Brendan J Derr

Brendan J Derr

June 06, 2023 | New York Law Journal

CPLR 3213 Motions for Summary Judgment in Lieu of Complaint: An Update

Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.

By Gary M. Rosenberg, Alexander Lycoyannis and Brendan J. Derr

7 minute read

March 25, 2022 | New York Law Journal

Need To Protect Your Neighbor's Property? It's Going To Cost You.

On February 15th, the First Department issued a decision in 'In the Matter of Panasia Estate v. 29 West 19 Condominium', which confirmed that, although not expressly stated, RPAPL §881 authorizes courts to award license fees, attorney fees, or engineering or other design professional fees.

By Jason R. Davidson and Brendan J. Derr

7 minute read