In July 2000, Citibank extended a $54,000 loan to a condominium owner, with an additional $38,000 loan extended the next year. These two loans were consolidated into one loan for a total of $92,000. Some seven years later, the condominium board filed a common charges lien against the unit. In…
New York Business Litigation Lawyer Blog
Amazon resists request for Echo in connection with Arkansas slaying
While this issue is outside of our practice areas and jurisdiction, it is nonetheless noteworthy in illustrating the ever-expanding sources for where information can be found.
An Unsuccessful Lawsuit Seeking to Cancel a Contract Is Itself a Breach
A buyer of real property that sued the seller before the parties’ closing date seeking to cancel the contract, but without a valid reason, was deemed to have breached that contract. The buyer entered into a contract to buy two parcels of land in Staten Island. The contract was to…
New Science Concerning Shaken Baby Syndrome Supports Defendant’s Motion to Vacate Conviction
While we don’t have a criminal practice, this recently decided case is interesting in how science can change, impacting prior court decisions. This same concept was found regarding fire science, in prior posts found here and here. From the New York State Bar Association: The Fourth Department affirmed the grant…
Insurance Policy Does Not Cover Trademark Infringement
A supplier was found liable for selling counterfeit Fendi handbags, and after two separate lawsuits was obligated to Fendi and a retailer to whom those fake bags were sold for substantial damages. In an attempt to avoid paying those damages, the supplier turned to its insurance carrier for indemnification, based…
Cybersquatting/Domain Name Dispute Requires Proof Even on Default
This article nicely points out the folly of an insufficient showing of proof in a domain dispute proceeding, even if the respondent defaults. And worse, the claimant gets one shot—if the claim is denied there is no second chance outside of court.
Landlord’s Failure to Provide Space Compliant with Certificate of Occupancy Undermined Claim That Tenant Breached the Lease
Plaintiff as tenant entered into a five year commercial lease, commencing March 1, 2006. The lease provided that the space would be used as an office for a recruiting firm and nothing else, and would not be used in a manner that would violate the certificate of occupancy (the “CO”),…
A Surname Cannot Be Registered as a Trademark Even When it Is Not a Surname
The mark “Dickman’s” could not be registered as it was deemed a surname and ineligible for registration, despite the fact that the applicant’s last name was not Dickman. This write up provides the details, and illustrates why blindly filing a trademark registration application is not always as straightforward as it…
Bizarre Claim of Assumed Risk Rejected
During or after a divorce, the plaintiff alleged that the defendant had terminated a joint annuity account and withdrawn the money, leaving him with a $37,000 tax liability. The defendant moved for summary judgment dismissing the case, claiming that when the plaintiff agreed to enter into joint annuity contract, he…
Rabbinical Court Immune from Lawsuit
Parties fighting about the proceeds of a life insurance policy agreed to proceed before a beth din. Although the Second Department’s decision which reversed the lower court does not provide details, it seems that the losing party before the beth din was unhappy with that decision and sued the beth…