This Column has previous addressed the basis for an Article 62 attachment ((Attachment Premised Upon a Foreign Confession of Judgment, Suffolk Lawyer.)) in the context of a foreign confession of judgment pursuant to CPLR 6201(5). In that scenario, by the time that New...
You are contacted by Vermont based counsel for a small business which recently entered Confessed Judgment in Vermont against a New York business for its failure to satisfy certain promissory notes. The Vermont client wants to quickly domesticate the judgment in light...
In late 2018, the First Department’s decision in Daesang Corporation v. The NutraSweet Company, 167 A.D.3d 1, 85 N.Y.S.2d 6 (1st Dep’t 2018) refused to vacate a $100 million arbitration award premised upon a purported manifest disregard of law, confirming that: ...
Welcome to the Suffolk Lawyer’s inaugural column focused on Suffolk County’s Commercial Division. Although the column will regularly address topics of particular interest to the commercial litigator, it will also be useful to the general litigator who may have...
New York courts mandate that the movant on a summary judgment motion authenticate exhibits or be subject to denial. Thus, it is prudent that counsel devote sufficient time and energy during the discovery process addressing admissibility issues as a prelude to motion...
In Due Pesci v. Sustainable (New York County Index No. 651879/10), plaintiff Due Pesci Inc. brought suit against defendants Threads for Thought, LLC (“TFT”) and Sustainable Apparel Group, LLC (“Sustainable”), asserting, inter alia, a cause of action against...