Any lawsuit has to be served on the opposing party. Some defendants try to get cute and hide from the process server or otherwise attempt to prevent service. Not a good idea in the long run. They will usually get you eventually. In a recent decision by the Supreme Court, New York County (Big Yuk … Read More
A plaintiff sued various limited liability companies and the majority member of those limited liability companies and thought it was a good idea to put “notices of pendency” on the buildings owned by the limited liability companies. This, despite the fact that the plaintiff really only complained of not getting distributions from the limited liability … Read More
Easy Money or Debt Trap? Merchant Cash Advances are often the small business owner’s last resort for cashflow. When an SBA loan or any other business loan is out of reach, Merchant Cash Advance businesses are eager to give the business owner money. It only takes a couple of days, minimal paperwork, and the money … Read More
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 … Read More
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 … Read More
