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Failure to Identify a Statement Claimed to Be False and Text Messages as Documentary Evidence

By: Jeffrey M. Haber In Nosegbe v. Charles, 2024 N.Y. Slip Op. 02406 (4th Dept. May 3, 2024) (here), the Appellate Division, Fourth Department affirmed the dismissal of a fraud …

Posted on: May 6 2024
By: admin

Personal Jurisdiction and the Vacatur of Defaults

By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates …

Posted on: May 3 2024
By: admin

Enforcement News: SEC Enforces Violations of Amended Marketing Rule Against Five Investment Advisors

By: Jeffrey M. Haber On December 22, 2020, the Securities and Exchange Commission (the “SEC” or the “Commission”) adopted significant amendments to Rule 206(4)-1 promulgated under the Investment Advisers Act …

Posted on: May 1 2024
By: admin

Foreclosure Complaint Dismissed as Time-Barred Because Service Was “Completed” 5 Days After Six-Month Extension Afforded by the New CPLR 205-a

By Jonathan H. Freiberger In situations where the statute of limitations expires during the pendency of an action, under certain circumstances, CPLR 205(a)1 permits the plaintiff to commence a new …

Posted on: Apr 26 2024
By: admin

New York Court of Appeals Holds That The Doctrine of Successor Jurisdiction Applies In a Transaction That Is Less Than a Merger

By: Jeffrey M. Haber The doctrine of successor jurisdiction provides that when two entities merge, the successor entity inherits the merged entity’s jurisdictional status for purposes of specific jurisdiction (i.e., …

Posted on: Apr 22 2024
By: admin

Standing in Residential Mortgage Foreclosure Actions and the Applicability of RPAPL 1302-a to Defaulting Borrower

By Jonathan H. Freiberger In order to prosecute a lawsuit, the plaintiff must have standing to do so. “Standing involves a determination of whether the party seeking relief has a …

Posted on: Apr 19 2024
By: admin

Breach of Contract Claim Sustained Where Plaintiff Offered a Facially Reasonable Reading of The Contract

By: Jeffrey M. Haber The foundation of virtually every business and commercial transaction is a contract. It is difficult to imagine a transaction for the purchase or sale of goods, the …

Posted on: Apr 15 2024
By: admin

New York City Sparkies Beware – Be Licensed or be Square

By Jonathan H. Freiberger This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. …

Posted on: Apr 12 2024
By: admin

Enforcement News: SEC Underscores Importance of Compliance With Recordkeeping Rules

By: Jeffrey M. Haber The federal securities laws impose recordkeeping requirements on registered investment advisers to ensure that they responsibly discharge their roles in the nation’s markets. The Securities and …

Posted on: Apr 10 2024
By: admin

Can an Accountant Hired to Perform “Compilation Services” be Shielded from Liability for the Alleged Improper Activities of a Corporate Officer?

By Jeffery Haber There are four primary levels of services provided by an accountant with respect to an entity’s financial statements: preparation, compilation, review, and audit. A preparation engagement is …

Posted on: Apr 8 2024
By: admin

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