From the category archives:

Litigation

How are goods delivered if someone else has possession of them?

It is not unusual where you may be pur­chas­ing goods that a third party has pos­ses­sion of, such as a ware­house or a bailee.  In such an instance, you should be clear in the con­tract where the deliv­ery should be made. Under the UCC, which cov­ers the sale of goods, if the con­tract is one for […]

Attachment of Property in New York — Provisional Remedies

The attach­ment of prop­erty is a strong weapon when used prop­erly in New York. A busi­ness­man who is hav­ing finan­cial prob­lems decides not to pay for goods that he pur­chased.  If your com­pany is the cred­i­tor, it could take years before he will have to pay. At that time, the funds could be depleted.  One […]

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How long do I have to sue? The New York Statue of Limitations

Cen­turies ago, there was no fixed time start a law­suit.  The Statute of Lim­i­ta­tions was enacted to pro­tect defen­dants against defend­ing old law­suits after a rea­son­able time has passed.  The law has spe­cific pro­vi­sions that pre­scribe how long a plain­tiff has before start­ing a law­suit. If you fail to com­mence your law­suit within the statute […]

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Your small business is a party to a New York Civil Litigation lawsuit. How can you protect yourself?

You are sit­ting in your office on the busiest day of the year, and just when you think noth­ing else could go wrong, a per­son walks in and utters the fate­ful words “You’ve been served”, while hand­ing you a stack of papers.   Your busi­ness is a party to a New York civil lit­i­ga­tion lawsuit. […]

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Do you have a Default Judgment against you in NY? It may be void.

The New York Attor­ney Gen­eral announced today that they are suing 35 law firms for improper ser­vice of default judg­ments. A party obtains a default judg­ment when the defen­dant does not appear in a law­suit. Amer­i­can Legal Ser­vice, a process server located in Long Island has been named by the Attor­ney Gen­eral as pro­vid­ing improper […]

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