2019

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April 15, 2019

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Too Little Too Late: An Example of the Failure of CPLR 306(b)’s Safety Net

A commercial division litigator knows the severity of missing a statutory deadline. We discuss the implications of missing a statutory…

April 05, 2019

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April 05, 2019

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Summary Judgment 102: Make Sure Your “Money Instrument” Is In Tune With CPLR 3213

Summary judgment plays an important role in litigation.  So important, in fact, that many of our blog posts are devoted…

March 29, 2019

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March 29, 2019

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When Summary Doesn’t Mean Summary: Getting a Second Bite at Summary Judgment

There is a general policy in New York against allowing multiple or successive motions for summary judgment. And it stands…

March 21, 2019

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March 21, 2019

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How to Effectuate a Change in Venue in an E-filed Case: lesson to the bar

Ever wondered how to effectuate a transfer of venue following your successful motion to change venue in an e-filed case? …

March 15, 2019

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March 15, 2019

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A Prior Inconsistent Statement Is Not Necessarily Your Road to Judicial Estoppel

You have been engaged in extensive motion practice in the Supreme Court of the State of New York.  You learn that your…

March 07, 2019

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March 07, 2019

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Recently Retired Justices Bransten, Kornreich, Ramos, Schweitzer, and Demarest Reflect on Commercial Division’s Past, Present and Future

At the New York City Bar Association the evening of February 25th, five recently retired justices of the Commercial Division—Hon. Eileen…

February 28, 2019

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February 28, 2019

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Recovering Lost Profits Is a Fine Art in the Legal World

Perhaps the most important aspect of any case is determining what your damages are.  After all, isn’t that generally the…

February 21, 2019

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February 21, 2019

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Judge Emerson Says “Thank you, Next” to Plaintiff’s Weak Arguments in Opposition to Enforcement of Forum-Selection Clause

Boy invites Girl on a date for Valentine’s Day. They agree to meet at a restaurant near Boy’s home (rude,…

February 14, 2019

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February 14, 2019

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Summary Judgment 101: Movants, Make Sure Your Evidence Is In “Admissible Form”

Most litigators are familiar with the requirement that a summary motion be supported with “evidentiary proof in admissible form” establishing…

February 08, 2019

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February 08, 2019

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Check the Rules Part X: New ComDiv Judge Emphasizes (Assumes?) Use of Technology in Individual Practice Rules

In our last “Check the Rules” post back in December, we noted the recent additions to the Manhattan Commercial Division bench, Justices…

January 31, 2019

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January 31, 2019

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Are There Heightened Pleading Requirements When Alleging Consequential Damages Against an Insurer in a Coverage Dispute? “No”, Says the First Department

Are “consequential damages” available on contract claim against an insurer in an action brought by an insured for breach of a commercial…

January 24, 2019

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January 24, 2019

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Commercial Division Rules in Favor of … “The Junior Associate”

As a junior associate you do research and draft motion papers and yearn for the opportunity to argue your motion…

January 17, 2019

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January 17, 2019

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CAN A NON-SIGNATORY BE COMPELLED TO ARBITRATE CLAIMS?

Your client who was just subpoenaed to provide documents in an arbitration, advises you, but with confidence says “But we…

January 11, 2019

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January 11, 2019

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Insurers Must Defend Claims Brought By Hulk Hogan: Intentional Tort Deemed “Accidental” Occurrence

To welcome the New Year, we venture outside this blog’s traditional realm of commercial division practice and procedure to reflect…

January 04, 2019

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January 04, 2019

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Money Can Buy You Shares in A Company But It Can’t Buy You Preliminary Injunctive Relief

A preliminary injunction is one of the available provisional remedies, namely, equitable relief entered by a court prior to a final…

December 27, 2018

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December 27, 2018

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Successful Challenge To a Forum-Selection Clause Requires a “Strong Showing” – So Select Your Forum Wisely

Forum-selection clauses were once widely disfavored by many courts on the theory that such provisions operated to improperly divest the…

December 20, 2018

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December 20, 2018

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Check the Rules Part IX: More Procedural Particularities of Practicing in the Commercial Division

