Unethical Companies, Frivolous Defenses to Breach of a NY Contract, and the “American Way”

Recently, I spoke with a gentleman who runs a small, but profitable, family-owned business that did a significant amount of custom work for a vendor, only to have that vendor – which is a much larger company – turn around and tell this man directly: “we’re not paying you, and if you don’t like it, [...]

Why One Queens Building Owner Deserved To Lose His Breach of Contract & Indemnity Claim

Sometimes when reading a court’s decision, there are facts from the case that almost jump off the page and make you wonder: if what the court is saying is true, why on earth did they even bother filing the lawsuit to begin with? Why not just accept that you messed up and move on?
In Bailey [...]

Frivolous Defenses: Frivolous Lawsuits’ Lesser Known Evil Twin, Holds One Brooklyn Court

Unquestionably, there has been a lot of talk about frivolous lawsuits. And there is no doubt that they should be done away with. But almost no attention has been paid to its paired opposite, which also unnecessarily ratchets up litigation costs: frivolous defenses.
Today’s New York Law Journal includes a decision from Judge David Schmidt in [...]