Sometimes The Facts Are Just Not On Your Side
- Feb 24 2021
As the title of this article suggests, there are times in litigation where the facts simply do not support a claim or defense advanced by one or more of the …
Posts From February, 2021
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The Purchase of Andy Warhol’s “Uncle Sam” Screen Print Edition 1/5 and The Dispute That Followed
- Feb 22 2021
In today’s article, we examine familiar territory: complaints alleging breach of contract and fraudulent inducement. Kleber v. 10012 Holdings Inc., 2021 N.Y. Slip Op. 30441(U) (Sup. Ct., N.Y. County Feb. …
The New York Court Of Appeals Decides Four Cases, In One Opinion, Addressing And Clarifying Issues Related To The Timeliness Of The Commencement Of Mortgage Foreclosure Actions
- Feb 20 2021
This BLOG has written extensively on issues related to residential mortgage foreclosure actions. Indeed, earlier this month, in “PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT”, this BLOG provided an overview of the …
The Actionability of Corporate Puffery and Statements of Opinion
- Feb 17 2021
“We make premium widgets with the highest quality metals.” Assume for the moment, the widgets are made from alloys that are prone to imperfections. Also assume that the speaker sincerely …
Enforcement News: SEC Charges Investment Adviser and Others With Running a Ponzi-Like Scheme to Defraud Over 17,000 Retail Investors
- Feb 15 2021
In mid-December 2020, the Securities and Exchange Commission (“SEC” or “Commission”) issued an investor alert (here), warning of “Investment Scam Complaints on the Rise.” In the alert, the SEC urged …
THE FIRST DEPARTMENT PERMITS AN ACCOUNTING OF THE PAYOFF AMOUNT DELIVERED TO THE LENDER AT CLOSING WHEN THE PROPERTY SUBJECT TO A MORTGAGE FORECLOSURE ACTION IS SOLD BY BORROWER PRIOR TO A REFEREE BEING APPOINTED TO COMPUTE
- Feb 12 2021
his BLOG has addressed too may issues regarding residential mortgages to mention. [Type “mortgage foreclosure” in the search engine box on our BLOG page to find related articles.] A mortgage …
Court Finds No “At-Issue” Waiver of the Attorney-Client Privilege in Complex Note Transaction Case
- Feb 10 2021
It is well settled that communications between an attorney and a client for the purpose of obtaining legal advice are privileged and not discoverable unless the privilege is deemed to …
Related Entities Not “Necessary” to Pending Litigation For Intervention Purposes
- Feb 8 2021
Last month, this Blog examined Shilon v. New Upreal LLC, 2021 N.Y. Slip Op. 30146(U) (Sup. Ct., Kings County Jan. 11, 2021), a case involving a motion by a nonparty …
PRETEXTUAL DE-ACCELERATION OF MORTGAGE DEBT
- Feb 5 2021
[EDITOR’S NOTE. On February 18, 2021, the New York Court of Appeals decided Freedom Mortgage Corp. v. Engel, in which it, inter alia, expressly rejected the “pretextual de-acceleration” theory. This …
The Partnership That Wasn’t and The Motion to Compel Arbitration
- Feb 3 2021
We have noted previously that the “policy of [the State of New York is] to encourage arbitration.” See Smith Barney Shearson Inc. v. Sacharow, 91 N.Y.2d 39 (1997). For this …
