Waiver is the relinquishment of a known right. Sometimes waiver is explicit. Sometimes, however, waiver results from a party sitting on a breach of contract for years and not treating it as a deal-breaker until it is looking for an excuse to terminate that contract....
When parties are ending a business arrangement, it is common for one side to be asked to sign a release of all present and future claims against the other party. Such releases are contracts and challenging them is always an uphill battle, even where a party is...
The old adage “when you assume…” has particular significance for attorneys during litigation. In the recent decision in Iacovacci v. Brevet Holdings LLC, (Suffolk Supreme Index No. 158735/2016), assumptions and poor communications between an attorney and clients...
When a plaintiff sues for fraud, New York’s Civil Practice Law and Rules (CPLR) requires that the complaint provide sufficient facts to support the claim. CPLR § 3016(b) states that “the circumstances constituting the wrong shall be stated in detail.” This is...
Sometimes it’s best not to make a federal case out of it. This is the lesson from the recent decision in Nanobeak Biotech Inc. v. Barbera, 2021 WL 1393457 (S.D.N.Y. Apr. 13, 2021), involving a plaintiff corporation that tried but failed to get its lawsuit into...
They say, “No good deed goes unpunished,” but with the right lawyer, you may get rewarded after all. While it is not a good idea to do work for someone without a written contract, sometimes you can still prevail in a lawsuit as demonstrated in a recent case. Our firm...
Many seniors consider transferring their home to their children while they are still alive. They may fear losing the home if they need Medicaid or for other reasons so they give it to a family member with the view that they will remain in the house for the remainder...
These facts are amazingly common. Bob Buyer is purchasing a home and hires an attorney to prepare the contract of sale, review title and confirm no building violations exist. A few days before closing, Bob Buyer receives an email from his attorney’s verified email...
You hire an employee that used to work for a competitor only to find out too late that the employee is a spy stealing your business secrets to give to his “former” boss. Corporate espionage is nothing new, and in fact is prevalent in this day and age. Many businesses...
