Case Studies

Home » Case Studies

Slamming the Door on Defenses to Disbursement of Counterfeit Funds

In February 2011 we reviewed JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In Pinzler, the defendant attorney was found liable to the plaintiff bank for disbursing funds to a client that was drawn on a...

read more

Representations & Warranties: Breach Mandates Indemnification

With subtle hints that the economy is finally turning from its free-fall, merger and acquisition transactions will begin to surface once again.  The preamble of many transaction documents includes various “representations and warranties”, provisions which may provide the parties with a...

read more

TASK FORCE REPORT & RECOMMENDATIONS FOR THE COMMERCIAL DIVISION

In late June 2012, Chief Judge Jonathan Lippman's Task Force on Commercial Litigation released its Report and Recommendations for the Commercial Division, the culmination of the Task Force’s six-month exploration of how to better manage judicial resources of the Commercial Division by improving...

read more

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 Plaintiff the Court nonetheless awarded Plaintiff possession of the subject chattel premised upon the...

read more

SEND US A MESSAGE