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For Want of a Postage Stamp, the Foreclosure Action Was Lost
By Jonathan H. Freiberger This Blog has frequently written about RPALP 1304. By way of background, and as previously noted in this Blog, RPAPL 1304 requires that at least ninety …
- Posted on: Jun 9 2023
Derivative Standing and The Internal Affairs Doctrine
By: Jeffrey M. Haber The internal affairs doctrine is a “conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation’s internal affairs—matters …
- Posted on: Jun 5 2023
Conspiracy Theory Jurisdiction. Who Knew?
By: Jeffrey Haber Section 3211(a)(8) of the Civil Practice Law and Rule (“CPLR”) allows a party to “move for judgment dismissing one or more causes of action asserted against him on …
- Posted on: May 31 2023
Assignees Beware: The Right to Assert a Fraud Claim Related to A Contract or Note Does Not Automatically Transfer with The Assignment of the Contract or Note
Query: does the recipient of an assignment via a contract or a note automatically have the right to assert tort claims, including fraud claims, arising from that contract or note? In …
- Posted on: May 26 2023
Penalty Provisions and Liquidated Damages Clauses Cut From The Same Cloth
By: Jeffrey Haber Commercial contracts typically include a liquidated damages provision that allows for the payment of a predetermined amount of damages in the event of a breach by one …
- Posted on: May 22 2023
25% Owner Held Not to Have Dominated and Controlled Corporate Entity to Pierce the Corporate Veil
By: Jeffrey M. Haber This Blog has previously written about the benefits of forming a corporation or a limited liability corporation and the perils of ignoring the corporate formalities that …
- Posted on: May 17 2023
You Can’t Have A Fraud If You Don’t Have A Communication In Which A False Statement Is Made
By: Jeffrey M. Haber To plead a fraud cause of action, a plaintiff must allege: (1) a misrepresentation of material fact; (2) falsity; (3) scienter; (4) justifiable reliance; and (5) …
- Posted on: May 15 2023
Is Your Settlement Agreement Subject to Its “Subject to” Language?
By Jonathan H. Freiberger This Blog has previously discussed issues related to whether a binding agreement (a settlement agreement or otherwise) was formed by parties to a dispute. See, e.g., …
- Posted on: May 12 2023
Do Not Complain About What You Annex to Your Complaint
By Jonathan H. Freiberger Pursuant to CPLR 3014, inter alia, “[a] copy of any writing which is attached to a pleading is part thereof for all purposes.” Where “a copy …
- Posted on: May 5 2023
Guaranty Provision Requiring Some Additional Performance Obligations Held Insufficient to Defeat Motion for Summary Judgment In Lieu of Complaint
By: Jeffrey M. Haber In past articles, we have examined a motion for summary judgment in lieu of a complaint under CPLR § 3213 (see, e.g., here, here, here, here, and here). Today, we take …
- Posted on: May 3 2023
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