Blog Posts in 2009

The Dram Shop Law and its restrictions against "guilty participation."

Today's New York Law Journal has a tragic case that analyzed Dram Shop's bar to plaintiffs who are drunk themselves, and to derivative plaintiff's who "procured the plaintiff's ...
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Dram Shop liability in New York: Control or Supervision Needed

Another case resolved in today's New York Law Journal tests the reach of the Dram Shop Law (General Obligations Law §11-100). This statute imposes liability against any person who knowingly ...
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Welcome to our debt collection defense blog!

We are proud to announce the launch of our website and debt collection defense blog! Find our RSS feed here: /Blog/Entire-Blog-Feed/RSS.xml
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Back to the Relation Back doctrine

The relation back doctrine enables a plainitff to correct a pleading error by adding a new claim or a new party after the statutory limitations period has expired. The plaintiff must show that 1) both ...
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Dancing around the notice-of-occurrence clause

In the context of an insurer's duty to defend and/or indemnify, New York law holds that compliance with a notice-of-occurrence provision is a condition precedent to an insurer's liability. Two ...
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Charging lien determination -- U.S. EDNY

If you want to assert a charging lien in Federal court you better present itemized fee statements or invoices at your hearing or find yourself uncompensated. Keep in mind that a charging lien only ...
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Another summary judgment nightmare

Some procedural rules you're just not aware of until you get burned. CPLR 3116 is such a rule. This rule basically states that if you don't produce proof that you forwarded a deposition ...
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A word on liquidated damages

A liquidated damage provision has its basis the the principle of just compensation for loss, states a New York Supreme Court Justice in the Gunderson case cited below. This case analyzed the issue of ...
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The 800-pound gorilla speaks

New York State's highest court, the Court of Appeals, addresses cases that have broad questions of law that affect important state-wide policy and behaviors. Referral-fee dispute in big medical ...
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Protecting your attorney fee

For lawyers, your fee is as important as the service provided. Therefore, you must understand and use the following rights: account stated, retaining liens and charging liens. Account Stated This ...
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Fail to attach the pleadings to the summary Judgment motion?

Judge Schack in Kings Supreme Court reminds the bar that such an omission warrants dismissal of the motion. An attempt to cure the deficiency by annexing a copy to your reply papers is insufficient. ...
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