A motion for summary judgment in lieu of a complaint under CPLR 3213 is a powerful tool in a New York litigator’s arsenal. Clients seeking to recover on a promissory note or similar instrument “for the payment of money only” can bypass expensive, time-consuming pleading and discovery stages and file a motion […]
Category: Blog: The Westchester Litigator
As litigators, we not only represent our clients in court, we counsel them on litigation risk mitigation. In that capacity, we are often asked to review proposed commercial contracts for potential pitfalls from a litigator’s perspective. It can be difficult to convince clients of the importance of well-drafted provisions on […]
Filing for bankruptcy often brings pending litigation to a screeching halt as supreme and district court judges are loathed to interfere with the automatic bankruptcy stay. For a party looking to slow play litigation, bankruptcy can be a boon, but in multi-party litigation you are trying to advance, it can […]
The doctrine of res judicata, or claim preclusion, can be a powerful defense when attempting a second bite at the proverbial apple; it precludes a litigant from rehashing a claim with the same parties that was decided on the merits in a prior proceeding. Ordinarily, res judicata even applies when a party fails […]