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BCL § 630(a): The 10 Largest Shareholders and Suing for Compensation
By: Jeffrey M. Haber New York’s Business Corporation Law (“BCL”) § 630(a) provides that “[t]he ten largest shareholders,” of a corporation are “personally liable”, “jointly and severally”, “for all debts, …
- Posted on: May 1 2023
Second Department Cancels and Discharges of Record A Mortgage Pursuant to RPAPL 1501(4)
By Jonathan H. Freiberger As explained in our Blog entitled: “Get Rid of a Stale Mortgage By Bringing an Action Under RPAPL 1501(4),” mortgage on real property are typically delivered …
- Posted on: Apr 28 2023
Enforcement News: SEC Charges Investment Advisory Firm with Making Material Misstatements and Omissions in Connection with Its Automated Tax Loss Harvesting Service
By: Jeffrey M. Haber Taxes. Everyone hates paying them. As one might expect, taxpayers often look for any opportunity to minimize their tax obligation. When securities are involved, especially in …
- Posted on: Apr 26 2023
Legal Opinion Letters Can Be Fraudulent
By: Jeffrey M. Haber In Lucky of 195 Madison St. Roofing & Contracting Inc. v. Creif, 109 LLC, 2023 N.Y. Slip Op. 02065 (1st Dept. Apr. 20, 2023) (here), the …
- Posted on: Apr 24 2023
New Administrative Order Regarding the Scheduling of Foreclosure Sales in Suffolk County Becomes Effective on May 1, 2023
By Jonathan H. Freiberger In our October 19, 2020, Blog [here] we discussed, inter alia, Administrative Order 98-20, issued by Andrew A. Crecca, District Administrative Judge, Suffolk County. AO 98-20 established …
- Posted on: Apr 21 2023
To be a Joint Venture? or Not to Be a Joint Venture – That is the Question
By: Jeffrey M. Haber When is a joint venture a joint venture under the law? The easy answer to this question can be found when the parties enter into an …
- Posted on: Apr 19 2023
Res Judicata Bars Action To Determine The Validity of a Refinancing Agreement
By: Jeffrey M. Haber Under the doctrine of res judicata, a final judgment on the merits of a claim precludes re-litigation of that claim by a party, and those in …
- Posted on: Apr 17 2023
Supreme Court, Kings County, Denies Unopposed Motion for Summary Judgment Due to Evidentiary Failures
By Jonathan H. Freiberger As explained in prior Blog articles, a court will grant a motion for summary judgment if, upon all the papers and evidence submitted, the cause of …
- Posted on: Apr 14 2023
Court Finds No Basis to Infer that Attorney Had Authority to Represent Party in An Action
By: Jeffrey M. Haber In today’s article, we address the question: When is an attorney authorized to act on behalf of a party? As one would expect, when the client …
- Posted on: Apr 12 2023
The Doctrine of Unconscionability and Fraudulent Inducement
By: Jeffrey M. Haber In Norman Realty & Constr. Corp. v. 151 E. 170th Lender LLC, 2023 N.Y. Slip Op. 01843 (1st Dept. April 6, 2023) (here), the Appellate Division, …
- Posted on: Apr 10 2023
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