Following a public comment period, the Chief Administrative Judge of the New York courts recently issued Administrative Order 270/2020 implementing substantial changes to general civil practice in New York Supreme Court. The rule changes go into effect on February 1, 2021. The new rules, almost 30 in total, adopt many […]
New York state practitioners often view motions for default judgment against non-appearing defendants as a slam dunk. After all, the Second Department standard for granting default judgment is extremely liberal – a “defaulting defendant admits all traversable allegations in the complaint, including the basic issue of liability, and [] the […]
Clients are often surprised to learn that in New York if one receives a bill or invoice of any kind and fails to challenge it within a reasonable period of time, the client may be liable for the outstanding balance under an “account stated” theory. Traditionally, this kind of claim […]
Lawyers often rely on forms and templates to speed up the time spent drafting legal documents. While using forms can save clients’ money and likely ensure the language used has been vetted and approved by the firm and its colleagues, it also can create a false sense of security that […]
Contractual forum selection clauses are a must-have in any litigation-focused review. In drafting these clauses, clients are well advised to select dispute resolution forums that are both convenient and well suited for the level of complexity attendant to their contracts and business relationships. A key question to consider when deciding […]