One of the most frustrating experiences for a defense attorney in federal court is to have a document that could demolish a complaint, but he/she is precluded from using it on a motion to dismiss. In New York state court, where the Civil Practice Law and Rules (CPLR) offers more […]
Following a public comment period, the Chief Administrative Judge of the New York courts recently issued Administrative Order 270/2020 implementing substantial changes to general civil practice in New York Supreme Court. The rule changes go into effect on February 1, 2021. The new rules, almost 30 in total, adopt many […]
Judge Karas Grants Defendants’ Motion to Dismiss Complaint Alleging Due Process Violations under the Fourteenth Amendment In Twardosz v. Yonkers Public School District, No. 19-CV-6138 (KMK), 2020 WL 6135114 (S.D.N.Y. Oct. 19, 2020), Judge Kenneth Karas dismissed the plaintiff’s complaint alleging due process violations under the Fourteenth Amendment, as well […]
New York state practitioners often view motions for default judgment against non-appearing defendants as a slam dunk. After all, the Second Department standard for granting default judgment is extremely liberal – a “defaulting defendant admits all traversable allegations in the complaint, including the basic issue of liability, and [] the […]
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 […]