Pleading Fraud with Specificity

According to New York Civil Practice Law and Rules section 3016(b), in a fraud cause of action in a complaint, “the circumstances constituting the wrong shall be stated in detail”.  Contrast this with the standard for a libel or slander pleading in 3016(a): ” the particular words complained of shall be set forth in the complaint”. Lawyers might be excused for thinking...

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Frozen Bank Accounts and Restraining Notices

Frozen Bank Accounts and Restraining Notices

An unpleasant but common experience: an old judgment against you comes back to haunt you. Possibly you didn’t even know it existed: the complaint may have been served in the wrong place and you never got a copy, or the opposing party may even have filed a false affidavit claiming you were served (known as “sewer service”). The first way many of us find out that an old judgment...

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To Sue or Not to Sue – Evaluating Small Business Litigation

To Sue or Not to Sue – Evaluating Small Business Litigation

The small business owner considering litigation, or being sued, should at the outset take what I refer to as a “metaphysical” overview of the problem. The two constants of litigation are that it is time-consuming, expensive and the outcome is uncertain (any lawyer who guarantees you will win a case is exaggerating or inexperienced). A civil law suit can easily take over a year and has to go...

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