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  • Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods
    Serving Out-of-State Defendants in New York: CPLR 313, 308(5), and Contractual Service Methods

    Introduction New York commercial litigation involves complex service of process challenges, especially for out-of-state defendants. Here are three key aspects of service that are explained thoroughly ...

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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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  • How Do Merchant Cash Advances Differ From the Sale of Future Receivables?
    How Do Merchant Cash Advances Differ From the Sale of Future Receivables?

    The key differences between a Merchant Cash Advance (MCA) and the sale of future receivables: 1) Legal Nature: An MCA is not technically a loan, but rather an advance purchase of a business's future ...

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  • Service of Process: Why New York Courts Are Rejecting Email and Mail Service
    Service of Process: Why New York Courts Are Rejecting Email and Mail Service

    In collection-defense cases, I frequently see out-of-state defendants served by email, regular mail, or certified mail—methods that traditionally don't constitute valid service under New York law. ...

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