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Recent Posts in Claim Preclusion Category

SUED TOO EARLY?

Edward and Elizabeth Early were sued by Pericles Tsapogas in Queens County Civil Court. But because he asserted the same claim against the couple in a previously filed Supreme Court suit, his Civil ...
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SLOPPY SECONDS

When Douglas Elliman tried to recover a brokerage commission, the Kings County Supreme Court thought that the claim couldn't be heard because the company should have raised the issue in a prior ...
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MIKE'S STATE OF THE CITY: 2012

MAYOR BLOOMBERG DELIVERS 2012 STATE OF THE CITY ADDRESS - NYC: CAPITAL OF INNOVATION The following is the text of Mayor Michael R. Bloomberg's 2012 State of the City address as prepared for delivery ...
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GILLIBRAND IS SUPREMELY DISPLEASED

Gillibrand Statement On Supreme Court Decision to Overturn Wal-Mart Ruling U.S. Senator Kirsten Gillibrand (D-NY) released the following statement in response to the U.S. Supreme Court's decision ...
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JAMES BOND: LICENSE TO SUE

In Sultan v. Connery, New York County Supreme Court Justice Marcy Friedman addressed an array of claims that had been filed against Sean Connery (of James Bond fame), his family, lawyers, and ...
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ALL THIS OVER AN EASEMENT?

In Wilkie v. Robbins, the U.S. Supreme Court held that a rancher harassed by the Bureau of Land Management (BLM) could not seek recompense by way of a Racketeer Influenced and Corrupt Organizations ...
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WILL CHANGE TO ADVERSE POSSESSION LAW MAKE A DIFFERENCE?

Our friends Upstate have been keeping us posted on their efforts to secure changes to the law of "adverse possession." And, it appears that they may have achieved some measure of success. ...
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MAKE SURE YOU SUE THE RIGHT PEOPLE, PLEASE

Steven L. Ploski, doing business as Bellwether Company, sued Harry Langer and H. L. Langer & Company, Inc., for their failure to pay for Ploski's services. There were a couple of problems with ...
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MERCHANTS SUBJECT TO 4 YEAR STATUTE FOR BREACH

In Wuhu Import & Export Corp. v. Capstone Capital, LLC, a container of men's apparel shipped to the United States went unclaimed by the buyer due to the lack of financing. Capstone later agreed to ...
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SUING NEW YORK STATE AIN'T EASY

If you think landlord-tenant cases are wacky, try bringing a lawsuit against the State of New York. Kolnacki v. State of New York, a recent decision issued by the New York State Court of Appeals, ...
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DON'T GET NICKED BY SCHICK!

Are you looking to avoid painful nicks and bumps?* Then you better read the case of W 54-7 LLC v Schick. Prior to Schick, landlords were able to argue that any defects in a predicate notice -- ...
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CLAIM PRECLUSION IN A SUMMARY PROCEEDING? YOU BETCHA!

Wendnew LLC, was sued by its landlord -- The Gallery at Fulton Street, LLC -- for monetary damages arising from Wendnew's breach of its commercial lease. Within the context of a New York County ...
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DON'T BE SUED BY NOBODY

Anybody can sue you for anything, particularly if you let them. And, according to a recent appellate case, you can even be sued by a company that no longer exists. In Security Pacific National Bank v. ...
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EVEN THE CIVIL COURT HAS ITS LIMITS

The powers of New York's various courts are defined by statute and our state's Constitution. And, in some instances, this authority is severely limited or circumscribed. By way of example, a litigant ...
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TAKING A BITE OUT OF THE BIG APPLE

Few appreciate the technical hurdles that await those who wish to sue a municipality like the City of New York (or one of its related entities). Before a lawsuit may be brought, the party seeking to ...
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TENANT ALLOWED TO CHALLENGE HPD'S DECISION IN HOUSING COURT

Once an administrative agency issues a determination, a party will usually have an opportunity to appeal that decision by way of an internal review process. Once those steps have been exhausted, if ...
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HOW LONG HAVE YOU GOT?

Normally, we don't know when our time is up. But, the law does afford us some degree of certainty. When someone is injured in an accident or otherwise suffers damage or loss, there is a limited period ...
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