Litigation

FAQ’s: Everything You Need to Know About Motions.

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: 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 […]

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 […]