July 27, 2022

Many business people believe that they can pay a disputed debt and then try to later recover the payment amount in litigation. But under New York’s voluntary payment doctrine, this is often not permitted, and courts will hold that the payment—made with full knowledge of the dispute—is a waiver of the payor’s right to later seek to recover the payment amount. In this short video, Schlam Stone & Dolan co-Managing Partner Jeffrey M. Eilender discusses the ins and outs of New York’s voluntary payment doctrine.