Veil Piercing and Fraudulent Transfers Under the (New) DCL
- Jan 31 2024
By: Jeffrey M. Haber In 245 E. 19 Realty LLC v. 245 E. 19th St. Parking LLC, 2024 N.Y. Slip Op. 00368 (1st Dept. Jan. 30, 2024) (here), the Appellate Division, …
Posts From January, 2024
First Department Affirms the Denial of Pre-Action Disclosure
- Jan 29 2024
By: Jeffrey M. Haber In prior articles, this Blog examined CPLR § 3102, the statutory provision that permits pre-action disclosure. See here and here. We do so again in connection …
First Department Holds That a Business-Entity Owner of Residential Property Can Avail Itself of the Protections of the New York City Home Improvement Contractor’s License Requirement
- Jan 26 2024
By Jonathan H. Freiberger In order to protect homeowners, home improvement contractors are frequently required by municipalities to be licensed. Unlicensed home improvement contractors are precluded from collecting payments due …
Breach of Contract Claim Dressed Up in The Garb of a Fraud Cause of Action
- Jan 24 2024
By: Jeffrey M. Haber As readers of this Blog know, we have written about the duplication doctrine on numerous occasions. E.g., here, here, and here. Courts apply the doctrine when …
Enforcement News: The Importance of Supervision, Documentation and Due Care
- Jan 22 2024
By: Jeffrey M. Haber The objective of an auditor is to supervise the audit engagement, including supervising the work of engagement team members so that the work is performed as …
First Department Awards Prejudgment Interest on Escrowed Downpayment Returned to Buyer as Liquidated Damages Upon Seller’s Breach of Real Estate Contract
- Jan 19 2024
By Jonathan H. Freiberger Today’s BLOG article addresses the circumstances pursuant to which the buyer under a real estate sales contract is entitled to prejudgment statutory interest pursuant to CPLR …
Enforcement News: SEC Settles Action Against Dual-Registered Investment Adviser/Broker-Dealer for Violating Whistleblower Protection Rule
- Jan 17 2024
By: Jeffrey M. Haber The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), enacted on July 21, 2010, amended the Securities Exchange Act by adding Section 21F-17, “Whistleblower …
Fraud Claim Held Not Duplicative of a Single Page Contract
- Jan 14 2024
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. A plaintiff claiming a breach of …
First Department Grants Extension of Time to Serve Summons and Complaint on a Mechanic’s Lien Discharge Bond Surety Under CPLR 306
- Jan 12 2024
By Jonathan H. Freiberger Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE], [HERE] and [HERE]. The …
The Special Facts Doctrine and Loss Causation
- Jan 10 2024
By: Jeffrey M. Haber In many of the fraud cases that we examine, the plaintiff alleges that the defendant made an affirmative misrepresentation of fact upon which he/she relied. As we …
