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February 10, 2023 Lack of Jurisdiction, Rulings Concerning ‘Crime of Violence’ Written by: Samuel L. Butt,
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Rachel P. Kovner granted a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act (APA). Read More
January 13, 2023 Warrant Execution, Vaccine Mandate, Restitution Obligation Written by: Thomas A. Kissane, John Moore
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Edward R. Korman granted a defendant’s motion to suppress his confession. Read More
January 9, 2023 Proof of Borrower's Bankruptcy Filing Permitted on Motion for Summary Judgment in Lieu of Complaint Against Guarantor
On December 29, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in ATX Braker LLC v. Paul, 2022 N.Y. Slip Op. 34427(U), granting a lender's motion for summary judgment in lieu of complaint on a guaranty that was triggered when the borrower filed for bankruptcy, explaining: Read More
December 9, 2022 Sentence Reductions, Suppression Motion, Special Liquor Permit Written by: Richard H. Dolan, Harvey M. Stone
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Read More
November 10, 2022 Securities Act Claims, Vehicle Seizures, Plea Waiver Written by: Richard H. Dolan, Harvey M. Stone
This column reports on several significant representative decisions handed down recently in the U.S.… Read More
October 14, 2022 Pre-Trial Motions, Failure To State Claims, ‘No Surprises Act’ Challenge Written by: Harvey M. Stone, Richard H. Dolan
This column reports on several recent and significant representative decisions by the U.S. District … Read More
August 12, 2022 Anonymous Jury, Lack of Standing, 'Give Up' Transaction Written by: Harvey M. Stone, Richard H. Dolan
This column reports on several recent and significant representative decisions by the U.S. District … Read More
June 10, 2022 COVID Release and Motion to Vacate Denied, Permission to Amend Reversed Written by: Harvey M. Stone, Richard H. Dolan
This column reports on several recent and significant representative decisions by the U.S. District Court for the Eastern District of New York. Read More
December 3, 2020 Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More
March 10, 2018 Court Denies Stay Despite Necessary Party Being Bankrupt
On February 6, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 14, 2017 Client Q&A: A Customer That Went Bankrupt Is Suing to Recover Payments It Made to Me; What Can I Do?
A customer that went bankrupt is suing to recover payments it made to me. What can I do? By John M.… Read More
October 31, 2016 In Pari Delicto Defense Can Be Asserted Against Bankruptcy Trustee
On October 18, 2016, the First Department issued a decision in New Greenwich Litigation Trustee, LLC… Read More
June 12, 2016 State Court Can Determine Dischargeability of Debt Not Scheduled in Bankruptcy Case
On May 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Gl… Read More
June 10, 2016 State Court Has Power to Extend Bankruptcy Stay to Non-Bankrupt Party
On May 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in Deuts… Read More
May 17, 2016 Client Q&A: The Person Who Cheated Me Just Filed For Bankruptcy. Is This Legal? What Can I Do?
The Person Who Cheated Me Just Filed For Bankruptcy. Is This Legal? What Can I Do? By Niall D. O  Read More
July 13, 2015 Client Q & A: One of my customers just went bankrupt. Does that mean it does not have to pay off its account?
One of my customers just went bankrupt. Does that mean it does not have to pay off its account? By … Read More
November 30, 2014 Court Declines to Stay Action in Favor of Pending Bankruptcy
On November 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More