It has been said that a good settlement is one where both sides walk away equally unhappy. In a corporate dissolution proceeding involving several hundred acres of land, both sides went to trial after years of litigation despite numerous attempts…
The death of a party divests the court of jurisdiction and stays the proceedings until…
In Lee v Leeds, Morelli & Brown, P.C., 233 AD3d 1072, 1075-76 [2d Dept 2024], the court held that: “The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant…
Court affirmed the denial of the law firm’s motion to dismiss
In Berger v Lewis Johs Avallone Aviles, LLP, 232 AD3d 840, 841-42 [2d Dept 2024], the court affirmed the denial of the law firm’s motion to dismiss the client’s malpractice lawsuit, holding: “To succeed on a motion to dismiss based upon…
Not So…Quick on the Trigger – Interest awarded from the “earliest ascertainable date”
A home improvement contractor sued a homeowner for breach of contract. The plaintiff-contractor alleged that it agreed to perform renovation and construction services for the defendant-homeowner, performed the labor and furnished all materials, and was not paid for the job.…
Super Lawyers: 10th year for Richard Klass
We are pleased to announce that Richard Klass has been selected to the 2024 New York Metro Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research…