As readers of this blog have come to appreciate, we here at New York Commercial Division Practice tend to report…

December 13, 2018

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December 13, 2018

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Judicial Dissolution Proceeding against Donald J. Trump Foundation Withstands Dismissal Motion

The Donald J. Trump Foundation, a private foundation incorporated in 1987, was formed “exclusively for charitable, religious, scientific, literary or educational…

December 06, 2018

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December 06, 2018

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Technology-Enabled Courtrooms Coming to the Commercial Division

Tired of printing hundreds of thousands of documents and carrying numerous boxes of documents to court? The New York Commercial…

December 01, 2018

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December 01, 2018

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Attorneys Avoid Civil Contempt Despite “Complicit” Role in Client’s Willful Disregard of Court Order

What consequences might an attorney face if she allows her client to deliberately disregard a court order? A recent decision…

November 23, 2018

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November 23, 2018

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Google Doesn’t “Do the Right Thing” When It Comes To Attorneys’ Eyes Only

As litigators in the Commercial Division, everyone knows that discovery can be particularly burdensome and time consuming.  This is especially…

November 15, 2018

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November 15, 2018

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Those Seeking to Vacate An Arbitration Award Face An Uphill Battle

You’ve just represented a client in an arbitration proceeding…and lost. The client wants to “appeal” the decision. Now what? The…

November 09, 2018

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November 09, 2018

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Commercial Division Rules May Be Coming to a Non-Commercial Court Near You

For those civil practitioners who don’t regularly practice in the Commercial Division – beware.  The Unified Court System’s Advisory Committee…

November 05, 2018

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November 05, 2018

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At Least I Still Have My Rights of Inspection

Perhaps it’s because I’ll be speaking on the topic later this week, or perhaps it’s because of a recent post…

October 29, 2018

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October 29, 2018

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Does “freedom of contract” really exist when it comes to statute of limitations in a mortgage-backed securities contract?

Although we generally report on recent Commercial Division decisions, and sometimes commercial cases coming out of the Appellate Divisions, this time…

October 22, 2018

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October 22, 2018

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General Release Bars Family from Recovering Art from the Holocaust

A general release: the end of a litigation or relinquishment of a right? Every attorney and litigant often breathes a…

October 12, 2018

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October 12, 2018

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Amended CPLR 503(a): “Extra Butter” Sneakerheads Must Defend Alleged Theft of Yeezys, and Other Fly Kicks, in New York County

It has been almost one year since the New York legislature amended CPLR 503(a) to provide for venue in “the…

October 04, 2018

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October 04, 2018

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Have a Dog In Someone Else’s Fight? Intervene to Protect Your Right!

Generally speaking, most people want to avoid becoming entangled in litigation.  But what happens when an action is pending and,…

September 30, 2018

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September 30, 2018

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Check the Rules Part VIII: More Updated Part Rules in the Manhattan Commercial Division

Over the past year or so, we have made a point of highlighting in the “Check the Rules” series on…

September 20, 2018

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September 20, 2018

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Is the Defense of “Release” Documentary Evidence Under 3211(a)(1) or an Affirmative Defense Under (a)(5)(or does it matter)?

In Miller v. Brunner, the Appellate Division, Second Department spoke clearly (again) about how to move to dismiss on the…

September 13, 2018

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September 13, 2018

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“Unnecessary and Inappropriate”: The declaration no one wanted

Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. …

September 07, 2018

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September 07, 2018

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Second Department Allows Untimely Claims to Relate Back to Action Brought By Wrong Plaintiff

Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute…

August 30, 2018

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August 30, 2018

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Court Confirms Arbitration Award Against Respondent Who Failed to Check Her Mail

A recent decision out of the Suffolk County Commercial Division underscores the importance of staying on top of your mail if…

August 23, 2018

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August 23, 2018

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Court Says Uber Makes Things Difficult But Not “Impossible” for NYC Taxis

I made two observations coming out of Grand Central Station during my morning commute last week. First, the city really…

August 09, 2018

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August 09, 2018

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Court cannot search the record on claims not the subject of the motion, or can it?

