New York Business Litigation Lawyer Blog http://www.newyorkbusinesslitigationlawyerblog.com/ Published by Silverberg Zalantis LLP en-us 2011-12-07T09:24:21-05:00 Need Both the Mortgage and Note to Foreclose http://www.newyorkbusinesslitigationlawyerblog.com/2011/12/need_both_the_mortgage_and_not.html The Appellate Division, Second Department recently reiterated in Citibank, Inc. v. Stosel, that to have standing to commence a foreclosure action you need to be the holder or assignee of the mortgage as well and underlying note as an “assignment... Silverberg Zalantis LLP 2011-12-07T09:24:21-05:00 There Can Be No Contract – Express or Implied – When the Terms are Still Being Negotiated http://www.newyorkbusinesslitigationlawyerblog.com/2011/08/there_can_be_no_contract_expre_1.html The Appellate Division, First Department recently established that there can be no recovery on breach of contract or implied contract claims when the terms of the contract were still being negotiated. In Brennan Bee Gorman/Architects, LLP v. Cappelli Enterprises, Inc.,... Contract Silverberg Zalantis LLP 2011-08-31T17:25:32-05:00 Under New York law, when a tortuous interference claim fails so does a derivative claim of conspiracy to interfere http://www.newyorkbusinesslitigationlawyerblog.com/2011/04/under_new_york_law_when_a_tort_1.html The Appellate Division, Second Department recently established that when a claim for tortuous interference of contract fails based upon lack of factual support the derivative claim of conspiracy to interfere also must fail because under New York law the conspiracy... Contract Silverberg Zalantis LLP 2011-04-14T12:59:40-05:00 Indemnification Provision Alone Is Not Enough To Allow Recovery of Attorneys’ Fees Between Contracting Parties http://www.newyorkbusinesslitigationlawyerblog.com/2010/12/indemnification_provision_alon.html In a series of recent appellate cases, the Courts have made clear that indemnification provisions in contracts cannot be construed broadly to allow parties to the contract to recover attorneys’ fees from each other. As stated by New York’s highest... Contract Silverberg Zalantis LLP 2010-12-08T09:50:54-05:00 Education Law Requires Sensible Allocation of Costs so as Not to Burden One Particular School District http://www.newyorkbusinesslitigationlawyerblog.com/2010/08/education_law_requires_sensibl_1.html The Second Department ruled that the Garrision School District was not required to school for free non-resident children living in a private child care facility. Board of Education of the Garrison Union Free School District v. Greek Archdiocese of St.... Education Law Silverberg Zalantis LLP 2010-08-13T13:04:15-05:00 Additional Insured Entitled To Defense and Indemnification http://www.newyorkbusinesslitigationlawyerblog.com/2010/06/additional_insured_entitled_to_1.html Noting that it was “once again asked to determine the obligation of an insurer to defend and indemnify,” New York highest court ruled that an additional insured was entitled to defense and indemnification. In Regal Constr. Corp. v. National Union... Contract Silverberg Zalantis LLP 2010-06-17T10:32:35-05:00 District Court May Make a Determination as to “Substantial Similarly” on a Rule 12(b)(6) Motion to Dismiss in a Copyright Infringement Action http://www.newyorkbusinesslitigationlawyerblog.com/2010/04/district_court_may_make_a_dete_1.html In a matter of first impression, the United States Court of Appeals for the Second Circuit ruled that where a Court has before it the two works in question in a copyright infringement action, a Court could rule on the... Copyright Infringement Silverberg Zalantis LLP 2010-04-27T15:15:21-05:00 Commercial Tenant Not Entitled to the Benefit of Exemptions and Abatements Paid to Eligible Tenant-Shareholders http://www.newyorkbusinesslitigationlawyerblog.com/2010/03/commercial_tenant_not_entitled_1.html New York’s highest court has ruled that the tax benefit program’s exemptions and abatements did not extend to the cooperative’s commercial tenant. In Barnan Assoc. v. 196 Owners Corp., the commercial-tenant Barnan Associates entered into a lease in 1979 with... Real Estate Litigation Silverberg Zalantis LLP 2010-03-25T12:56:28-05:00 Law Firm Violated Fair Debt Act by Starting Lawsuit During 30-Day Validation Period http://www.newyorkbusinesslitigationlawyerblog.com/2010/01/law_firm_violated_fair_debt_ac_1.html The United States Court of Appeals for the Second Circuit ruled that that a law-firm (and the individual attorneys) violated the Fair Debt Collection Practices Act (“FDCPA”) by starting a lawsuit to collect a debt during the 30-day validation period... Debt Collection Practices Silverberg Zalantis LLP 2010-01-14T11:07:21-05:00 No Implied Contract Requiring Payment of a Placement Fee http://www.newyorkbusinesslitigationlawyerblog.com/2010/01/no_implied_contract_requiring_1.html The Appellate Division Second Department has ruled that there was not sufficient “assent” to require a law firm to pay a recruiting firm’s fee when the resume was sent to a partner in the firm’s New York office, but the candidate was independently interviewed and hired by the firm’s Washington D.C. office. Contract Silverberg Zalantis LLP 2010-01-04T10:36:47-05:00