Clients are often surprised to learn that in New York if one receives a bill or invoice of any kind and fails to challenge it within a reasonable period of time, the client may be liable for the outstanding balance under an “account stated” theory. Traditionally, this kind of claim […]
Category: Blog: The Westchester Litigator
Lawyers often rely on forms and templates to speed up the time spent drafting legal documents. While using forms can save clients’ money and likely ensure the language used has been vetted and approved by the firm and its colleagues, it also can create a false sense of security that […]
Contractual forum selection clauses are a must-have in any litigation-focused review. In drafting these clauses, clients are well advised to select dispute resolution forums that are both convenient and well suited for the level of complexity attendant to their contracts and business relationships. A key question to consider when deciding […]
Sellers of goods often will include an exclusive remedy provision in their purchase agreements, which (1) limits the seller’s liability to a buyer to either repair or replace the purchased goods, or refund the purchase price, and (2) waives all other available remedies. When a dispute between a seller and […]
When embarking on litigation, a common question clients ask is: Can I recover my attorneys’ fees? Short of a contractual fee-shifting provision, the answer is almost invariably, “No.” A potentially valuable exception exists, however, in New York insurance coverage cases. The Defensive Posture Exception In New York, the “defensive posture” […]