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Guaranty Provision Referencing “Other Obligations” Held Insufficient To Defeat Motion For Summary Judgment In Lieu Of Complaint
By: Jeffrey M. Haber Over the years, 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). Sometimes, the case that we …
- Posted on: Jun 10 2024
CONTRACT INTERPRETATION IN THE TIME OF COVID
By Jonathan H. Freiberger A significant part of commercial business dealings involves the drafting and interpretation of contracts. Accordingly, when disputes arise amongst businesspeople, interpretation of the agreements governing the …
- Posted on: Jun 7 2024
Caveat Emptor, Disclaimer Clauses and Buying Property “As Is”
By: Jeffrey M. Haber When parties negotiate an agreement, the terms of which are clear and unambiguous, their writing will be enforced according to its terms. In the event of …
- Posted on: Jun 5 2024
Fraud Notes: Two Cases and The Examination of Scienter
By: Jeffrey M. Haber To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce …
- Posted on: May 29 2024
In Order to Validly File a Notice of Pendency, the Relief Sought in the Action Must Affect Title to Real Property
By Jonathan H. Freiberger A notice of pendency, also known as lis pendens, is a provisional remedy available to litigants seeking a judgment that affects title to real property. 5303 …
- Posted on: May 24 2024
Vacatur Under the FAA – It Isn’t Easy
By: Jeffrey M. Haber This Blog has posted numerous articles concerning vacatur of an arbitration award under Article 75 of the Civil Practice Law and Rules (“CPLR”). E.g., here, here, …
- Posted on: May 22 2024
The New York Court of Appeals Reminds Litigants That Words in Contracts Have Meaning
By: Jeffrey M. Haber When parties enter into a contract, each assumes that the language in their agreement accurately memorializes their understandings and intentions. For this reason, when a dispute …
- Posted on: May 20 2024
First Department Definitively Holds that an Account Stated Cause of Action is Independent, and Not Duplicative, of a Breach of Contract Cause of Action
By Jonathan H. Freiberger Today’s BLOG article touches on two areas of the law on which we have previously written – account stated1 and duplication.2 “An account stated is an …
- Posted on: May 17 2024
The Former DCL Remains On The Docket
By: Jeffrey M. Haber As readers of this Blog know, on December 6, 2019, the State of New York joined the vast majority of jurisdictions to adopt the Uniform Voidable …
- Posted on: May 15 2024
Enforcement News: More Than 1,500 SEC Filings Affected By Alleged Fraud Perpetrated By Accounting Firm and Its Owner
By: Jeffrey M. Haber On May 3, 2024, the Securities and Exchange Commission (“SEC” or “Commission”) announced (here) that it charged audit firm BF Borgers CPA PC and its owner, …
- Posted on: May 8 2024
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