Most litigators know that a preliminary injunction is a “drastic remedy” which is not “routinely granted.” Reading these words on paper, however, does not adequately convey the high threshold that a party must meet when seeking this extraordinary relief. Seeking an injunction – especially in the Commercial Division – is usually an uphill battle for
State courts have long exercised discretionary power to stay proceedings where a suit involving the same parties and issues is already under way in another forum (see Asher v. Abbott Laboratories, 307 AD2d 211, 211-212 [1st Dept. 2003]).
A New York Commercial Division practitioner seeking to avoid duplicative litigation can either move
Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]). And so, lawyers tasked with drafting an answer will often consult a “checklist” to ensure that all relevant affirmative
We all know that understanding the law is a first step to good lawyering. But understanding what the particular judge assigned to your case likes and dislikes, and her pet peeves is just as important for your success as an advocate for your client.
On June 14, 2019, the New York State Bar Association’s Commercial
You may have recently read on this blog that “vacating an arbitration award is an uphill battle.” As my colleague Hamutal G. Lieberman discussed, there are only two instances when an arbitration award may be vacated: (1) instances involving fraud, corruption or misconduct of the arbitrators or (2) where an arbitration award exhibits
New York is continuously working to advance the delivery and quality of civil justice in this state. We recently discussed the technological developments in New York State Commercial Division courtrooms and a few months ago we discussed the increasingly-codified perspective of Commercial Division Justices to encourage junior attorneys to play a larger role in the
To welcome the New Year, we venture outside this blog’s traditional realm of commercial division practice and procedure to reflect on the nature of “intent” at the intersection of professional wrestling and insurer coverage liability. No, this is not a surrealist poem, but a recent decision by Justice Peter Sherwood of the Commercial Division for
The Donald J. Trump Foundation, a private foundation incorporated in 1987, was formed “exclusively for charitable, religious, scientific, literary or educational purposes”, and as stated in the Certificate of Incorporation, shall not be for propaganda or participating or intervening in “any political campaign.” The Foundation’s president and founder, is Donald J. Trump.
The Attorney
Although we generally report on recent Commercial Division decisions, and sometimes commercial cases coming out of the Appellate Divisions, this time we go all the way to the top: the Court of Appeals. Not often do we see commercial cases with a procedural twist coming out of our High Court (of NY). However, last week,
Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied? Not if the two plaintiffs are the same person switching from their individual to representative capacity, held the Second