Beating Summary Judgment in a New York Court: NY Litigation Basics

Here is a perfect example of how a skilled and proactive New York attorney can use proactive strategy to resolve a dispute in a New York court.  When you have more than one potential defendants, you can pit one against the other to maximize your position and prevail in a summary judgment motion and prevail in reaching a settlement for your client.  The following issue involves a motor vehicle accident, however, the same strategy may be used to prevail in business disputes in New York. My client, a front seat passenger in a motor vehicle, did not have a complete memory of the incident.  All he knew was that he was injured in a car accident, thus, his testimony was not able to collaborate the story of the driver in the car she was in or the driver of the other car.   My client was sitting in the front seat of

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Ongoing Investigation in New York into the NY’s P2P Lending Industry

New York is investigating whether peer-to-peer lenders are required to be licensed to operate in the state of New York. Peer-to-peer lending, sometimes abbreviated P2P lending, is the practice of lending money to individuals or businesses through online services that match lenders directly with borrowers. Since these peer-to-peer lending companies offer their services online, they are run with lower overhead and provide services cheaper than traditional financial institutions like those licensed in New York. As a result, these online peer-to-peer lenders can earn higher returns compared to savings and investment products offered by New York licensed financial institutions, and borrowers can borrow money at lower interest rates, even after the P2P lending company takes its fees for its services. P2P lenders are used around the world as an alternative means for businesses in many countries to access funds for start-ups, expansion and improvement. However, these companies are also subject to

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IP Infringement vs. Fair Use? Protecting Federal Trademarks in New York State

Seems like a lot of high-profile trademark issues are happening all over New York. A recent federal matter outlines the basics of federal trademark litigation and the arguments a New York business may use to attempt to enforce a trademark against a violator of your trademark. A federal judge in New York State recently ruled that The Car-Freshner Corporation – which makes the pine tree-shaped air fresheners that hang in millions of vehicles across the country –  has demonstrated that it may lay claim to the tree-shaped symbol through its various federal trademark registrations and more than 60 years. Car-Freshner claims that Sun Cedar, a non-profit business based out of Kansas, violated the Lanham Act and New York Law by making and marketing a car air-freshener in the same tree-shape and using a virtually identical symbol that Car-Freshner has registered as its trademark as early as 1961. It further argued

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