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August 19, 2024 | New York Law Journal

Reviewability of Interlocutory Orders on Appeal From a Final Judgment: Navigating the Shoals

Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."
8 minute read
July 09, 2024 | New York Law Journal

Trends in Litigation, Part 3: Oral Contracts and Quasi-Contracts

Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.
6 minute read
Appellate Division First Department:May 13, 2024
Publication Date: 2024-05-13
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:May 9, 2024

May 07, 2024 | New York Law Journal

Trends in Real Estate Litigation, Part 2: Good Guy Guaranties

In this second article in her four-part series examining how litigation can shape the evolution of best practices in the real estate industry, Adrienne Koch discusses a common feature of many commercial lease transactions: the so-called "good guy guaranty."
7 minute read
Appellate Division, First Department: March 11, 2024
Publication Date: 2024-03-11
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:March 7, 2024

February 27, 2024 | New York Law Journal

Attorneys 'On the Move': MoFo Adds Restructuring Partner; Capital Markets Partner Joins Hogan Lovells

Also in the latest moves, Joo Kim has joined DLA Piper from Cadwalader and Naheem Harris has joined Akerman from Vinson & Elkins.
4 minute read
February 20, 2024 | New York Law Journal

Trends In Real Estate Litigation, Part 1: Statutes of Limitations

This four-part series will examine how litigation impacts various aspects of practice in the real estate industry. It will also explore how even well-informed parties (and their counsel) frequently trip up by not anticipating how New York's courts will apply the law in their situation. This first article in the series will discuss some of the hazards of statutes of limitations, which have an appearance of simplicity that can be deceptive.
7 minute read
December 19, 2023 | New York Law Journal

Remedies in Real Estate Transactions, Part 4: Damage Limitations

In this last article of her four-part series, Adrienne Koch discusses two types of provisions parties use to limit actual damages— waivers of consequential damages, and waivers of the right to seek money damages altogether.
6 minute read
December 18, 2023 | New York Law Journal

Attorney Affirmations, Beware!

A New York State statute goes into effect Jan. 1 which will allow the use of affirmations rather than sworn affidavits in civil litigation. This article discusses the statute, along with the apparently unintended effect of changing the necessary form of affirmations.
8 minute read
Appellate Division, First Department: November 30, 2023
Publication Date: 2023-11-30
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on: November 28, 2023

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