The Appellate Division, in a short but direct ruling, reminds the bench and bar that courts cannot simply “search the…

August 02, 2018

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August 02, 2018

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Personal Jurisdiction Over Japanese Airplane Entities Does Not Fly in New York County

In a recent decision, Justice Scarpulla of the New York County Commercial Division declined to exercise personal jurisdiction over several…

July 26, 2018

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July 26, 2018

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Universal Obtains More Than It Bargained For in Dealings with Cash Money Records: Potential Liability for Unpaid Drake Profits

For those unfamiliar with what today’s young kids are listening to, Aubrey “Drake” Graham is one of the most commercially-successful…

July 19, 2018

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July 19, 2018

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Doping Suit Brought by Vijay Singh: Appellate Division Affirms Denial of PGA Tour’s Motion

In May 2013, professional golfer Vijay Singh (“Singh”) brought suit against PGA Tour, an organizer of the leading men’s professional golf…

July 13, 2018

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July 13, 2018

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Proposed Amendment to Commercial Division Rules Aims to Make Mediation More Effective

 Commercial Division litigators often hope that mediation will lead to a negotiated settlement, but their expectation – based on their…

July 05, 2018

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July 05, 2018

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Be Prepared to Upgrade to Commercial Division 2.0 – at Least in Westchester County

Several weeks ago we remarked on the Commercial Division’s renowned efficiency and innovativeness when it comes to proposing and adopting…

June 28, 2018

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June 28, 2018

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In Pari Delicto Defense Can be Raised for the First Time on Appeal, But is No Defense to a Fraudulent Conveyance

Failure to raise an issue at the trial court level is generally considered a waiver of that issue on appeal. …

June 21, 2018

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June 21, 2018

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Treasury Secretary Escapes Fraud Claims

  On June 5, 2018, in RKA Film Financing, LLC v. Kavanaugh et al., the First Department unanimously affirmed the Supreme…

June 15, 2018

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June 15, 2018

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Bill “Doe” (friend/refused last name), Possible Squatter, Accepts Substitute Service

In the opening scene of the 2008 “stoner action comedy” Pineapple Express, as Eddy Grant’s “Electric Avenue” pumps out of…

June 07, 2018

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June 07, 2018

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First Department Rejects Kesha’s Proposed Counterclaims Seeking to Terminate Contracts With Dr. Luke

In a recent decision handed down just a couple of days ago, the Appellate Division, First Department affirmed Justice Kornreich’s…

May 31, 2018

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May 31, 2018

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Action to Recover Amadeo Modigliani Painting Stolen by Nazis Survives Dismissal Due in Part to Alter Ego Finding

Minolta DSC Over eighty years after the end of World War II, crimes committed by the Nazis continue to be…

May 24, 2018

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May 24, 2018

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Check the Rules Part VII – Recent New-Rule Proposal Encourages Lawyers and Courts to Get Down to Brass Tacks Early in the Case

The New York Commercial Division was founded in 1993 “to test whether it would be possible, by concentrating on commercial…

May 17, 2018

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May 17, 2018

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Another Reminder That Unsigned Agreements Can Be Binding

In commercial litigation, it is not at all unusual for courts to be called upon to determine whether an unsigned…

May 10, 2018

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May 10, 2018

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Default Judgment Entered on a Promissory Note Even Though Claim Likely Violated Criminal Usury Laws

So a plaintiff obtains a default judgment against a defendant on a promissory note case.  Defendant fails to appear or defend.   On…

May 04, 2018

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May 04, 2018

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Fugitive Tycoon Guo Wengui, Seeking Asylum in United States, Denied Protection from Creditors’ New York Lawyers

In 2015, Guo Wengui, a/k/a Kwok Ho Wan, a Chinese citizen, billionaire investor and political provocateur, fled China for the United States…

April 26, 2018

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April 26, 2018

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Fox News Executive Not a Faithless Servant, Despite Allegations of Sexual Harassment

