“Diamonds are nothing more than chunks of coal that stuck to their jobs,” said Malcom Forbes. An industry that generates over $13 billion annually, diamonds are considered one of the world’s major natural resources. Critical to the integrity of the market are reports or certificates that grade the quality of the stones
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 York state court procee
ding absent making a motion for admission pro hac vice? To answer this slightly ambiguously worded question, we need more information. Specifically, the answer depends on the meaning of “out-of-state”
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, Inc. v. Morgan Justice Emerson says “no”, when the claim seeks to recover for the defendant’s wrongdoing (e.g., breach of contract) as opposed to simply trying to hold a defendant liable based on
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 evidence”, however, is not defined by the CPLR – leaving many practitioners in the dark as to what qualifies as a sufficient “document” under this paragraph. Indeed, in a recent blog, we highlighted a
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 JBGR LLC v. Chicago Title Ins. Co., denied the title insurer’s motion to amend its answer to add defenses, but also denied plaintiffs’ motion for a protective order concerning a withheld memorandum prepared
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. The Appellate Division, First Department recently applied the doctrine in California Capital Equity, LLC v. IJKG, LLC, and highlighted a few caveats that a litigator should bear in mind when relying upon
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 for broker fees are apt to run afoul of the statute of frauds, and personal jurisdiction cannot be conferred by the mere insertion of a forum selection clause in the brokered sale agreement.
In Ausch