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  • Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses
    Fighting Foreign Lenders in NY Courts: Your Complete Guide to Jurisdictional Defenses

    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 ...

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  • NY Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation
    NY Confession of Judgment Update 2024: The End of Out-of-State Debtor Exploitation

    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 ...

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  • Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide
    Can Banks Freeze LLC Accounts for Personal Judgments? | NY Legal Guide

    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. ...

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  • Sued in New York for a Loan? How BCL § 1314 and GOL § 5-1402 Protect Out-of-State Borrowers
    Sued in New York for a Loan? How BCL § 1314 and GOL § 5-1402 Protect Out-of-State Borrowers

    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 ...

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  • Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers
    Contractual Consent Of Service: The Hidden Perils For Out-of-State Borrowers

    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 ...

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  • Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion
    Vacating a Judgment in New York? Key Case Holdings About Judicial Discretion

    For this blog, I pulled out some of the "greatest hits" of case decisions regarding vacating (overturning) judgments in New York. From service of post-judgment notices to defenses in usury, courts ...

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