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Plaintiff filed a complaint against Defendants for alleged investment fraud asserting violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and various state law claims, among others. In a 52 page decision, the Honorable Lewis J. Liman, United States District Judge...

Court Grants Summary Judgment Dismissing Adverse Possession Claim

19 Mar 2021

Diana Malave

Justice Purificacion of the Queens County Supreme Court granted Defendant’s motion for summary judgment dismissing Plaintiff’s cause of action sounding in adverse possession. The Court held that Defendant submitted evidence to show that Plaintiff could not have possessed the subject property under...

Court Cannot Sua Sponte Modify So-Ordered Stipulation

29 Jan 2021

Diana Malave

The City of New York sought to hold the defendant in contempt for violating the terms of a “so ordered” settlement stipulation. The Supreme Court declined to hold the defendant in contempt and instead sua sponte doubled the weekly penalty contained in...

Court Denies Holdover Tenant’s Motion to Dismiss Landlord’s Action to Enforce Personal Guaranty of Commercial Lease After Lease Term Expired

14 May 2020

Diana Malave

The Supreme Court, Nassau County, denied Defendant’s motion to dismiss Plaintiff’s action to enforce a personal guaranty of a commercial lease after the lease term expired and the tenant remained as a holdover. The Court found that the specific provisions of the...

Supreme Court Denies Motion for Summary Judgment and Grants Leave to File Amended Answer

12 May 2020

Diana Malave

The Supreme Court, Westchester County, denied the Plaintiff’s motion for summary judgement on Plaintiff’s causes of action under Real Property Actions and Proceeding Law Section 1201, unjust enrichment and for an accounting. The Court held, inter alia, that the General Obligations Law...

Central District of California Dismisses Case Against New York Corporation For Lack of Jurisdiction

01 May 2020

Diana Malave

The United States District Court for the Central District of California granted Defendant’s motion to dismiss for lack of jurisdiction over the New York based Defendant. Plaintiff filed suit in California for alleged tortious interference with a contract in connection with events...

Southern District of New York Grant’s Motion to Dismiss Rico Claims

Court Grants Summary Judgment Dismissing Adverse Possession Claim

Court Cannot Sua Sponte Modify So-Ordered Stipulation

Court Denies Holdover Tenant’s Motion to Dismiss Landlord’s Action to Enforce Personal Guaranty of Commercial Lease After Lease Term Expired

Supreme Court Denies Motion for Summary Judgment and Grants Leave to File Amended Answer

Central District of California Dismisses Case Against New York Corporation For Lack of Jurisdiction

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