Latest Posts
The more that you read, the more things you will know. The more that you learn, the more places you’ll go. —Dr. Seuss
Negotiating Liquidated Damages In License Agreements
A liquidated damages provision is a powerful tool in a construction license agreement. But how do you make sure your liquidated damages are not construed as an unenforceable penalty?
New York Allows Limited Scope Representation
New York Courts have joined the growing ranks of jurisdictions explicitly permitting limited scope representation in civil litigation. On Friday, Governor Kathy Hochul signed Senate Bill S6807, officially amending CPLR §321 to set forth the procedure for limited scope representation.
How to Vacate a Default Judgment
A default judgment can be entered when a defendant fails to answer a summons, which is required to be served upon the defendant in a manner expected to make them aware of the lawsuit. Defaults happen for many reasons: neglect on the part of the defendant, improper service by the plaintiff, and law firm failure. But what remedies does the law provide when you discover that a default judgment has been entered against you?
New York Preempts Local Zombie Home Ordinances
On November 21, 2022 Governor Kathy Hochul signed Assembly Bill A3081 into law. The new law specifically preempts local laws, ordinances or resolutions that allow or require the registration of residential mortgages in default prior to the filing of a lis pendens in a court of competent jurisdiction. But why was this law needed in the first place?
Unlimited Indemnities Do Not Award Attorney’s Fees
To the layman, a contract’s unlimited and unrestricted indemnity from the other party would appear to cover all out-of-pocket costs incurred due to the actions, or inactions, of the other party – including attorney’s fees in disputes between the parties. However, the diligent practitioner will know that fee shifting provisions require exacting specificity to accomplish their client’s goal.
Lenders – Does Your Mortgage Have This Critical Protection?
In this back and forth foreclosure litigation, a critical provision in the lender’s mortgage let them inflict pain upon the borrower despite dismissal of the complaint and expiration of the statute of limitations.
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