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Freiberger Haber’s Co-Founding Partners Once Again Recognized by Super Lawyers Magazine®
Melville, NY October 28, 2022 – Freiberger Haber LLP is pleased to announce that co-founding partners, Jonathan H. Freiberger and Jeffrey M. Haber, have been named by Super Lawyers magazine …
- Posted on: Oct 28 2022
Court finds Merchant Cash Advance Agreement Not to Be an Instrument for The Payment of Money Only
By: Jeffrey M. Haber In past articles, we have examined a motion under CPLR § 3213 (see, e.g., here, here, here, and here). CPLR § 3213 is a procedural mechanism …
- Posted on: Oct 26 2022
Enforcement News: SEC Files Charges Against A Real Estate Development Firm for Perpetrating A $600 Million Ponzi-like Scheme
By: Jeffrey M. Haber Tasty Minstrel Games LLC (“TMG”) is a company, located in Utah, that produces board games.1 The best-known game released by TMG is Yokohama, a board game …
- Posted on: Oct 24 2022
NEW YORK COURT OF APPEALS REAFFIRMS THAT, WITH RESPECT TO SHIFTING OF RESPONSIBILITY FOR PAYMENT OF ATTORNEY’S FEES, THE AMERICAN RULE RULES
By Jonathan H. Freiberger As discussed previously in this Blog [here], the first question asked by a potential client when consulting about a new litigation matter is “can we sue …
- Posted on: Oct 21 2022
Words Have Meaning
By: Jeffrey Haber In prior articles, we have talked about the importance of saying what you mean in a contract. (E.g., here and here.) When contracts are clear and unambiguous, …
- Posted on: Oct 19 2022
Issues of Fact Prevent Application of The Voluntary Payment Doctrine, Says The First Department
By: Jeffrey M. Haber The voluntary payment doctrine bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of …
- Posted on: Oct 17 2022
SUBCONTRACTOR TO UNLICENSED GENERAL CONTRACTOR NOT PERMITTED TO MAKE CLAIM DIRECTLY AGAINST HOMEOWNER
By Jonathan H. Freiberger Municipalities generally require home improvement contractors to be licensed to perform work. “Where a home improvement contractor is not properly licensed in the municipality where the …
- Posted on: Oct 14 2022
Out-of-pocket Fraud Damages: Proof Required to Determine the Value of Restricted Securities
By: Jeffrey M. Haber Since the early 20th century, a plaintiff alleging fraud in New York can recover only the actual pecuniary loss sustained as a result of a misrepresentation …
- Posted on: Oct 11 2022
SPOLIATION OF EVIDENCE
By Jonathan H. Freiberger Section 3101 of the CPLR provides that, in general, “there should be full disclosure of all matter material and necessary in the prosecution or defense of …
- Posted on: Oct 7 2022
Omissions Save Fraud-Based Counterclaims From Dismissal
By: Jeffrey M. Haber In past articles, we have noted the importance of identifying the statements claimed to be false and misleading. In this regard, we talked about the need …
- Posted on: Oct 3 2022
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425 Broadhollow Road, Suite 416, Melville, NY 11747 | (631) 282-8985
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Attorney Website by Omnizant