In a recent Commercial Division decision, Pozner v Fox Broadcasting Company, (2018 NY Slip Op 28102 [Sup Ct, NY County…

April 20, 2018

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April 20, 2018

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Blue Man Group Member’s Fiduciary Duty Claim Drummed Out of Court

Ian Pai was an early participant in the Blue Man Group (“BMG”).  Between 1989 and 1991, he met and began collaborating…

April 05, 2018

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April 05, 2018

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Check the Rules Part VI – Recent Rule-Change Proposal Asks Lawyers To Curb Their Brief-Writing Enthusiasm

Perhaps I’m revealing too much about my abilities in a prior life to balance academic and social priorities, but does…

March 29, 2018

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March 29, 2018

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Lawyers Must Continue to Dot Their I’s and Cross Their T’s To Avoid Legal Malpractice Claims

In a legal malpractice claim brought by Plaintiff, an Australian investment bank against Morrison & Foester, claiming that the law…

March 22, 2018

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March 22, 2018

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Separate Duty to Notify Revives Untimely Subprime Mortgage Claims

In a thorough opinion last week by Justice Marcy Friedman in Bank of N.Y. Mellon v WMC Mtge., LLC, the…

March 15, 2018

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March 15, 2018

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When Is A Fraud Claim Duplicative Of A Breach Of Contract Claim?

Generally speaking, a fraud claim that is “duplicative” of a breach of contract claim will be dismissed. But when is…

March 08, 2018

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March 08, 2018

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Another Stern Reminder re: Judiciary Law § 470 is Alive and Well

Frequent readers of this blog may recall my post from the end of last year in which I highlighted a…

March 01, 2018

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March 01, 2018

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Check the Rules Part V – Motion and Pre-Trial Practice in Kings County and Other Helpful Resources

For the fifth installment of this blog’s ongoing “Check the Rules” series, we feature the individual practice or part rules…

February 22, 2018

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February 22, 2018

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When Does Intentional Wrongdoing Render a “Limitation of Liability” Clause Unenforceable?

That was the issue presented to the Appellate Division, First Department in Electron Trading, LLC v. Morgan Stanley & Co. LLC,…

February 15, 2018

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February 15, 2018

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State of Our Judiciary Address Announces E-Filing Rules for Appellate Divisions Affecting Commercial Cases

Chief Judge Janet DiFiore announced on Tuesday (February 6) in her State of Our Judiciary Address, that the Appellate Divisions…

February 09, 2018

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February 09, 2018

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Not All “Repeated Discovery Failures” Lead to the Striking of a Pleading

So you entered into a Preliminary Conference and a Compliance Conference Order with your adversary whereby the parties have to…

February 08, 2018

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February 08, 2018

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Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to…

February 01, 2018

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February 01, 2018

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Be Sure to ‘Like’ This Summons on Facebook

My colleague Adam Rafsky’s astute post last week on Manhattan Commercial Division Justice Shirley Werner Kornreich’s recent reminder regarding the…

January 18, 2018

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January 18, 2018

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Defamation Claims Against Gemological Institute Doomed: Qualified Privilege Shield Is Stronger Than A Diamond

“Diamonds are nothing more than chunks of coal that stuck to their jobs,” said Malcom Forbes.  An industry that generates…

January 04, 2018

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January 04, 2018

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A Reminder for Non-Resident Attorneys Seeking to Practice in New York: Be Sure to Comply with Judiciary Law § 470!

This week, we examine the answer to a simple question: may an out-of-state lawyer serve as counsel in a New…

December 28, 2017

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December 28, 2017

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Check the Rules Part IV

In one of our very first posts on this blog – entitled “First Things First:  Check the Rules!” – we…

December 21, 2017

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December 21, 2017

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Proposed Amendment to Commercial Division Rule 11-g Seeks to Add Clawback Language to Standard Confidentiality Order

Disclosure of Electronically Stored Information (“ESI”) has become a staple in commercial cases.  Of course, with the vast number of documents and…

December 14, 2017

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December 14, 2017

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Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!

Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in…

December 07, 2017

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December 07, 2017

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Is it a Privilege to Speak With a PR Consultant? Maybe Not for Kesha!

