FINRA Expungement
- Nov 24 2021
By: Jeffrey M. Haber What is Expungement and When is It Granted? Expungement is the process by which a brokerage firm or registered representative seeks to remove an adverse disclosure …
Posts From November, 2021
Absence of the “Who”, “What”, “When” and “How” of An Alleged Fraud Warrants Dismissal of the Claim
- Nov 22 2021
By: Jeffrey M. Haber In past articles, we have discussed the necessity of pleading the “who”, “what”, “when” and “how” of an alleged fraud. See, e.g., here. In many respects, …
Revive a Time-Barred Claim in a Mortgage Foreclosure Action Using § 17-105(1) of New York’s General Obligation Law
- Nov 19 2021
By Jonathan H. Freiberger In this Blog’s article entitled: “Revive a Time-Barred Claim Using § 17-101 of New York’s General Obligations Law,” we discussed the general purpose of statutes of …
Contracts That Say What They Mean, Mean What They Say Redux
- Nov 17 2021
By: Jeffrey M. Haber Earlier this month, we wrote about how courts enforce contracts that are clear and unambiguous. The title of the article, “Contracts That Say What They Mean, …
Fourth Department Rejects Violation of Public Policy and Manifest Disregard of the Law as Bases To Vacate Arbitral Award
- Nov 15 2021
By: Jeffrey M. Haber Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead …
Two Cases, Same Result: Second Department Sustains Borrowers’ Defenses of Failure to Comply With the Notice Requirements of RPAPL 1304 Due to Lenders’ Evidentiary Failures
- Nov 12 2021
By Jonathan H. Freiberger This Blog frequently writes about decisions related to residential mortgage foreclosure actions. [Here and the articles hyperlinked therein.] One frequent topic that is always ripe for …
Settlement By Email – Timing is Everything
- Nov 10 2021
By: Jeffrey M. Haber In today’s article, we consider a case in which, as the title indicates, timing is everything. Before we discuss the case, let’s consider the following scenario. …
Court Rejects Application of Res Judicata and Collateral Estoppel To Retaliation Claim Purportedly Decided By State and Federal Courts
- Nov 8 2021
By: Jeffrey M. Haber The doctrines of res judicata and collateral estoppel embody related but distinct concepts. They both stand for the general proposition that a party to a litigation …
Referees to Compute in Mortgage Foreclosure Actions
- Nov 5 2021
By Jonathan H. Freiberger When a borrower borrows money from a lender the repayment obligation is evidenced by a promissory note signed by the borrower and delivered to the lender. …
Enforcement News: SEC Charges California Company and its Principals With Operating a Ponzi-Like Scheme
- Nov 3 2021
By: Jeffrey M. Haber This Blog has written numerous articles about Ponzi schemes and the enforcement proceedings that resulted from them. See, e.g., here, here, here, here, and here. In a Ponzi scheme, the operator creates an investment program …
