Posts by admin:
Omission Case Dismissed Because Defendants Had No Duty to Disclose
By: Jeffrey M. Haber Typically, when a plaintiff claims to have been defrauded, he/she typically argues that the defendant made an affirmative misrepresentation of fact. Fraud does not, however, always …
- Posted on: Jan 23 2023
Enforcement News: The Intersection of Affinity Fraud and a Ponzi Scheme
By: Jeffrey M. Haber In prior articles we have examined Ponzi Schemes and affinity fraud. E.g., here. We do so again today. Affinity fraud occurs when the promoter of the fraud …
- Posted on: Jan 18 2023
Reliance on Emails Not Enough to Avoid Dismissal Under Statute of Frauds
By: Jeffrey M. Haber The statute of frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless …
- Posted on: Jan 17 2023
Appellate Division, First Department Shows Little Mercy for Litigant that Filed Untimely Summary Judgment Motion
By Jonathan H. Freiberger As the Court of Appeals has explained it, “[s]ummary judgment permits a party to show, by affidavit or other evidence, that there is no material issue …
- Posted on: Jan 13 2023
The Many Facets of a Fraudulent Inducement Claim
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
- Posted on: Jan 11 2023
Enforcement News: SEC Files Suit in Connection with $45 Million “Too Good To Be True” Scheme to Defraud
By: Jeffrey M. Haber In promoting a scam, fraud operators expect investors will jump at the opportunity to obtain a life-changing financial reward from their investment, especially if the investment …
- Posted on: Jan 9 2023
Defendants’ In-Person Activities in New York Sufficient to Support the Exercise of Specific Personal Jurisdiction
By: Jeffrey M. Haber Obtaining jurisdiction over a person or corporation that is domiciled outside of the state can be difficult. A plaintiff must plead and prove that the person or …
- Posted on: Jan 6 2023
Enforcement News: SEC Charges Financial Services Professional and Associate with Perpetrating a Front-Running Scheme
By: Jeffrey M. Haber “Front-running” involves trading ahead of large, nonpublic orders of market participants to benefit from the market impact of those large orders. Large orders can have an …
- Posted on: Dec 28 2022
The Former DCL Gets Its Day In Court
By: Jeffrey M. Haber On December 23, 2022, the Appellate Division, Fourth Department issued two decisions involving New York’s former Debtor and Creditor Law (“DCL”): Inner Harbor Phase I L.P. …
- Posted on: Dec 27 2022
Second Department Remands For Hearing on Whether Lender Negotiated in Bad Faith During Mandatory CPLR 3408 Foreclosure Settlement Conference
By Jonathan H. Freiberger As previously addressed in numerous articles on this Blog, the New York State Legislature has responded to the residential mortgage foreclosure crisis by promulgating a series …
- Posted on: Dec 23 2022
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