Judge Román Grants Third-Party Defendants’ Motion to Dismiss in its Entirety In Blackhawk Development, LLC v. Krusinski Co., 19-CV-5590 (NRS), 2021 WL 1225917 (S.D.N.Y. Mar. 31, 2021), the plaintiff, Blackhawk Development, LLC, brought suit against the defendant, Krusinski Construction Company (Krusinski), alleging breach of contract, breach of warranty, and negligence […]
Category: Blog: The Westchester Litigator
Working from home over the past year has motivated many of us to declutter our homes, purging outdated or unused items that “no longer serve us.” Litigators may be surprised to learn that federal courts with a similar impetus possess the power to sua sponte purge their dockets of “unused” […]
New York Business Corporation Law (BCL) § 623 establishes a procedure for minority shareholders to dissent from certain corporate transactions and obtain a fair value buy-out of their interest in the company. This is typically the dissenting shareholder’s sole and exclusive remedy, but the procedure must be followed precisely. A […]
A defendant seeking to remove a state court case to federal court based on diversity jurisdiction bears the burden of proving two things: 1) diversity of citizenship and 2) an amount in controversy exceeding $75,000. Sometimes the amount in controversy is obvious: The plaintiff’s complaint seeks damages that clearly exceed […]
To function effectively, our litigation system requires cooperation, communication, and good faith among parties and counsel. When those do not occur, the Federal Rules of Civil Procedure give the courts broad discretion to impose sanctions under Rule 37. What sanctions are appropriate when an attorney tries to comply with his […]