Commercial Litigation Archives – Falcon Rappaport & Berkman PLLC

Motion to Dismiss Denied in Hermès’ Case Against ‘MetaBirkins’ Artist

Last month, we published an article on the rise of NFT lawsuits including cases with issues of trademark infringement such as Hermès v. Rothschild. A recent Order further exemplifies how NFT litigation will be reviewed by federal courts.

New York Now Recognizes a New Exception to the Hearsay Rule

Commercial Litigation
January 31, 2022
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As of January 2022, New York will adopt a new provision to the Civil Practice Law and Rules, CPLR §4549, which expands the admissibility of statements made by a party’s agent or employee.

New Law Requires Insurance Disclosure in Litigation

On December 31, 2021, Governor Kathy Hochul signed into law New York State Senate Bill S7052. Senate Bill S7052 amends New York’s Civil Practice Law and Rules (“CPLR”) as it relates to insurance disclosures.

Income Executions to Satisfy a Money Judgment

In New York, an income execution is another manner of enforcing a money judgment. This article is an overview of N.Y. CPLR 5231.

Uniform Partition of Heirs Property Act Partition by Sale in New York State

Pursuant to the UPHPA, under any action to partition real property, a court is now required to determine whether the property is “heirs property,” as defined by the UPHPA. If the court determines that the property is heirs property, then a court shall partition the property in accordance with the UPHPA.

The Basics of the Uniform Partition of Heirs Property Act in New York

The law concerning partitioning a property in New York changed as of December 2019 when New York enacted the Uniform Partition of Heirs Property Act (“UPHPA”). The UPHPA seeks to protect owners who have recently inherited real property from an estate. It does so by mandating a settlement conference before any heirs property can be partitioned, and requires that the parties to that conference act in good faith.

Determination of Market Value Under the Uniform Partition of Heirs Property Act

One of the most important aspects of the Uniform Partition of Heirs Property Act (the “The UPHPA”) is the determination of the value of the property at issue. Often, issues arise between the parties to the action because they do not know the value of the property. To remedy this issue and provide a fair and equitable solution to the parties, the UPHPA provides flexibility in determining a value.

Falcon Rappaport & Berkman PLLC Wins Appeal from Fee-Shifting Order in New York State Court Discovery Dispute

Residential Evictions in New York in the Time of COVID-19

The onset of COVID-19 in New York has created impossible financial situations for tenants, and resultingly, for landlords, many of whom are themselves family owned businesses with tight financial concerns and obligations of their own. Despite a landlord or tenant’s best efforts, it is inevitable that a landlord may need to remove a tenant from their rental property. In this article, we evaluate the pros and cons of different approach in the residential context of New York both under normal conditions and considering the special circumstances presented by COVID-19, including the increasing benefits of turning to “Cash for Keys.”

Responses to the Pending Surge in New York Eviction Matters

In anticipation of an impending torrent of eviction matters in New York resulting from the COVID-19 pandemic and the hardships it has imposed on tenants and landlords, NY Courts and lawmakers have sought temporary solutions to forestall a potential housing crisis.