Article
Business Succession Planning…Be Prepared
One of the few things I remember from being a Cub Scout is the famous slogan “Be Prepared.” As an eight-year-old, I don’t think I was 100% certain what that meant.
Farrell Fritz, P.C.
- Article
Cap Table Confidential: Should Startup Employees Get A Peek?
I'm often asked whether employees should have access to the company's cap table.Farrell Fritz, P.C. - Article
Rules Have Teeth: Discovery Motion Denied Over Noncompliance With Commercial Division Rule 14
As readers of this blog are well aware, we here at New York Commercial Division Practice repeatedly discuss decisions by the Commercial Division emphasizing strict adherence to the Commercial Division Rules.Farrell Fritz, P.C. - Article
You've Got Mail (But No Deal) — Commercial Division Denies Enforcement Of Settlement Based On Email Exchange
Manhattan Commercial Division Justice Robert R. Reed recently refused to enforce a settlement agreement purportedly reached by the parties via email...Farrell Fritz, P.C. - Article
Absent A Final Arbitration Award, An Arbitration Clause Is Not A "Get Out Of Court Free" Card Under CPLR 3211
A recent decision from Monroe County Commercial Division Justice Daniel J. Doyle in Stuver v Greenlight Parent, L.P. demonstrates that arbitration clauses cannot...Farrell Fritz, P.C. - Article
One Line Too Few: How Noncompliance With Recently Amended CPLR 2106 Undermines An Affirmation
Rule 2106 of the CPLR permits a written affirmation, made under penalty of perjury, to be submitted in place of an affidavit, carrying the same legal effect in New York civil proceedings.Farrell Fritz, P.C. - Article
You're Gonna Need A Bigger Boat: Criminal Usury Statutes Prevent Loan Sharks
Under CPLR 3213, a plaintiff can move for summary judgment in lieu of complaint which, under the right circumstances, serves as a useful tool...Farrell Fritz, P.C. - Article
Failure To File IRS Form 3520 Reasonable Cause Penalty Relief
A recent federal court decision, Huang v. United States,[1] offers important guidance for U.S. persons who have received large gifts from foreign persons, and failed to timely file Form 3520, Annual Return...Farrell Fritz, P.C. - Article
"Grandfathering" By Issuance Of Building Permits
Last month, in Cuffaro v Zoning Board of Appeals of the Village of Bellport (Index # 620453/2021), the Suffolk Supreme Court reinforced the existing and binding case law that a municipality's issuance of a building permit...Farrell Fritz, P.C. - Article
Civil RICO’s Losing Streak Continues In The Commercial Division
As noted in the title, civil RICO claims are on such a bad losing streak at the pleading stage in the Commercial Division that they’re beginning to rival the New York Mets. And that’s coming from a die-hard Mets fan.Farrell Fritz, P.C. - Article
From Hallucinations To Sanctions: Perils Of The Use Of Legal AI
A recent decision from Suffolk County Justice Linda Kevins in Cassata v Michael Macrina Architect, P.C. serves as yet another warning to practitioners concerning the risks and ethical considerations...Farrell Fritz, P.C. - Article
The City Of New Rochelle Revises Property Tax Deadlines For All Future Tax Years
At a recent legislative hearing, the New Rochelle City Council unanimously voted to revise the City's property tax assessment calendar, with changes set to take effect for the upcoming 2026 assessment cycleFarrell Fritz, P.C. - Article
Preparation Is Everything: Commercial Division Advisory Council Proposes New Model Pre-Trial Order For Trials In The Commercial Division
Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability.Farrell Fritz, P.C. - Article
No Service Shortcuts Abroad: The Limits Of Alternate Service Under CPLR 308
When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it's jurisdictional.Farrell Fritz, P.C. - Article
Who's Covered? Commercial Division To Clarify Its Role In Insurance-Coverage Cases
Consistent with the Commercial Division Advisory Council's ("Advisory Council") mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex...Farrell Fritz, P.C. - Article
Commercial Division Grants Award Of Attorneys' Fees, Despite Omnibus Objections Aimed To The Reasonableness Of Services
Lawyers practicing in the Commercial Division are keenly aware of issues related to attorneys' fee awards in commercial cases.Farrell Fritz, P.C. - Article
Empowering Long Island's Future: Nature Conservancy Supports Local Conservation Efforts
The Nature Conservancy (TNC), a global environmental nonprofit founded in 1951, is offering grants of up to $50,000 across Long Island and New York State...Farrell Fritz, P.C. - Article
Patiently Waiting For Proper Service: Commercial Division's Latest Word On Service And Default Judgment Practice
When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver's seat for a quick and early victory.Farrell Fritz, P.C. - Article
Internal Revenue Service Warns Of "Mills" Taking Advantage Of Taxpayers With Offer In Compromise ("OIC") Program
In a recent news release (available here), the Internal Revenue Service ("IRS") warned taxpayers about promoters claiming their services are needed to resolve unpaid taxes owed to the IRS.Farrell Fritz, P.C. - Article
Super-Apps, Self-Custody And Safe Harbors: SEC's New Crypto Playbook
For years, the SEC has been painted as the cop on the beat when it comes to crypto, more likely to file an enforcement action than to roll out the welcome mat.Farrell Fritz, P.C.