Pleading Fraud with Specificity

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According to New York Civil Practice Law and Rules section 3016(b), in a fraud cause of action in a complaint, "the circumstances constituting the wrong shall be stated in detail".  Contrast this with the standard for a libel or slander pleading…

Frozen Bank Accounts and Restraining Notices

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An unpleasant but common experience: an old judgment against you comes back to haunt you. Possibly you didn't even know it existed: the complaint may have been served in the wrong place and you never got a copy, or the opposing party may even…

When it Smacks, it Cracks – Your Limitation of Liability Clause, That Is

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I am sure you have seen this or a similar contract clause before:   "The Company's liability for damages,  including incidental or consequential damages, is limited to the total compensation paid to the Company by Customer"  In…

Lack of Shareholder Agreement leaves Dentist’s widow empty handed

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As New York Business Divorce reports today, the lack of a shareholder agreement caused a New York widow of a dentist, who was practicing dentistry in a professional corporation, to be left with nothing.   Despite the fact that the deceased…