On March 27, 2025, Empire State Development, New York State's chief economic development agency, announced the launch of the Long Island Forward Housing Program (LIFHP), a $10 million initiative designed...

Amid the hustle and bustle of the holiday season, and gearing up for the new year, the Commercial Division Advisory Council (the "Advisory Council")...

There’s a simple truth in Delaware entity law: LLCs and corporations operate on fundamentally different philosophies. Nowhere is that contrast sharper than when it comes...

Fiduciary duty claims between closely-held business owners are commonplace in litigation before the Commercial Division.

On April 23, 2025, Matt Donovan and Viktoriya Liberchuk moderated a panel featuring Westchester Commercial Division Justices Linda S. Jamieson...

The enforceability of non-compete agreements remains an active issue in New York courts, and a recent Queens County Commercial Division case...

For founders and executives at venture-backed startups, equity is often the centerpiece of compensation – and the primary driver of long-term wealth.

I think it's fair to say that Commercial Division judges have little time for discovery disputes. If one peruses the individual practice rules of many of the ComDiv judges...

CPLR 3213 offers a faster path to judgment for claims based on instruments for payment of money, but strict adherence to procedural requirements—especially proper service—is essential. Two recent Commercial Division decisions illustrate how service defects can end a case before reaching the merits, while proper service allows courts to grant expedited relief.

Last fall, I blogged about the challenges of overturning an arbitrator’s award (check out that post here). That case illustrated the difficulties of vacating an award based on a purported erroneous ruling of law.

A recent New York Court of Appeals decision demonstrates the strict consequences of failing to file a timely notice of claim under CPLR 9802 when pursuing contractual claims against incorporated villages. The case examines whether a village can assert this statutory defense after engaging in extensive litigation, and explores the narrow circumstances under which equitable estoppel might prevent enforcement of the notice requirement.

Arbitration can be an attractive alternative to the courtroom for any number of reasons. But practitioners should know that arbitration is not the courtroom...

Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once a default...

In an ideal scenario for any property owner or developer looking to build on Long Island, all aspects of a new development project will comply with the applicable provisions of a municipality's zoning ordinance

In the Dodd-Frank Act passed last year, Congress required that an individual’s primary residence be excluded from the $1million net worth test for accredited investor status.

Buying or selling a business is an exciting experience, and potentially lucrative opportunity for all parties.

The business judgment rule is a common-law principle that generally prohibits courts from questioning the propriety of actions taken by corporate directors and officers...

The Internal Revenue Code permits a surviving spouse to utilize or "port" the deceased spousal unused exclusion ("DSUE") if: (1) the executor of the estate of the deceased spouse files...

As many practitioners are aware, the litigation process in New York often feels like a tortoise race, with many cases taking years to resolve.

It's a fact that the great majority of multi-owner, closely held business entities are run by working owners. In many if not most instances the working owners realize the financial benefits...