Case Reviews
PGA Capital LLC v. Toman – Defendants Do Not Have an Easement in Their Former Waterfront Lot
As seen in the New York Law Journal Upon the efiled documents numbered 37-50; 52-55; and 58, it is ORDERED that plaintiff PGA Capital LLC’s motion for an order pursuant to CPLR §3212 granting...
New Rule Commercial Division Rule 9-a
A recent amendment to the Commercial Division rules, effective as of October 1, 2018, provides Judges, litigants and their counsel with additional fodder to quickly and efficiently...
Maximizing Criminal Court Results, in the Civil Arena, Through Collateral Estoppel
Introduction For civil counsel engaged to right criminal wrongs committed by a Corporation’s former officer or employee, the frustration of the delays incident to a parallel criminal proceeding can...
Litigation Holds and Preservation of ESI in Light of VOOM HD Holdings, LLC
In commercial litigation cases, issuing a litigation hold to preserve electronically stored information (ESI) is paramount once a party reasonably anticipates that litigation may ensue, which may be...
Limitations on the Scope of an Employee’s Fiduciary Duty
In a unique twist from the garden-variety breach of fiduciary duty claim, Justice Scarpulla (New York County Commercial Division) recently refused to expand the scope of viable “faithless servant”...
Lawrence v. Kennedy — Lessons for the Unwary
In Lawrence v. Kennedy, — N.Y.S.2d —-, 2011 WL 5107234, 2011 N.Y. Slip Op. 21377 (Nassau Sup. Ct. 2011), plaintiff Lawrence S. Lawrence, a New York attorney, moved for summary judgment in lieu of...
SEND US A MESSAGE
ADDITIONAL INSIGHTS
SUBSCRIBE TO OUR NEWSLETTER
Subscribe to the Barnes & Barnes Newsletter, a valuable resource brimming with insights directly from commercial litigation partners, Leo K. Barnes, Jr. and Matthew J. Barnes.
Case Studies
