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The Doctrine of Corporation by Estoppel

By Jonathan H. Freiberger Whether a non-existent corporation can enter into a contract is an interesting question. The interesting answer is that sometimes it can. Pursuant to BCL § 403, …

Posted on: Apr 5 2024
By: admin

Attorneys May Be Awarded Fees When Contractually Required

By: Jeffrey M. Haber Attorneys are often asked by their clients if they can sue for attorney’s fees. Whether attorney’s fees may be recovered in litigation depends on the circumstances. …

Posted on: Apr 1 2024
By: admin

The Assignment of Litigation Rights and Champerty

By: Jeffrey M. Haber It is not often that we examine a case involving the doctrine of champerty. The last time we did so was on March 8, 2023 (here). …

Posted on: Mar 27 2024
By: admin

Enforcement News: SEC Files Complaint in Connection with a $300 Million Ponzi Scheme and Affinity Fraud

By: Jeffrey M. Haber On many occasions, we have written about Ponzi schemes that have been the subject of enforcement actions brought by, and/or settlements with, the Securities and Exchange …

Posted on: Mar 25 2024
By: admin

The Court of Appeals Makes a Ruling on “the Proper Scope of the Trial Court’s Discretion to Grant Leave to Amend a Complaint Under CPLR 3025(b)”

By Jonathan H. Freiberger On March 19, 2024, the Court of Appeals decided Favourite Limited v. Cico, a case concerning “the proper scope of the trial court’s discretion to grant …

Posted on: Mar 22 2024
By: admin

The Duplication Doctrine and Another Dismissal of a Fraud Claim

By: Jeffrey M. Haber As we have often explained in the articles in which we have examined the duplication doctrine, fraud claims that are nothing more than contract claims dressed up …

Posted on: Mar 20 2024
By: admin

First Department Reminds Practitioners that “proofreading is an essential, indispensable tool in the drafting of contracts”

By: Jeffrey M. Haber It should go without saying that people make mistakes. After all, people are human, and humans make mistakes. When people draft a document, especially a lengthy …

Posted on: Mar 6 2024
By: admin

The Second Department Addresses Statutes of Limitation Issues in Mortgage Foreclosure Actions in Light of FAPA

By Jonathan H. Freiberger This BLOG has written numerous times on issues related to statutes of limitation in mortgage foreclosure actions. See, e.g., [here], [here], [here], [here], [here], [here], [here], …

Posted on: Feb 23 2024
By: admin

Second Department Finds that Requesting Foreclosure Settlement Conference Satisfies Requirement for “Taking Proceedings” Under CPLR 3215(c)

By Jonathan H. Freiberger Today we revisit CPLR 3215(c), a provision addressed several times by this Blog. See, e.g., [here], [here], [here], [here], [here] and [here]. By way of brief …

Posted on: Feb 16 2024
By: admin

Information and Belief Allegations Do Not Suffice to State a Claim for Fraud

By: Jeffrey M. Haber In Rosenberg v. OSG, LLC, 2024 N.Y. Slip Op. 00691 (1st Dept. Feb. 8, 2024) (here), the Appellate Division, First Department underscored the insufficiency of pleading …

Posted on: Feb 12 2024
By: admin

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