Sellers of goods often will include an exclusive remedy provision in their purchase agreements, which (1) limits the seller’s liability to a buyer to either repair or replace the purchased goods, or refund the purchase price, and (2) waives all other available remedies. When a dispute between a seller and […]
Author: Yankwitt Law Firm
Judge Román Grants Defendant’s Motion to Dismiss Amended Complaint in Gender Discrimination and Retaliation Case In Lora v. Centralized Management Service, Inc., No. 18-cv-4253, 2020 WL 3173025 (S.D.N.Y. June 12, 2020), the plaintiff, a former executive administrative assistant, brought a gender discrimination and retaliation action against five entities she claimed were […]
When embarking on litigation, a common question clients ask is: Can I recover my attorneys’ fees? Short of a contractual fee-shifting provision, the answer is almost invariably, “No.” A potentially valuable exception exists, however, in New York insurance coverage cases. The Defensive Posture Exception In New York, the “defensive posture” […]
A motion for summary judgment in lieu of a complaint under CPLR 3213 is a powerful tool in a New York litigator’s arsenal. Clients seeking to recover on a promissory note or similar instrument “for the payment of money only” can bypass expensive, time-consuming pleading and discovery stages and file a motion […]
As litigators, we not only represent our clients in court, we counsel them on litigation risk mitigation. In that capacity, we are often asked to review proposed commercial contracts for potential pitfalls from a litigator’s perspective. It can be difficult to convince clients of the importance of well-drafted provisions on […]