How Short is Too Short?
- Oct 30 2019
It is well settled that parties are free to contractually shorten a limitations period as long as their intent to do so is clearly stated and the time period is …
Posts From October, 2019
Puffery and the Misstatement That Wasn’t
- Oct 28 2019
To assert a fraud claim, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the …
Extensions of Time to Serve Process Under CPLR 306-b
- Oct 25 2019
Under the present “commencement by filing” system, an action (or proceeding) (collectively, an “Action”) is commenced by filing (CPLR 304(a))the initiatory paper(s) with the “clerk of the court in the …
Freiberger Haber’s Co-Founding Partner Jeffrey M. Haber Again Recognized by Super Lawyers Magazine
- Oct 24 2019
Melville, NY (Law Firm Newswire) October 23, 2019 – Freiberger Haber LLP is pleased to announce that co-founding partner, Jeffrey M. Haber, has been named by Super Lawyers magazine to be …
Stenographic Services, The Doctrine of Account Stated and The Statute of Frauds
- Oct 23 2019
Stenographic services are an important part of any litigation. After all, deposition and trial testimony must be recorded, as they are part of the record. Typically, the attorney noticing the …
MORTGAGE CONTINGENCY CLAUSES
- Oct 21 2019
Purchasing real estate, a new home for example, is an expensive proposition. It is rare that a new home buyer has enough cash on hand to make the purchase. Therefore, …
The Economic Loss Doctrine and the Split of Authority Within the Southern District of New York
- Oct 18 2019
Readers of this Blog know that, as a general matter, New York courts will not permit a tort claim to survive a motion to dismiss when the claim arises from …
Lost Profit Damages: It Makes A Difference in Proof Whether the Damages Alleged Are General or Special
- Oct 16 2019
In today’s commercial world, businesses claiming breach of an agreement often seek lost profits resulting from the breach. The hurdle that the plaintiff must overcome when seeking such relief, however, …
In Pari Delicto, the Adverse Interest Exception and the Alleged Failure to Uncover Fraudulent Activity
- Oct 14 2019
In Pari Delicto, the Adverse Interest Exception and the Alleged Failure to Uncover Fraudulent Activity The doctrine of in pari delicto has been a part of the common law for …
SECOND DEPARTMENT DETERMINES THAT POTENTIAL REAL ESTATE BUYER IS NOT ENTITLED TO SPECIFIC PERFORMANCE BECAUSE THERE WAS NO ENFORCABLE CONTRACT
- Oct 11 2019
Specific Performance is an equitable remedy used to compel a party to perform under a contract. McGinnis v. Cowhey, 24 A.D.3d 629 (2nd Dep’t 2005). Specific Performance is frequently used …
