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Joining Legal and Equitable Claims Waives The Right to a Trial by Jury

By: Jeffrey M. Haber “The right to a trial by jury is governed by article I (§ 2) of the New York State Constitution,” which provides “that a ‘[t]rial by …

Posted on: Aug 7 2023
By: admin

Extreme Vacations and Limitations of Liability

By Jonathan H. Freiberger This Blog has recently written on the issue of contractual limitations of liability. [Here] Proving that timing is everything, Jonathan H. Freiberger, one of Freiberger Haber …

Posted on: Aug 4 2023
By: admin

There is No Absolute Privilege to Defame Another in Court Papers

By: Jeffrey M. Haber Defamation is broadly defined as any false statement that harms the reputation of a person, business, or organization. It is a false statement “‘that tends to …

Posted on: Aug 2 2023
By: admin

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

By: Jeffrey M. Haber The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of …

Posted on: Jul 31 2023
By: admin

Notices of Pendency

By Jonathan H. Freiberger As discussed in a prior blog article [here], a notice of pendency (or lis pendens) is a provisional remedy governed by Article 65 of the CPLR. …

Posted on: Jul 28 2023
By: admin

Factoring, Commercial Financing Services and Claims That Range from Replevin to Fraud

By: Jeffrey M. Haber In Merchant Factors Corp. v. Crush Apparel & Accessories Inc., 2023 N.Y. Slip Op. 50755(U) (Sup. Ct., N.Y. County July 21, 2023) (here), plaintiff, Merchant Factors …

Posted on: Jul 26 2023
By: admin

Enforcement News: SPAC, Digital World Acquisition Corporation, Settles Charges With The SEC In Connection With IPO And Proposed Merger

By: Jeffrey M. Haber In the merger and acquisition world it is common to form a special purpose acquisition company (“SPAC”). A SPAC is a company with no underlying business …

Posted on: Jul 24 2023
By: admin

The Presumption That Papers and Pleading Filed in Court are Public and The Circumstances in Which They May Be Sealed or Redacted

By: Jeffrey M. Haber Most litigants think that financial documents, such as tax returns, are confidential. The same is true with regard to trade secrets and other proprietary business information. …

Posted on: Jul 19 2023
By: admin

To Settle an Order or Not to Settle an Order, That is the Question

By Jonathan H. Freiberger On July 12, 2023, the Appellate Division, Second Department, in U.S. Bank Trust, N.A. v. Rahman, addressed an issue that has been confusing lawyers for quite …

Posted on: Jul 14 2023
By: admin

Can You Limit Liability for Your Own Negligence in a Contract

By Jonathan H. Freiberger Folks sign contracts of all types that purport to contain limitations of liability; but are they enforceable. In many cases, the answer is “yes”. “In the …

Posted on: Jul 7 2023
By: admin

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