Blog Posts in 2024

The collection-litigation market in New York is as aggressive as ever. From a defense perspective, this blog explores the potent defenses of a) lack of subject matter jurisdiction, b) lack of personal ...

Understanding New York's Confession of Judgment Law and Recent Amendments New York's Confession of Judgment (COJ) law, codified in N.Y. C.P.L.R. § 3218, is a powerful legal tool that allows creditors ...

Can a Bank Restrain (freeze) the Bank Account of a Judgment Debtor's LLC Based on an Individual Debt? A bank's ability to restrain an LLC's account for a judgment debtor's personal debts is complex. ...

New York's Business Corporation Law § 1314 governs when foreign entities and non-residents can sue in New York courts. Despite its title, it applies to actions against and by foreign corporations and ...

Forum selection clauses in loan agreements force out-of-state borrowers to litigate in New York. As a collection defense attorney, I've observed how these provisions can tilt the playing field in ...

The following blog post delves into CPLR § 313 and § 308(5), exploring their application in serving out-of-state defendants in New York commercial disputes, with a particular focus on the validity of ...