Choice of Law Clause: Which Law Should Be Applied?
- Feb 28 2022
In drafting a contract, it is very common for the parties to include a choice of law provision. These provisions typically provide that a particular state’s law will apply regardless …
Posts From February, 2022
Second Department Addresses the Presumption of Receipt of a Properly Mailed Letter in the Context of a RPAPL 1304 Notice
- Feb 25 2022
By Jonathan H. Freiberger Just when you thought that there is nothing left to write about on RPAPL 1304 notices, a new case is decided with an interesting twist. Followers …
Dispute Resolution Clause Bars Breach of Contract and Fraudulent Inducement Claims
- Feb 23 2022
By: Jeffrey M. Haber When someone speaks of a dispute resolution clause, lawyers most likely think the speaker is referring to an arbitration clause. But, as discussed in Innovative Concepts …
SEC Seeks to Amend Whistleblower Rules To Further Incentivize Whistleblowers To Report Violations of Law
- Feb 22 2022
By: Jeffrey M. Haber Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act added Section 21F to the Securities Exchange Act of 1934 (“Exchange Act”), establishing the Securities …
Second Department Finds Lender’s “Reasonable Excuse” Unavailing After Failing To Timely Seek Default Judgment Pursuant To CPLR 3215(c)
- Feb 18 2022
By Jonathan H. Freiberger On February 16, 2022, the Appellate Division, Second Department, decided Bank of New York Mellon Trust Company v. Lee, a mortgage foreclosure action that was dismissed, …
Lost Profits and Promises of Future Performance
- Feb 16 2022
By: Jeffrey M. Haber It is not uncommon for parties in commercial transactions to include in their contracts a provision that limits the types of damages recoverable in the event …
First Department Finds Arbitrator Exceeded Authority By Awarding Relief Not Demanded
- Feb 14 2022
By: Jeffrey M. Haber As readers know from past articles, CPLR § 7511 (b) sets forth the statutory grounds for vacating an arbitration award. Under that section, a court may vacate …
Lender Denied Summary Judgment Because It Failed To Demonstrate That The Five Housing Agencies Identified In Its RPAPL 1304 Notice Served The County In Which The Subject Property Was Located
- Feb 11 2022
By Jonathan H. Freiberger Followers of this Blog know that we frequently address issues involving residential mortgage foreclosure. Decisions involving the pre-foreclosure requirements of RPAPL 1304 are frequently rendered by …
Fraud Claim Dismissed On Statute Of Limitations Grounds Because Plaintiff Could Not Avail Itself of the Discovery Rule
- Feb 10 2022
By: Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two …
Merger Clauses, Disclaimer Clauses and Derivative Standing
- Feb 7 2022
By: Jeffrey M. Haber In today’s article, we examine three principles of law that can spell the end of a litigation: disclaimer clauses, merger or integration clauses, and derivative standing. …