So you were just retained on what could become a high-profile case.  The stakes are high, and it’s unclear how…

November 30, 2017

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November 30, 2017

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Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

“The expert discovery rules are promulgated so no party will be ‘sandbagged’ or surprised by another expert’s opinion” – Manhattan…

November 16, 2017

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November 16, 2017

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To Demand or Not Demand, “Futility” is the Question

Under Delaware law, the decision to commence litigation on behalf of a corporation is, of course,  a fundamental exercise of business…

November 09, 2017

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November 09, 2017

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Is Customer Information a Trade Secret? Not So Fast!

Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a…

November 02, 2017

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November 02, 2017

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To ADR or Not to ADR? Two New Amendments to the Commercial Division Rules Require Parties to Answer the Question

Two recent amendments to the Commercial Division Rules, designed to encourage alternative dispute resolution, will go into effect on January…

October 26, 2017

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October 26, 2017

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Jurisdictional Discovery: When and Why It’s Available

Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of  that 10-page fact…

October 19, 2017

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October 19, 2017

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Has Rule 11-c Made Nonparties’ Yoke Easy and Burden Light When It Comes to e-Discovery?

As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules…

October 12, 2017

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October 12, 2017

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Pleading Equitable vs. Contractual Indemnification

Can a claim for equitable or common-law indemnification co-exist with a claim for express or contractual indemnification? In Live Invest,…

October 05, 2017

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October 05, 2017

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Answer the Phone, Win a Trip to New York?

If you live in the Western Hemisphere, then you already know that New York courts may exercise personal jurisdiction over…

September 28, 2017

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September 28, 2017

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It May Look Like Documentary Evidence, But Is It Under CPLR 3211(a)(1)?

CPLR 3211(a)(1) allows a defendant to seek dismissal of a complaint when the defense is “founded upon documentary evidence.” “Documentary…

September 14, 2017

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September 14, 2017

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“Better Late Than Never” Not a Refrain for the Defaulting Defendant Lacking a Potentially Meritorious Defense

Statutorily imposed deadlines are not optional for commercial litigants; this much should be obvious. Notwithstanding, and despite numerous technological calendaring…

September 11, 2017

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September 11, 2017

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Check the Rules Part III

Visitors to this blog may recall our recent posts (here and here) concerning the individual practice rules of Manhattan Commercial…

August 31, 2017

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August 31, 2017

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Are Communications With an Expediter or “Land-Use Consultant” Privileged?

In an action brought against a title company for losses in connection with a property sale, Justice Elizabeth H. Emerson, in…

August 24, 2017

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August 24, 2017

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Two New Rule Amendments Proposed by Commercial Division Advisory Council

If you have ever looked at a contract’s New York choice-of-law provision or a status conference stipulation and thought to…

August 17, 2017

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August 17, 2017

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No Privity? No Problem!

ay a stranger to an arbitration agreement compel arbitration against its signatories? According to the Second Department in Degraw Construction Group v McGowan…

August 10, 2017

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August 10, 2017

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The Doctrine of Equitable Recoupment Is A Litigation Shield – Not A Sword

The doctrine of equitable recoupment, which is codified in CPLR 203(d) permits a defendant to assert an otherwise untimely defense or counterclaim.…

August 03, 2017

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August 03, 2017

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It’s Sweet to be NutraSweet: Commercial Division Overturns Arbitration Award Entered in Favor of Would-be Seller of Aspartame Business to Iconic Artificial Sweetener Brand

As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County…

July 27, 2017

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July 27, 2017

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Check the Rules Redux

Several weeks ago, we reported on some recent updates to Manhattan Commercial Division Justice Bransten’s individual practice rules. New York…

July 20, 2017

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July 20, 2017

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Motions For Leave to Renew: The Requirement Often Overlooked

A motion for leave to renew must be based upon new evidence or a change in the law that would…

July 13, 2017

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July 13, 2017

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Attorney Letter Terminating Engagement May Not Constitute “Documentary Evidence” to Support Dismissal of Malpractice Case

CPLR 3211(a)(1) provides for the dismissal of a claim so long as the defense is based upon “documentary evidence”.  We’ve…

July 06, 2017

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July 06, 2017

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Forum Selection Clause in Broker Agreement Insufficient to Confer Personal Jurisdiction

The Second Department recently handed down a harsh reminder of the importance of obtaining an executed broker’s agreement.  Oral agreements…

June 29, 2017

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June 29, 2017

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Don’t Forget To Calendar Your Deadlines – Especially The Statutory Ones!

