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First Department Grants Extension of Time to Serve Summons and Complaint on a Mechanic’s Lien Discharge Bond Surety Under CPLR 306
By Jonathan H. Freiberger Today’s Blog relates to extensions of time to serve a defendant under CPLR 306-b, a topic previously addressed by this Blog [HERE], [HERE] and [HERE]. The …
- Posted on: Jan 12 2024
The Special Facts Doctrine and Loss Causation
By: Jeffrey M. Haber In many of the fraud cases that we examine, the plaintiff alleges that the defendant made an affirmative misrepresentation of fact upon which he/she relied. As we …
- Posted on: Jan 10 2024
Enforcement News: Two Sets of Books, Concealment and Accounting Fraud
By: Jeffrey M. Haber Invoice fraud is a type of accounting fraud. Invoice fraud comes in many forms. For example, bill padding is a type of invoice fraud. In this type …
- Posted on: Jan 2 2024
Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too Indefinite To Enforce
By Jonathan H. Freiberger This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding …
- Posted on: Dec 29 2023
Settlement Agreement Found To Be an Instrument for The Payment of Money Only Sufficient to Grant Summary Judgment In Lieu of Complaint
By: Jeffrey M. Haber In past articles, we have examined a motion under CPLR § 3213 (see, e.g., here, here, here, here, and here). CPLR § 3213 is a procedural …
- Posted on: Dec 27 2023
Appellate Division, First Department, Holds That The Foreclosure Abuse Prevention Act Is To Be Applied Retroactively
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] and [here]. Briefly …
- Posted on: Dec 22 2023
Fraudulent Inducement: Settlement Agreements, Releases, and No Reliance Clauses
By: Jeffrey M. Haber In Columbia Consultants, LLC v. Danucht Entertainment, LLC, 2023 N.Y. Slip Op. 06439 (1st Dept. Dec. 14, 2023) (here), the Appellate Division, First Department addressed the …
- Posted on: Dec 18 2023
The First Department Sanctions a Hefty Sanction and Holds that Voluntary Discontinuance of Action Does Not Divest the Court of Jurisdiction to Award Sanctions Against Plaintiff for Refusing to Execute a Stipulation Granting All Relief Sought By Its Order to Show Cause
By Jonathan H. Freiberger A court can award sanctions to any party or attorney in any civil action or proceeding before the court, except where prohibited by law, costs in …
- Posted on: Dec 15 2023
Pleading With Particularity: Defamation Causes of Action
By: Jeffrey M. Haber As readers of this Blog know, we often write about the pleading requirements under the Civil Practice Law and Rules (“CPLR”). In that regard, many of …
- Posted on: Dec 13 2023
The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action
By Jonathan H. Freiberger Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. …
- Posted on: Dec 8 2023
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