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generally been unsuccessful in defending rent arrears and eviction cases by relying on, inter alia , the doctrines The doctrine applies when a change in circumstances makes one party's performance virtually worthless BCR Safeguard Holding, LLC , 85 A.D.3d 506, 508 (1 st Dep’t 2011) (citations and internal quotation marks Valenti , 115 A.D.3d 197, 200 (1 st Dep’t 2014) (citations, internal quotation marks and brackets omitted purpose and impossibility defenses, noting that a “steady drumbeat of New York cases have rejected those doctrines

Freiberger Discovery, an important part of the litigation process, enables litigants to collect information Bloomberg, L.P., 235 A.D.3d 709, 713 (2nd Dep’t 2025) (citations, internal quotation marks and ellipses “Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys Nostrand Apparel Corp., 2025 WL 1450331 at *1 (2nd Dep’t May 21, 2025) (citation and internal quotation marks

Under the doctrine of res judicata , a party may not litigate a claim where a judgment on the merits The doctrine applies not only to claims actually litigated but also to claims that could have been raised The rationale underlying the doctrine is that a party who has been given a full and fair opportunity (citing Chadbourne & Parke LLP v. Warshaw , 287 A.D.2d 119 (1st Dept. 2001)). Accordingly, the courts could not apply the res judicata doctrine.

Haber Under New York law, alter ego liability, often referred to as piercing the corporate veil, is a doctrine The motion court further held that the part of the complaint that alleged Doukas was Breton Equity’s While application of the doctrine depends on the facts and circumstances of each case,[7] several factors Megan Holding, LLC, 25 N.Y.3d 1, 18 (2015) (internal quotation marks omitted); TNS Holdings v. Atlantic Yards B2 Owner, LLC, 146 A.D.3d 1, 12 (1st Dept. 2016) (internal quotation marks omitted), aff

Orchard Park Central School Dist. V. Orchard Park Teachers Ass’n , 50 A.D.2d 462 (4 th Dep’t 1976) (citation omitted).  , be added to the suit after the statute of limitations has expired pursuant to the ‘relation-back’ doctrine The court erred in applying the "John Doe" designation authorized by CPLR 1024 and the relation-back doctrine (Citations and internal quotation marks omitted.)

agreement for work, labor, services, goods, and lease”; “Plaintiff duly performed all conditions on its part

This BLOG has written numerous articles addressing statutes of limitation.¹ Today’s article discusses Mark Prospect Park Yeshiva, Inc. , 124 A.D.3d 732, 733 (2 nd Dep’t 2015) (citations and internal quotation marks omitted). Trust Co. , 164 A.D.3d 886, 888 (2 nd Dep’t 2018) (citations and internal quotation marks omitted). The prior discussion leads back to Mark.

While application of the doctrine depends on the facts and circumstances of each case,[6] several factors funds for personal benefit.[7] No one factor controls the consideration.[8] The alter ego liability doctrine Approximately eighteen months later, as part of a recapitalization (the “Recap”), Hellas Telecommunications Megan Holding, LLC, 25 N.Y.3d 1, 18 (2015) (internal quotation marks omitted); TNS Holdings v. Carlton, 18 N.Y.2d 414, 420 (1966) (internal quotation marks omitted)). [21] Id. at *3.

or has not, been paid; and also whether the mortgage in question was, or was not, given to secure a part Patella, 279 A.d.2d at 604 (2nd Dep’t 2001) (citations, internal quotation marks and internal brackets Further, the Court recognized that the doctrine of equitable mortgage does not apply “where a legal written

The United States Supreme Court has stated that: It is also an established doctrine that an equity of This is a doctrine from which a court of equity never deviates.

Haber Previously, this Blog has examined the doctrine of res judicata ( here and  here ). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior The doctrine applies not only to claims actually litigated but also to claims that could have been raised The rationale underlying the doctrine is that a party who has been given a full and fair opportunity On February 8, 2022, the motion court dismissed the claims as barred by the res judicata doctrine, holding

issues concerning fraud causes of action with which readers of this Blog are familiar: the duplication doctrine intended to be and should not be taken as legal advice. [1] To find articles related to the duplication doctrine Finnerty, 68 A.D.3d 638, 639 (1st Dept. 2009) (internal quotation marks omitted), and citing Global Mins Rhone Group L.L.C., 15 N.Y.3d 147, 155 (2010) (internal quotation marks omitted). [12] Id. [13] 88 Blue (internal quotation marks omitted). [15] KNK Enters. Inc. v.