If you commence an action by way of summons with notice, you must bear in mind the strict time limitations…

June 22, 2017

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June 22, 2017

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Three New Rule Amendments Proposed by the Advisory Council

One aspect of the Commercial Division that makes it a highly desirable forum for litigators and litigants alike is its…

June 15, 2017

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June 15, 2017

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First Things First: Check the Rules!

You’re a commercial litigator in New York. You’ve just been brought in on a case pending in the Commercial Division…

June 08, 2017

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June 08, 2017

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Harvey Keitel Fails Twice to Prove Binding Contract to do Commercials for E*Trade

In an action for breach of contract, Pulp Fiction and Reservoir Dogs star Harvey Keitel sued E*Trade based upon a…

May 31, 2017

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May 31, 2017

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Articles & Advisories

Know the Law, Know the Rules, Know Your Judge

Matthew Donovan and Viktoriya Liberchuk wrote an article for the August edition of WCBA Westchester Lawyer. Below are a few…

September 10, 2019

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Business and Commercial Litigation in Federal Courts (4th ED.) Edited By Robert L. Haig

James M. Wicks, partner, wrote this book review. Four years ago, I reviewed Business and Commercial Litigation in Federal Courts (3d…

November 16, 2018

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Be Prepared to Upgrade to Commercial Division 2.0—at Least in Westchester County

The Commercial Division is world-renowned for its efficiency and innovativeness when it comes to proposing and adopting new and amended…

August 20, 2018

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State’s Battle Against Firefighting Foam Intensifies

A new lawsuit, letters from the New York State Department of Environmental Conservation (NYSDEC) to Superfund and brownfield sites across…

July 26, 2018

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So, Where Is the Promised Disclosure Program for Household Cleaning Products?

State Environmental Regulation In his 2017 State of the State address, New York Governor Andrew M. Cuomo announced that the…

May 24, 2018

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Cuomo Budget Proposal Threatens Brownfield Cleanup Program

Tucked into the fiscal year 2019 budget released on January 16 by Governor Andrew M. Cuomo is a proposal that,…

March 22, 2018

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Business Divorce Cases of 2017 Focus On Oppression, Valuation and LLC Issues

New York courts last year decided an impressive array of business divorce cases involving closely held corporations, partnerships, and limited…

February 16, 2018

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How Government Can Help Coasts Adapt to Climate Change

Many of the subjects that I discuss in this column relate in one way or another to climate change. This…

November 30, 2017

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Court Address Key Issues In Business Divorce Cases of 2016

Last year New York courts decided a number of important cases involving business divorce and related litigation between co-owners of…

February 15, 2017

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Value Added by A CCM and Attorney

Like many other Certified Construction Managers (CCM) my construction career started in the trenches with “boots on the ground,” building…

November 04, 2016

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News

Ones to Watch in Law: Viktoriya Liberchuk

Viktoriya Liberchuk, a commercial litigator with Uniondale-based Farrell Fritz, represents individuals and businesses in state and federal court. Her practice…

January 21, 2019

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Molloy College names new chairman, board member

John P. McEntee, partner at Farrell Fritz, P.C., was named as new chairman of Molloy College’s Board of Trustees last month after…

July 25, 2018

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The Rockville Centre Lions Club to Honor Farrell Fritz Partner Kevin Mulry

The Rockville Centre Lions Club will hold its annual Dinner in the Dark event on May 4 at Rockville Links Club to…

April 20, 2018

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Absent with Leave: Paid Family Leave has begun in NY, but questions remain

