What is a Motion? Motions. A motion is an application/request to the Court to do something. For example, a motion to dismiss is asking the Court to dismiss certain causes of action because they have no legal or factual merit. For example, a motion for summary judgment is asking the Court to render a judgment […]
FAQ’s: What Happens After You Get a Favorable Decision?: Getting a Judgment and Enforcing the Judgment
Let’s assume that we file a motion in court seeking a decision in your favor because: The defendant did not respond OR The defendant did respond but all discovery is complete and there are no issues of fact OR The defendant’s defenses and claims should be dismissed Assuming we get a favorable decision on your […]
FAQ’s: What if the Other Side Doesn’t Respond to My Discovery Demands?
The general rule with respect to discovery is as follows: “Parties to civil litigations are granted broad rights to disclosure of all relevant and material matters as well as documentation that might lead to the discovery of admissible proof.” Montgomery v. Taylor, 275 A.D.2d 698, 713 N.Y.S.2d 188 (2d Dep’t 2000). The Civil Practice […]
FAQ’s: What if the Defendant Doesn’t Respond to My Lawsuit?
A lawsuit is commenced by filing and then serving a Summons and Complaint. The Defendant then has 20 days to serve an Answer (30 days if they were not personally served). But what happens if someone doesn’t Answer the Summons and Complaint? Well, in New York the applicable statute that deals with defaults is as […]
FAQ’s: The Litigation Process
LITIGATION PROCESS EXPLAINED Note: this is for educational purposes only Commencement and Pleadings. Generally, a lawsuit is commenced by filing and serving a Summons and Complaint. The Defendant must serve an Answer within 20 days if served personally or 30 days if served by any other means. Discovery Process. Discovery is the process of investigating […]
FAQ’s: Avoiding Personally Liability in a Lawsuit
PIERCING THE CORPORATE VEIL The corporate veil: the legal concept that separates an individual from the business he or she owns providing that business owner with the benefit of limited liability. It’s that mystical legal wall that stands between the business owner and third parties, protecting the business owner from being held personally liable in […]
FAQ’s: Preliminary Injunctions and Restraining Orders: CPLR 6301
Often, in the context of a partnership dispute or business divorce, clients ask me if there is a way to stop the opposition from doing something that is hurting the business or hurting the client as a co-owner of the business. Under New York law, one can “restrain” or “enjoin” a party from engaging in […]
Business-Divorce: Removing Directors from Your Corporation
In a recent dispute where I was representing the children in a family owned business against their father who was looting the business, misappropriating assets, and hiding business bank accounts, we turned to NY Business Corporation Law Section 706 as part of a strategy to aggressively take back control of the business. Business Corporation Law […]
Business-Divorce: The Messy Divorce
There are many ways a “partnership” can go awry. In the article Now You’re Buying Out Your Business Partner, I discuss a scenario where a business-separation is amicable. But the fact remains most splits, especially in the context of closely held businesses or family owned businesses, are rarely amicable. Preventing a business-separation is probably hard to do […]
FAQ’s: Vacating a Default Judgment
Many of my clients come to me after they have failed to answer the Summons and Complaint in time. They’re trying to vacate (undo) the default judgment and they’re often frantic about the consequences should they fail. I’d like to tell you that it’s a no-brainer process. It isn’t. It is usually extremely facts and […]