Blogs

Daily Archives: Tuesday, February 12, 2019

Posted: February 12, 2019

Third-Party Complaint Improper When Third-Party Defendants Not Liable for all or Part of Plaintiff’s Claims Against Defendant

On December 12, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Rubinoff v Yunatanov, 2018 NY Slip Op. 33482(U),dismissing a third-party complaint because the third-party defendants were not allged to be liable for all or pat of the plaintiff’s claims against the defendant, explaining: The plaintiffs began the instant action... Read more »

Posted: February 12, 2019

Client Q&A: I’m Getting Sued for Breach of Contract. The Defense Costs Are Almost as Bad as the Suit Itself. Can I Force the Plaintiff to Pay My Attorneys’ Fees if I Win?

By Joshua Wurtzel For many businesses, the cost of defending against a lawsuit—even one that has little chance of success—can be harrowing. And defending against a breach of contract claim can be especially expensive—since insurance often doesn’t cover contract claims, contract (unlike fraud) claims don’t require a plaintiff to plead its claim with particularity, and... Read more »

Posted: February 12, 2019

Conspiracy to Breach Fiduciary Duty Claim Properly Dismissed for Failure to Allege Facts Relating to Acts in Support of Conspiracy

On February 1, 2019, the Fourth Department issued a decision in Cohen & Lombardo, P.C. v. Connors, 2019 NY Slip Op. 00755, dismissing a conspiracy to breach a fiduciary duty claim for failure to allege facts relating to acts in support of the conspiracy, explaining: [T]he court properly granted that part of the motion dismissing each of... Read more »