One of the most aggressively litigated issues in arbitration law is the scope of the Federal Arbitration Act (“FAA”). A particularly hot button topic is the construction of Section 1 of the FAA, aka the transportation worker exception, which excludes “contracts of employment of seamen, railroad employees, or any other […]
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 […]