Paid Family Leave has begun in NY, but questions remain Paid Family Leave took effect in New York at the…

January 22, 2018

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Millennial Lawyers Explain Why They Flock to New York’s Midsize Firms

January 18, 2018

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40 yrs. later, rivals’ ugly Model Wars are back in fashion

James Wicks, partner at Farrell Fritz was mentioned in an article from New York Post in the September 8, 2017…

September 11, 2017

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Ex-East Hampton Chief Sues Mayor, Police Commissioner

August 25, 2017

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Ex-police chief sues East Hampton Village mayor, trustee

August 24, 2017

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Technology on Trial

Judges, attorneys have mixed views on IT in the courtroom. James Wick is quoted in this article: James Wicks, a…

March 28, 2017

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LexBlog Leaders: Peter Mahler Builds an Engine with Zeal

Peter Mahler discusses his impetus for launching the New York Business Divorce blog, how it has contributed to his business success…

September 12, 2016

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Press Releases

Sonia A. Kaczmarzyk Joins Farrell Fritz as a Commercial Litigation Associate

Farrell Fritz is pleased to welcome Sonia A. Kaczmarzyk to its Uniondale office as a commercial litigation associate. Sonia is…

May 08, 2019

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Kathryn C. Cole Has Been Elected as a New York Bar Foundation Fellow

Farrell Fritz is pleased to announce that Kathryn (Katy) C. Cole has been named a Fellow of The New York…

March 04, 2019

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Farrell Fritz Promotes Jaclene L. D’Agostino and Darren A. Pascarella to Counsel

Farrell Fritz is pleased to announce the promotions of Jaclene L. D’Agostino and Darren A. Pascarella to Counsel effective January…

December 27, 2018

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Viktoriya Liberchuk of Farrell Fritz Receives Prestigious NYSBA Scholarship

Farrell Fritz congratulates Viktoriya Liberchuk on being selected to receive the Hon. Judith S. Kaye Scholarship. The scholarship seeks to…

November 09, 2018

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Hamutal G. Lieberman and Alexander Litt Join Farrell Fritz’s New York City Office as Commercial Litigation Associates

Farrell Fritz is pleased to welcome Hamutal G. Lieberman and Alexander Litt to its New York City office as commercial…

October 01, 2018

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Farrell Fritz Welcomes Steven J. Lee to Uniondale Office as a Construction Law Associate

Farrell Fritz welcomes Steven J. Lee of Flushing to our commercial litigation practice group, where he focuses his practice on construction matters.…

July 10, 2018

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Joshua M. Herman Joins Music at the Anthology Board

Farrell Fritz congratulates Joshua M. Herman on his recent appointment to the board of Music at the Anthology (MATA). He…

March 08, 2018

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Paige D. Bartholomew of Farrell Fritz Receives Prestigious NYSBA Scholarship

Farrell Fritz warmly congratulates Paige D. Bartholomew on being selected to receive the Hon. Judith S. Kaye Scholarship. The Scholarship…

February 05, 2018

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Franklin McRoberts of Farrell Fritz Appointed to The Caumsett Foundation’s Board of Directors

Farrell Fritz warmly congratulates Franklin (Frank) McRoberts on his recent appointment to The Caumsett Foundation’s board of directors. He will…

February 02, 2018

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Daniel Bernard and Viktoriya Kruglyak Join Farrell Fritz’s Uniondale Office

Farrell Fritz is pleased to welcome Daniel R. Bernard and Viktoriya Kruglyak to its Uniondale office as associates. Daniel, a…

January 19, 2018

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Pro Bono

Temple Sinai of Bergen County

Partner Peter Zlotnick and his family have been members of Temple Sinai of Bergen County for 20 years. In 2009, during…

August 01, 2017

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Long Island Alzheimer’s Foundation

LIAF began in 1988 in typical grass-roots fashion. Five women, each of whom had a parent or grandparent with Alzheimer’s…

January 01, 2010

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Representing a Church in an Employment Dispute

Farrell Fritz lawyers have devoted their time and expertise to an area church that had been involved in a protracted…

January 01, 2010

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