Posts by admin:
Negligent Misrepresentation, Fraud and the PPP Loan That Wasn’t
By: Jeffrey M. Haber Negligent misrepresentation and fraudulent inducement are, to some extent, cut from the same cloth. Both causes of action involve false statements. Often, though not always, the …
- Posted on: Oct 16 2023
Second Department Clarifies Law on the Validity of Service of Process When The Defendant Fails to Update Address With the DMV as Required By Law and is Served at the Outdated Address
By Jonathan H. Freiberger As previously noted in this Blog, there are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component …
- Posted on: Oct 13 2023
Amended Complaints, New Defendants and the Relation-Back Doctrine
By: Jeffrey M. Haber “A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that …
- Posted on: Oct 11 2023
Summons the Summons – Or Else
By Jonathan H. Freiberger This Blog frequently addresses complex substantive and procedural issues. Today, however, we return to basics. In New York, an “action is commenced by the filing of …
- Posted on: Oct 6 2023
Failure To Read Relevant Documents Prevents Claim Of Justifiable Reliance
By: Jeffrey M. Haber As readers of this Blog know, one of the elements of a fraudulent inducement claim is “justifiable reliance.” The New York Court of Appeals has emphasized …
- Posted on: Oct 4 2023
Enforcement News: SEC Charges Investment Advisor With Violating Whistleblower Protection Rule
By: Jeffrey M. Haber We have often written about the SEC’s whistleblower program and, in particular, the success of the program with respect to detecting and preventing violations of the …
- Posted on: Oct 2 2023
Dismissal of Complaint With Prejudice Due To Violation of BCL § 1312 Modified To Allow Unregistered Foreign Corporation To Register With The State
By: Jeffrey M. Haber In New York, foreign entities – that is, corporations, limited liability companies and partnerships authorized to do business in another jurisdiction or country – are required …
- Posted on: Sep 29 2023
Dispute Involving Mostly Israeli Residents Dismissed on Forum Non-Conveniens Grounds
By: Jeffrey M. Haber “The doctrine of forum non conveniens permits a US court to decline to exercise its judicial jurisdiction if the court would be a seriously inconvenient forum …
- Posted on: Sep 27 2023
It’s Settled!! The Second Department Holds that Length Does Matter
By Jonathan H. Freiberger Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff …
- Posted on: Sep 22 2023
Statutory Construction: Should A New Statute Be Applied Retroactively or Prospectively?
By: Jeffrey M. Haber A question about the application of law sometimes arises when a statute is amended, or the Legislature enacts a new statute that governs a particular issue. …
- Posted on: Sep 20 2023
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