A litigation team led by Yankwitt LLP partner Cassandra Vogel secured the complete dismissal of a defamation lawsuit against a Westchester attorney and his law firm, along with an award of Yankwitt LLP’s fees incurred on the case. The defamation claims were based on statements made by our clients in […]
In a recent appellate decision, the Second Department reaffirmed that a commercial tenant who continues to possess the leased premises cannot withhold rent from its landlord, notwithstanding the landlord’s failure to fulfill certain obligations, unless the lease agreement specifically states otherwise. See Tolou Realty Assocs., Inc. v. Dolphin Diner Corp., […]
Commercial lease disputes often turn on the plain terms of the agreement. Thus, where courts are asked to allocate responsibilities between landlords and tenants, the first stop is to see what the lease provides. In a recent decision from the Appellate Division, Second Department, the court was asked to adjudicate […]
The New York state courts have a long tradition of permitting plaintiffs, under certain circumstances, to obtain discovery before commencing litigation pursuant to CPLR 3102(c). For the plaintiff’s bar, CPLR 3102(c) has been used to flesh out evidence in support of their complaints. However, from the defense perspective, pre-suit disclosure […]
Litigators must sometimes step into the middle of a case to replace former counsel. While this can be amicable, as when the prior law firm is not equipped to handle an upcoming trial, lawyers are sometimes called upon when the attorney-client relationship with the prior law firm has soured. In […]