Posts by admin:
Deacceleration Letters Under The Foreclosure Abuse Prevention Act
By Jonathan H. Freiberger This BLOG has written numerous times on statutes of limitation issues in mortgage foreclosure actions. See, e.g., [here], [here], [here], [here], [here], [here], [here] and [here]. …
- Posted on: Feb 12 2024
Enforcement News: SEC Settles Accounting Fraud Charges with Chinese Company and Declines to Impose Civil Penalties Because of the Company’s Self-Reporting, Cooperation and Remediation
By: Jeffrey M. Haber Self-reporting violations of the federal securities laws is an important part of the Securities and Exchange Commission’s enforcement regimen. For decades, the SEC has credited cooperative …
- Posted on: Feb 8 2024
Voluntary Discontinuance Pursuant to CPLR 3217
By Jonathan H. Freiberger For a variety of reasons, a party asserting a claim may choose to discontinue same. In such circumstances, CPLR 3217, provides the mechanism to do so. …
- Posted on: Feb 2 2024
Veil Piercing and Fraudulent Transfers Under the (New) DCL
By: Jeffrey M. Haber In 245 E. 19 Realty LLC v. 245 E. 19th St. Parking LLC, 2024 N.Y. Slip Op. 00368 (1st Dept. Jan. 30, 2024) (here), the Appellate Division, …
- Posted on: Jan 31 2024
First Department Affirms the Denial of Pre-Action Disclosure
By: Jeffrey M. Haber In prior articles, this Blog examined CPLR § 3102, the statutory provision that permits pre-action disclosure. See here and here. We do so again in connection …
- Posted on: Jan 29 2024
First Department Holds That a Business-Entity Owner of Residential Property Can Avail Itself of the Protections of the New York City Home Improvement Contractor’s License Requirement
By Jonathan H. Freiberger In order to protect homeowners, home improvement contractors are frequently required by municipalities to be licensed. Unlicensed home improvement contractors are precluded from collecting payments due …
- Posted on: Jan 26 2024
Breach of Contract Claim Dressed Up in The Garb of a Fraud Cause of Action
By: Jeffrey M. Haber As readers of this Blog know, we have written about the duplication doctrine on numerous occasions. E.g., here, here, and here. Courts apply the doctrine when …
- Posted on: Jan 24 2024
Enforcement News: The Importance of Supervision, Documentation and Due Care
By: Jeffrey M. Haber The objective of an auditor is to supervise the audit engagement, including supervising the work of engagement team members so that the work is performed as …
- Posted on: Jan 22 2024
First Department Awards Prejudgment Interest on Escrowed Downpayment Returned to Buyer as Liquidated Damages Upon Seller’s Breach of Real Estate Contract
By Jonathan H. Freiberger Today’s BLOG article addresses the circumstances pursuant to which the buyer under a real estate sales contract is entitled to prejudgment statutory interest pursuant to CPLR …
- Posted on: Jan 19 2024
Enforcement News: SEC Settles Action Against Dual-Registered Investment Adviser/Broker-Dealer for Violating Whistleblower Protection Rule
By: Jeffrey M. Haber The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), enacted on July 21, 2010, amended the Securities Exchange Act by adding Section 21F-17, “Whistleblower …
- Posted on: Jan 17 2024
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