Adrienne B Koch

November 16, 2020 | New York Law Journal

Courts are quick to dismiss except under certain circumstances.

By Adrienne B. Koch

8 minute read

August 21, 2020 | New York Law Journal

While appellate counsel generally may not stray far from the arguments that were advanced below, there may be a lane for a new argument if it can be pitched in a way that fits within an exception to that general rule.

By Adrienne B. Koch

8 minute read

June 26, 2020 | New York Law Journal

The rule seems simple enough: summary judgment motions should be properly supported. But it also stands as a signal of caution. If the court erroneously grants summary judgment where the moving party has not met its burden, the moving party may ironically be worse off than if the motion had been denied in the first place. This article explores why that is the case and what litigants and their counsel must do to prevent it.

By Adrienne B. Koch

7 minute read

June 19, 2020 | New York Law Journal

In litigation over a commercial tenant's rent obligations where a Yellowstone injunction is involved, much will depend upon the nature of the underlying dispute—and, in particular, the reasons why the tenant is not paying. Case law shows why.

By Adrienne B. Koch

8 minute read

November 08, 2019 | New York Law Journal

A party that receives an invoice and holds it without dispute does so at its peril: Absent an objection within a reasonable time, the recipient can become liable for the entire amount of the invoice based on an account stated. There are, however, limits to this principle that are often overlooked, to the confusion of both litigators and their clients. This article explores those limits.

By Adrienne B. Koch

7 minute read

August 16, 2019 | New York Law Journal

Under the right circumstances, there are three potential paths to further review—though success is rare and there are many considerations to take into account. This article explores their interplay.

By Adrienne B. Koch

8 minute read

June 21, 2019 | New York Law Journal

The choice of forum is a weighty decision that should be very carefully considered. In some cases, it may make a real difference.

By Adrienne B. Koch

8 minute read

May 15, 2019 | New York Law Journal

With New York's rent regulations up for renewal in June, there are several bills in the Legislature that claim to be designed to strengthen tenant protections. Two that appear to have garnered favor with the governor are one that would eliminate vacancy decontrol and another that would limit a landlord's ability to revoke a preferential rent. But might these bills be more trouble than they are worth?

By Adrienne B. Koch

8 minute read

April 05, 2019 | New York Law Journal

Are the rules about copying different in brief writing than elsewhere? To some extent, yes. But litigators should not mistake that for a license to copy freely. The accepted practices may be different, but there are limits.

By Adrienne B. Koch

8 minute read

February 21, 2019 | New York Law Journal

Practice in the Commercial Division often differs quite significantly from elsewhere in the state court system. One of these differences involves rules for expert disclosure, which are now arguably just as robust in the Commercial Division as in federal court. This, however, may have opened up a trap for the unwary: “Expert” disclosures may be required with respect to witnesses who appear to be fact witnesses if their testimony is based in part on some kind of expert knowledge.

By Adrienne B. Koch

6 minute read