As New York courts reopen and the mandatory stay-at-home order is lifted, what remains unclear is how the numerous Executive Orders issued by Governor Andrew M. Cuomo during the COVID-19 pandemic will affect individuals and businesses who, based on the economic effects of the crisis, may no longer be able to abide by previously issued
contracts
Commercial Division Denies Pfizer’s Motion To Dismiss, Holds Allergan’s Claims for Defense Costs Are Ripe


It’s back to business as usual for Commercial Division Justice Andrew Borrok, who recently issued a slew of decisions contributing to New York’s robust Commercial Division jurisprudence. In one decision, Allergan Fin., LLC v Pfizer Inc. (2020 NY Slip Op 50422 [U] [Sup Ct, NY County Apr. 13, 2020]), Justice Borrok denied a motion…
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 point of all our efforts – to try to recover the most amount of money? The defendant may undeniably be the villain you make them out to be, and undoubtedly they have caused you all…
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…
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 Term Sheet entered into between Keitel and advertising agency Ogilvey & Mather NY (“Ogilvey”) for the actor to do three commercials. The case, Keitel v E*Trade Fin. Corp. (Sup Ct, NY County, Apr. 17, 2017)…