Many trial attorneys prepare summations before voir dire or opening statements because an effective summation will have a nexus with voir dire and opening statements such positions can be taken with the jury or judge premised upon what the admissible evidence will show. Although the summation will...
Home » News & Publications
Court Supervision of a Dissolved Corporation Pursuant to BCL 1008
Dissolution of a domestic corporation can be achieved by the shareholders on consent, via judicial Order pursuant to Business Corporation Law § 1104-a, or in accordance with Tax Law § 203-a when the New York Secretary of State effectuates a dissolution by proclamation, and annuls the corporation’s...
Strike – It’s Out!! Striking Unnecessary, Scandalous Pleadings Pursuant to CPLR 3024(b)
Partnership breakups are characterized by counsel as business divorces for a good reason – the venom that permeates some of the cases is largely unrivaled (excepting, of course, matrimonial practice). A hurdle arises when irrelevant anger is included in a pleading and counsel is compelled to...
Speed & Efficiency – The New Norm for Commercial Division Cases
With the recent adoption of new Commercial Division Rules, ((Section 202.70 of the Uniform Rules for the Supreme and County Courts (Rules of Practice for the Commercial Division).)) and several others proposed and open for public comment, practicing in the Commercial Division is likely to become...
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...
Simultaneously Viable Causes of Action for Breach of Contract and Fraud
One of the cornerstone pleading tenets of commercial practice is that a plaintiff may not pursue a fraud cause of action simultaneously with a breach of contract cause of action as the fraud cause of action, when it is premised upon the same facts and circumstances as the breach cause of action,...