Posts by Jeffrey Haber:
Plaintiff Pleads Scheme to Defraud Sufficient to Put Defendants on Notice of the Conduct of Which They are Accused, But Nevertheless Fails to Plead The Elements of Fraud with Particularity
By: Jeffrey M. Haber In CJS Indus. Inc. v. Dolce, 2025 N.Y. Slip Op. 05037 (1st Dept. Sept. 23, 2025 (here), plaintiff sued RS Custom Woodworking and its representatives for fraud …
- Posted on: Sep 28 2025
Court Decides Gateway Issue of Arbitrability
By: Jeffrey M. Haber Under the Federal Arbitration Act (“FAA”) and Article 75 of New York’s Civil Practice Law and Rules (“CPLR”), an action should be dismissed or stayed, and the …
- Posted on: Sep 24 2025
Court Holds Investment Banking Services Engagement Letter is Not “an Instrument for The Payment of Money Only”
By: Jeffrey M. Haber In Jefferies LLC v. Blaize Holdings, Inc., 2025 N.Y. Slip Op. 33272(U) (Sup. Ct., N.Y. County Sept. 3, 2025 (here), the New York Supreme Court held that …
- Posted on: Sep 22 2025
Timing is Everything – CPLR 205(a), CPLR 205-A and FAPA
By: Jonathan H. Freiberger Today’s article is about Nuruzzaman v. Deutsche Bank Natl. Trust Co., an action that involves numerous areas of the law about which we frequently write — …
- Posted on: Sep 19 2025
Breach of Fiduciary Claim Dismissed on Pleading and Statute of Limitations Grounds
By: Jeffrey M. Haber In Celauro v. Celauro, 2025 N.Y. Slip Op. 04870 (Sept. 10, 2025) (here), a minority shareholder of a family-owned business alleged that company executives operated an illicit …
- Posted on: Sep 17 2025
Business Dispute Between Sisters Dismissed on Statute of Limitations Grounds
By: Jeffrey M. Haber In New York, as in most jurisdictions, statutes of limitation serve as a cutoff point for initiating legal action. These statutes define the time frame within which …
- Posted on: Sep 15 2025
Primer – Personal Jurisdiction and Service of Process
By: Jonathan H. Freiberger Obtaining personal jurisdiction[1] over a defendant is a critical aspect of litigation. There are two components of personal jurisdiction, which the New York Court of Appeals …
- Posted on: Sep 12 2025
Settlement Term Sheet Constitutes Instrument for the Payment of Money Only
By: Jeffrey M. Haber Pursuant to CPLR 3213, a plaintiff may commence an action “based upon an instrument for the payment of money only or upon any judgment” by filing …
- Posted on: Sep 10 2025
Enforcement News: Affinity Fraud and Ponzi Schemes in the News Again
By: Jeffrey M. Haber Ponzi schemes and affinity fraud frequently overlap because both exploit trust and social interactions to operate effectively.[1] A Ponzi scheme relies on a continuous stream of new …
- Posted on: Sep 8 2025
Consequential Damages: Are They Foreseeable?
By: Jeffrey M. Haber In BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 N.Y. Slip Op 32881(U) (Sup. Ct., N.Y. County July 25, 2025) (here), BLDG 44 Developers LLC …
- Posted on: Aug 27 2025
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