Carter Ledyard helped one of its merchant cash advance clients prevail in a litigation in which a merchant sought to vacate a judgment entered against it by our client based on an affidavit of confession of judgment. Confessions of judgment are commonly used in New York state to ensure a party’s performance of its obligations by authorizing entry of judgment against that party in a designated county if the party fails to perform, thereby avoiding the need for time-consuming litigation. The merchant here was based outside of New York and asserted that the affidavit of confession of judgment was invalid because it provided that it could be entered in any county in New York state instead of designating a single county. In one of the first New York state decisions on the issue, the court held that an out-of-state defendant’s designation in an affidavit of confession of judgment of multiple counties for entry of judgment does not preclude enforcement of the confession of judgment. The court also found that it could not inquire into the bona fides of the underlying transaction that was secured by the confession of judgment on a motion to vacate the judgment. The decision clarifies an emerging area of law at a time when the use of (and challenges to) affidavits of confession of judgment are becoming increasingly frequent. Carter Ledyard attorneys Jacob H. Nemon and Jeffrey S. Boxer drafted the successful opposition papers.
The Committee addresses issues related to estate planning, trust and law practice and the operation of Surrogate's Courts.
In an August 24, 2018 decision, Magistrate Judge Barbara Moses determined that any dispute over ownership of “The Mechanism of Meaning,” the iconic artwork by Shusaku Arakawa, and the intellectual property in that…
Fifteen attorneys across ten practice areas were named by Best Lawyers in their annual The Best Lawyers in America® rankings.
Mr. McSloy taught at the College's semi-annual Leadership & Governance Certificate Program, designed for current and aspiring tribal leaders.
Jeff Boxer spoke with the New York Law Journal about the quality of services provided by a mid-sized law firm like Carter Ledyard.
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Client Kaneka Corporation was awarded a default judgment against a Chinese importer...
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Carter Ledyard is pleased to welcome the arrival of Ms. Dreizen to the firm as Counsel in the Corporate department.
Carter Ledyard client Global SC Finance IV Limited completed an offering of $196 million of fixed rate asset backed notes.
Our 2017 Year in Review highlights the cutting-edge work of our clients, both foreign and domestic, and some of the ways we helped them succeed.
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Val Vasi discussed anti-money laundering (AML) guidelines in the art world and AML regulations in the financial services industry