Case Reviews
Replevin via the CPLR & UCC
This month we review an interesting decision regarding the provisional remedy of replevin. Although the Plaintiff’s moving affidavit was inadequate to comply with the CPLR, luckily for the...
Recovery of Counsel Fees & Positive Expenses for Filing an Improper Lis Pendens
It has long been said that “with great power comes great responsibility.” The maxim is especially appropriate in connection with the effectuation of a CPLR Article 65 Notice of Pendency. Assuming...
Recovery of $1.5 Million After Breach of Real Estate Contract
Barnes & Barnes, P.C., represented the Seller of a commercial real estate complex and recovered a $1 million down payment, plus counsel fees and nearly $500,000 in pre-judgment interest, after...
Pursuant to Federal Law, the Attorney/Client Privilege Does Not Survive Corporate Dissolution
For individuals, the attorney-client privilege protects communications even after an death (see Swidler & Berlin v. United States, 524 U.S. 399 (1998)), thereby encouraging individuals to speak...
Proportionate Liability for Diversion of a Corporate Opportunity
Whoever coined the phrase “partners are only good for square dancing” must have been a defendant in a breach of fiduciary duty claim. One can understand some of the cynicism, as the fiduciary duty...
Prevailing At Trial For Breach of Aircraft Lease Agreement
After trial, the Supreme Court ruled in favor of B&B’s Client, determining that the lessee of an aircraft breached a lease, and awarded B&B’s client damages, counsel fees and interest....
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Case Studies
