Posts by admin:
Factual Issues Prevent Summary Judgment Under the Voluntary Payment and Accord and Satisfaction Doctrines
By: Jeffrey M. Haber The voluntary payment doctrine bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of …
- Posted on: Jul 5 2023
Proper Evidentiary Support for Compliance with RPAPL 1304 Remains an Issue for Foreclosing Lenders
By Jonathan H. Freiberger Because there have been a number of appellate decisions interpreting RPAPL 1304, this Blog has written frequently on that topic. See, e.g., [here], [here], [here], [here], …
- Posted on: Jun 30 2023
Enforcement News: A Double Shot of Ponzi Schemes with a Dose of Affinity Fraud
By: Jeffrey M. Haber On many occasions, we have written about Ponzi schemes that have been the subject of enforcement actions brought by, and/or settlements with, the Securities and Exchange …
- Posted on: Jun 28 2023
Manifest Disregard of the Law and the Arbitrability of Class Claims
By: Jeffrey M. Haber Under Section 10(a) of the Federal Arbitration Act (“FAA”), a court will vacate an arbitral award for the following reasons: (1) the award was procured by …
- Posted on: Jun 26 2023
Sometimes One Bite at the Apple is All You Get
By Jonathan H. Freiberger Today’s Blog involves motions to renew and reargue and successive motions for summary judgment. When a motion is denied, a movant has several options. One can …
- Posted on: Jun 23 2023
Enforcement News: Naked Short Selling, Reg. SHO and Securities Fraud
By: Jeffrey M. Haber A “short sale” is the sale of a security that the seller does not own or any sale that is consummated by the delivery of a …
- Posted on: Jun 21 2023
Application of a Company’s By-Laws to Director Deadlock
A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), a case …
- Posted on: Jun 20 2023
First Department Holds that Term Sheet is Not a Binding Contract
By Jonathan H. Freiberger Generally speaking, “term sheets” outline the basic terms of a transaction being negotiated by the parties thereto. This Blog has previously addressed the enforceability of “term …
- Posted on: Jun 16 2023
Collateral Estoppel, Finality of Arbitration and Newly Discovered Evidence
By: Jeffrey M. Haber The doctrine of collateral estoppel prevents a party from relitigating an issue that was “raised, necessarily decided and material in the first action,” provided the party …
- Posted on: Jun 14 2023
Fraud Claims That Are Duplicative of Contract Claims, Until They Are Not
By: Jeffrey M. Haber A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. Where both claims are asserted, more …
- Posted on: Jun 12 2023
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