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New York Commercial Division Practice

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

By Viktoriya Liberchuk on March 7, 2019
Posted in Motions, Parties

You have been engaged in extensive motion practice in the Supreme Court of the State of New York.  You learn that your adversary, it appears, has taken a position contrary to the one taken in a prior proceeding. These “gotcha” moments don’t happen often, but you savor them when they do.  You immediately proceed to…

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

By Viktoriya Liberchuk on January 17, 2019
Posted in Rule Changes

As a junior associate you’re typically asked to do research and draft motion papers, but you also yearn for the opportunity to argue your motion before the Court. But junior associates are usually not afforded such opportunities. Or are they? In recent years, New York judges have been making a real commitment to the development…

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