When a party brings an action against a foreign corporation (i.e., a corporation organized in another country or state), there will be a choice of law issue for the court. Any time a lawsuit implicates the substantive laws of more than one jurisdiction, a court must determine which jurisdiction’s law is most appropriate to resolve … Read more
When someone else’s conduct negatively impacts the use and enjoyment of your property, you may have a claim for nuisance. There are two types of nuisance actions: public nuisance and private nuisance. Each has its own requirements to establish a valid claim which varies significantly. A private nuisance action is a suit by an individual … Read more
Before a party can sue in court for anything, he or she must have the standing to bring the lawsuit. To establish standing, a party must demonstrate a sufficient personal connection to and harm from the law or action challenged to support that party’s participation in the case. Essentially, courts want to know that a … Read more
When multiple parties may be responsible for an injury to a plaintiff, a common issue is apportioning liability among the parties. Typically, the evidence is presented to establish each party’s relative percentage of responsibility for causing the injury. However, this can be complicated when one of the responsible parties is judgment proof. A party may … Read more
In certain types of cases, a party may be able to sue in either state or federal court. That is because both courts may have “subject matter jurisdiction” over the case. There are requirements for suing in federal court. Subject matter jurisdiction refers to the requirement that a given court has the power to hear … Read more
Generally, courts will respect and enforce the terms of a contract. However, one exception to that rule involves situations where one party was coerced into signing a contract by the other party. Economic duress occurs when one side threatens to breach the agreement if the other party doesn’t accept the new terms. When it occurs, … Read more
If you plan to object to services of process in New York, you need to make sure you do it in a timely and proper manner. This blog post will teach you how
New York City (and various other counties throughout the State) now impose a requirement that all contractors doing home improvements must have licenses issued by the municipality where the work is to be performed. Indeed, in 2006, the NYC Administrative Code added Title 20, Chapter 2, Subchapter 22 which addresses home improvements and sets out … Read more
Litigation can be a slow process and may continue for years before its resolution. What happens if a party to litigation passes away while it is ongoing? If you are involved in a lawsuit and the other party dies or if you are the estate representative of the person who passed away, there are several … Read more
When a party sues to stop construction in New York State, it is long settled law that at some point the litigation becomes moot because of how long the construction has continued. Essentially, a court is no longer able to render a decision that would “effectively determine an actual controversy.” When the construction progresses to … Read more