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Nassau County Surrogate Dismisses Objections to Amended Interim Accounting and Denies Cross-Claim to Disallow Executor Commissions

22 May 2019

In a recent decision the Nassau County Surrogate granted summary judgment in favor of the Executor and dismissed in its entirety eleven objections to the Amended Interim Accounting. The Court found that the objections were related to ministerial issues and did not...

Southern District Dismisses Class Action Lawsuit for Failure to Plead with Particularity

01 Feb 2019

Diana Malave

The United States District Court for the Southern District of New York dismissed all six of the claims asserted against a foreign exchange liquidity provider and its principal in a class action lawsuit. The District Court dismissed the claims due to the...

Southern District Denies Defendants’ Motion to Dismiss Oral Contract

05 Oct 2018

Diana Malave

It is a core concept of the law that oral contracts are mostly unenforceable. The law demands certainty and oral agreements usually don’t fit the bill unless an exception is available. Exceptions typically require partial performance of the contract in relation to...

Class Certification in Axiom “Last Look” Class Action Denied for Lack of Predominance

18 Sep 2018

Diana Malave

There have been a plethora of actions challenging the use of “last look” in the foreign exchange market. Earlier this month, the United States District Court for the Southern District of New York denied class certification for clients of Deutsche Bank who...

Understanding the Basics Of New York’s Usury Laws

13 Sep 2018

Diana Malave

Under New York law, charging an interest rate in excess of sixteen percent (16%) on a loan or forbearance is civil usury.[1] An interest rate in excess of twenty-five percent (25%) is criminal usury.[2] There are various exemptions from the civil...

Informational Website for Places of Public Accommodation Subject to ADA

02 Aug 2018

Diana Malave

The United States Court of Appeals for the Eleventh Circuit reversed the dismissal of a complaint alleging defendants violated the Americans with Disabilities Act (ADA) by failing to ensure that their website was compatible with screen reading software. The Court held “the...

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