Commercial Litigation

LANDLORDS HAVE NO DUTY TO MITIGATE DAMAGES FOLLOWING LEASE BREACH

Posted on November 21, 2016

Here’s the scenario:  In month 9 of a 12 month residential lease term, Tenant defaults on his rent payment and abandons the apartment with three months still to go on the lease.  Landlord, in accordance with the lease terms, declares the lease terminated and brings a civil suit seeking monetary damages against tenant – including the value of the three months’ worth of rent Landlord otherwise would have received had Tenant not abandoned the lease.  However, during those three months,Read More

NDNY: No Interpleader Jurisdiction Where Investment Manager Previously Distributed Disputed Funds

Posted on August 8, 2014

I recently represented USAA Investment Management Company in the matter of USAA Investment Management Company v. John Connell et al., 2014 WL 2176283 (N.D.N.Y. 2014), an interesting case concerning interpleader jurisdiction.  In general, interpleader jurisdiction permits a party in possession of property to which multiple other parties have laid claim to initiate a suit in federal court whereby the Court and the claimants will adjudicate the ownership claims.  Interpleader offers protection for the party in possession (referred to as the “stakeholder”), whoRead More

Book Review: Commercial Litigation in New York State Courts, Third Edition, editor-in-chief Robert L. Haig, Esq.

Posted on July 5, 2012

Recently, West Publishing released a new third edition of the premier treatise on commercial litigation in the New York State courts.  I was asked by the book’s editor-in-chief and by the Saratoga County Bar Association to review it.  Click the link for the review, which appeared in the May-June 2012 issue of the SCBA’s Law Notes publication: Book Review: Commercial Litigation in New York State Courts