Amended Pleadings Under CPLR 3025(b)
- Aug 26 2022
By Jonathan H. Freiberger Section 3025 of the CPLR permits litigants to amend their pleadings. Without leave of court, a party can amend a pleading once, as of right, “within …
Posts From August, 2022
Arbitration: There are Exceptions to Every Rule
- Aug 24 2022
By: Jeffrey M. Haber New York “favors and encourages arbitration as a means of conserving the time and resources of the courts and the contracting parties”.1 Under the Federal Arbitration …
Defendant Estopped From Vacating Default on Jurisdictional Grounds
- Aug 22 2022
By: Jeffrey M. Haber It is common to include a notice provision in commercial contracts and instruments, such as a loan, promissory note or guaranty. Notice provisions identify the party …
Enforcement News: SEC Brings Charges In Connection With False and Misleading Statements about Related-Party Loans
- Aug 17 2022
By: Jeffrey M. Haber The disclosure of related-party transactions is an important part of a company’s corporate governance and financial statements. It provides transparency as to how the entity’s financial …
Defendant Successfully Raises Issues of Fact in Promissory Note Action Sufficient to Defendant Summary Judgment Under CPLR 3213
- Aug 15 2022
By: Jeffrey M. Haber It is not often that a defendant can defeat a motion for summary judgment under CPLR § 3213. In Landa v. Friedman, 2022 N.Y. Slip Op. …
Enforcement News: Atlanta-Based Advisory Firm Charged With Securities Fraud for $90 Million Fix-and-Flip Securitization Scheme
- Aug 12 2022
By: Jeffrey M. Haber “Understanding what investors value and look for in a financial adviser is critical to both the client’s and adviser’s success.”1 One factor investors consider is reputation. For …
Party Cannot Rely On Contract and Disclaim Arbitration Provision Contained Therein
- Aug 10 2022
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 of …
COVID-19 and The Doctrines Of Frustration Of Purpose and Impossibility of Performance — Part III
- Aug 8 2022
By: Jeffrey M. Haber Previously, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (See here, here, and here). Because the Covid-19 pandemic …
No Damages, No Claim, Problem
- Aug 3 2022
By: Jeffrey M. Haber It is axiomatic that a plaintiff cannot succeed on his or her cause of action if there are no provable damages. It is, therefore, important that …
Enforcement News: SEC Charges Broker-Dealers/Investment Advisers With Deficiencies Relating to the Prevention of Customer Identity Theft
- Aug 1 2022
By: Jeffrey M. Haber The growth of information technology and electronic communication over the past few decades has made it increasingly easy to collect, maintain, and transfer personal information.1 With …
