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The Duplication Doctrine and Justifiable Reliance
By: Jeffrey M. Haber In ABN AMRO Capital USA LLC v. AMERRA Capital Mgt., LLC, 2022 N.Y. Slip Op. 07178 (1st Dept. Dec. 20, 2022) (here), the Appellate Division, First …
- Posted on: Dec 21 2022
Justifiable Reliance Negated by the Terms of the Contract Executed by The Allegedly Defrauded Party
By: Jeffrey M. Haber As readers of this Blog know, we have often written about the justifiable reliance element of a fraud claim. Considered by the courts to be nettlesome,1 …
- Posted on: Dec 19 2022
First: Read CPLR 304; Second: Insert Your Own First Step/Begin Your Journey Quote Here: _____________; and, Third: Read this Article.
By Jonathan H. Freiberger If you are too busy to play along after reading the title of today’s article, it is my pleasure to help you out. FIRST — CPLR …
- Posted on: Dec 16 2022
Forming a Shell Company to Avoid Paying Rent Sufficient to Pierce the Corporate Veil
By: Jeffrey M. Haber In commercial and business litigation, it is common for plaintiffs to assert claims against a business entity for wrongs committed by the entity. Often, plaintiffs will …
- Posted on: Dec 14 2022
Fraud Notes: Scienter, Predictions, Promises of Future Performance, Loss Causation, and the Duty to Disclose
By: Jeffrey M. Haber “The elements of a cause of action for fraud require a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable …
- Posted on: Dec 12 2022
First Department Finds Mechanic’s Lien is Willfully Exaggerated Under the Lien Law
By Jonathan H. Freiberger Mechanic’s liens are powerful tools that can be used by contractors, laborers and materialmen, among others, to assist in getting paid for work performed in improving …
- Posted on: Dec 12 2022
Motion to Compel Arbitration Denied Where Party to Agreement Had No Authority to Sign Agreement
By: Jeffrey M. Haber We have noted previously that the “policy of [the State of New York is] to encourage arbitration.”1 For this reason, “[a]ny doubts as to whether an …
- Posted on: Dec 8 2022
We’ve Moved: Same Building – New Suite
Freiberger Haber LLP (the “Firm”) is pleased to announce that, effective December 1, 2022, it has moved to larger space in the same building. Our new suite number is shown …
- Posted on: Dec 6 2022
The Importance of Sharing Profits and Losses When Claiming Breach of an Oral Partnership and Pleading Fraud with Particularity
By: Jeffrey M. Haber A partnership is an association of two or more persons to carry on as co-owners of a business for profit.1 The formation of a partnership requires a …
- Posted on: Dec 5 2022
First Department Finds that Loss of a Personal Journal Results in Adverse Inference Charge Due to Spoliation of Evidence
By Jonathan H. Freiberger This Blog has previously discussed the discovery process and its relationship to the spoliation of evidence. [See, e.g., [here], [here], [here] and [here].] Briefly stated, and …
- Posted on: Dec 2 2022
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