Judge Halpern Denies Town of Carmel Residents’ Motion to Intervene Judge Halpern examined the twin doctrines of permissive intervention and intervention as of right in a suit brought by a telecom company against a municipality. The Court denied a motion to intervene by town residents. It found that the proposed intervenors […]
Category: Articles
Is the legal remedy of “specific performance,” which dates back to English Common Law, a relevant approach to resolving real property disputes today, or should it be retired in favor of monetary damages? That timely question is addressed in the New York Law Journal article “Specific Performance’s ‘Land Is Unique’ […]
Attorneys serve their clients as advisors, counselors, advocates – and agents: The client, as principal, is authorized to direct the actions of the attorney, as agent, in accordance with representation. A recent Second Department decision examines the scope of that agency relationship in the context of a third-party claim that […]
CPLR 3126 provides the trial courts with broad discretion to sanction parties for failing to comply with their discovery obligations. One of the most drastic remedies is striking a party’s pleading, which requires a clear indication that a party’s failure to comply with discovery is “willful and contumacious.” Given the […]
As aggressive defense counsel, one of our first considerations when reviewing a complaint is, “Can we move to dismiss?” In an ideal scenario, the plaintiff has failed to state a claim, and a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) will dispose of the case entirely or […]