By ALM Staff | August 5, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
By Jane Wester | July 22, 2021
Kossoff has been accused of stealing millions of dollars he was supposed to hold in escrow for clients, which led to an ongoing investigation by the Manhattan District Attorney's Office and several civil lawsuits.
New York Law Journal | Analysis
By Alexander H. Shapiro | July 9, 2021
The multiplicity of judicial opinion-making across concurrent federal and state jurisdictions can sometimes lead to divergent "paths" and the law of fraudulent conveyances, codified in the New York Debtor and Creditor Law (DCL), offers a striking example of just such judicial cross-currents. This article focuses on the state of the law under the old DCL.
By Richard Bernard, Scott Gautier and Vince Slusher | June 4, 2021
If the Venue Acts are adopted into law, limitations on venue choices may restrict the use of Chapter 11 as an effective resource for corporate debtors, depending on the precedent in the circuit of their principal place of business, on issues that may be critical to their reorganization efforts.
By David A. Pisciotta and Alissa K. Piccione | June 4, 2021
Though practitioners may understandably believe that they can rely on receipts from the clerk's office or a filing service as proof that the client's lien was perfected, this may not be sufficient if the clerk's office makes an error.
By George Howard and Lawrence Elbaum | June 4, 2021
Activists likely will continue seeking ways to preserve their investments and influence the Chapter 11 process, while debtors likely will continue seeking ways to prevent shareholder interference when equity is perceived to be out of the money.
New York Law Journal | Analysis
By Barbara M. Goodstein | June 2, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses '111 West 57th Inv. LLC v. 111 W57 Mezz Inv'r LLC', an Appellate Division ruling that is interesting for its interpretation as to the persons entitled to notice of and a right to object to a strict foreclosure under §§9-620 and 9-621. The case is also an important reminder to secured parties not to focus solely on the literal requirements of the Article 9 rules for strict foreclosure, but to keep in view the broader principles of the UCC.
New York Law Journal | Commentary
By Adam M. Swanson and Jessie D. Bonaros | May 14, 2021
When viewed in its proper context, tolling prejudgment interest is contrary to the plain language of CPLR 5001(a), legislative intent and Court of Appeals precedent.
New York Law Journal | Analysis
By Morgan R. McCord | April 21, 2021
The court answered the open questions of (1) what evidentiary showing a borrower must make to rebut a lender's proof of a standard office procedure to establish compliance with RPAPL 1304's notice requirement, and (2) whether lenders must provide information for all borrowers in RPAPL 1306 proof of filing statements.
New York Law Journal | Expert Opinion
By Todd Soloway and Michael Levison | April 13, 2021
The raft of litigation arising out of pandemic-induced foreclosure actions and diligence-intensive distressed deals are causing lenders and borrowers alike to carefully scrutinize their loan documentation. Methods of enforcement and potential defenses are critical.
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