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Arbitration Award Confirmed in the Absence of Proof That Arbitrator Exceeded His Authority

By: Jeffrey M. Haber In Bron v. Fritch, 2024 N.Y. Slip Op. 32439(U) (Sup. Ct., N.Y. County July 12, 2024 (here), the court was asked to confirm an arbitration award, …

Posted on: Jul 22 2024
By: admin

Courts Will Not Assist An Effort To Enforce An Illegal Contract

By Jonathan H. Freiberger The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable …

Posted on: Jul 19 2024
By: admin

Enforcement News: SEC Charges Bank With Misleading Investors About The Strength Of Its BSA/AML Compliance Program And Its Monitoring of Crypto Customers

By: Jeffrey M. Haber The Currency and Foreign Transactions Reporting Act, also known as the “BSA,” enacted in 1970, established requirements for record-keeping and reporting by banks and other financial institutions.1 …

Posted on: Jul 8 2024
By: admin

Contract Interpretation: Words Have Meaning

By: Jeffrey M. Haber As readers of this Blog know, we have frequently written about how courts enforce contracts that are clear and unambiguous. In fact, many of our articles …

Posted on: Jul 3 2024
By: admin

Who is Considered a “Borrower” for Notice Purposes Under RPAPL 1304

By Jonathan H. Freiberger On numerous occasions, this Blog has addressed issues related to RPAPL 1304. [Eds. Note: to view this Blog’s prior articles on RPAPL 1304, kindly type “RPAPL …

Posted on: Jun 28 2024
By: admin

Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

By: Jeffrey M. Haber Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of …

Posted on: Jun 26 2024
By: admin

Typographical Errors, Grammatical Mistakes, and Other Obvious Errors Do Not Render a Contract Ambiguous, Says The New York Court of Appeals

By: Jeffrey M. Haber In a prior post, we examined the impact of proofreading failures when drafting an agreement (here). In MAK Technology Holdings Inc. v. Anyvision Interactive Technologies Ltd., …

Posted on: Jun 24 2024
By: admin

THE FIRST DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION RELATED TO THE MAILING REQUIREMENT WHEN SERVICE OF PROCESS IN MADE PURSUANT TO CPLR 308(2)

By Jonathan H. Freiberger In today’s BLOG we discuss AMK Capital Corp. v. Plotch., a case decided on June 18, 2024, by the Appellate Division, First Department, that involves, inter …

Posted on: Jun 21 2024
By: admin

STATUTE OF LIMITATIONS IN THE TIME OF COVID – THE SECOND DEPARTMENT DECIDES AN ISSUE OF FIRST IMPRESSION FOR NEW YORK APPELLATE COURTS RELATED TO MORTGAGE FORECLOSURE ACTIONS AND COVID-19 TOLLS

By Jonathan H. Freiberger In today’s BLOG we discuss Trento 67, LLC v. One West Bank, N.A., a case decided on June 12, 2024, by the Appellate Division, Second Department, …

Posted on: Jun 14 2024
By: admin

Enforcement News: SEC Charges Founder of Joonko with Perpetrating An “Old School Fraud Using New School Buzzwords”

By: Jeffrey M. Haber On June 11, 2024, the Securities and Exchange Commission (“SEC”) announced (here) that it charged the Chief Executive Officer and founder of the now-shuttered artificial intelligence …

Posted on: Jun 12 2024
By: admin

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