One of the most common calls we receive goes something like this: “I lent money to a friend, relative, or business owner. We never signed a loan agreement. But I have text messages where they keep promising to pay me back. Can I still recover the money?” In many cases, the answer is yes. While a written promissory note is always preferable, New York courts regularly consider text messages, emails, checks, bank records, and the parties' conduct when determining whether money w

Post-closing escrow arrangements are common in residential real estate transactions throughout Westchester County and New York City. Buyers often insist on retaining a portion of the purchase price in escrow until open permits are closed, certificates of occupancy are obtained, or other property-related issues are resolved. These agreements are intended to protect buyers while giving sellers an opportunity to complete outstanding work after closing. A recent Westchester Count

One of the most common—and costly—mistakes I see in business disputes is the confusion between a loan and an equity investment. While the distinction may seem obvious in theory, in practice parties often blur the line, leading to litigation when expectations are not met. A recent case illustrates just how dangerous that confusion can be. In Gritsay v. Brooklyn Comprehensive Center (Kings County Sup. Court May 7, 2026), the plaintiff alleged that she paid approximately $750,00

Access to financial records is important to minority shareholders in closely held corporations. A recent New York Supreme Court Commercial Division decision demonstrates that the denial of books and records to such minority shareholders could be used to support claims for oppression, breach of contract, and breach of fiduciary duty. In Lehan v. Montgomery (Sup. Ct., Suffolk County 2025), the dispute arose from a closely held corporation operating a car wash business in Long I