Posts by Jeffrey Haber:
Breach of Contract and Judicial Dissolution of Partnerships
By: Jeffrey M. Haber Today, we examine familiar principles of contract interpretation, as well as the requirements for judicial dissolution of a partnership. The Rules of Contract Interpretation It is …
- Posted on: Nov 5 2025
Voidable Transfer Under the New Debtor and Creditor Law
By: Jeffrey M. Haber In 2019, New York enacted the Uniform Voidable Transactions Act, which repealed and replaced certain provisions of the Debtor and Creditor Law (“DCL”) relating to fraudulent conveyances,[1] …
- Posted on: Nov 3 2025
Written Agreements That are Clear and Unambiguous Must Be Enforced According To The Plain Meaning of Their Terms
By: Jeffrey M. Haber In New York, when interpreting a contract, the words of the writing must be accorded their fair and reasonable meaning, aiming for a practical interpretation that realizes …
- Posted on: Oct 29 2025
The Right to Seek Dissolution by The Estate of a Deceased Member
By: Jeffrey M. Haber Under New York’s Limited Liability Company Law (“LLCL”) § 702, a court “may decree dissolution of a limited liability company whenever it is not reasonably practicable to …
- Posted on: Oct 27 2025
Court of Appeals Held that “Good Guy Guarantor” Finished First
By: Jonathan H. Freiberger Today’s article addresses 1995 Cam LLC v. West Side Advisors, LLC, a case decided on October 21, 2025, by the New York Court of Appeals. In …
- Posted on: Oct 24 2025
Court Finds Settlement Offer Memorialized and Subscribed in Email Sufficient to Constitute an Enforceable Agreement
By: Jeffrey M. Haber In Kellinger v. Fox Media LLC, 2025 N.Y. Slip Op. 33835(U) (Sup. Ct., N.Y. County Oct. 8, 2025) (here), the New York Supreme Court granted a motion …
- Posted on: Oct 22 2025
Failure To Exercise Reasonable Diligence in Real Estate Transaction Undermines Allegation of Justifiable Reliance
By: Jeffrey M. Haber As readers of this Blog know, a “cause of action to recover damages for fraudulent misrepresentation requires a misrepresentation or a material omission of fact which was …
- Posted on: Oct 20 2025
CPLR 2004 Extensions, the 90-Day Foreclosure Sale Rule and the Tolling of Interest Accruals
By: Jonathan H. Freiberger Today’s article addresses M & T Bank v. Givens, a case decided on October 15, 2025, by the Appellate Division, Second Department. Givens addresses three issues …
- Posted on: Oct 17 2025
Court Compels Production of Joint Defense Agreement As Not Protected By Privilege
By: Jeffrey M. Haber On numerous occasions, this Blog has examined the attorney-client privilege, the common interest doctrine, and the attorney work product doctrine.[1] Today, we take another opportunity to …
- Posted on: Oct 15 2025
In an Apparent Case of First Impression, First Department Holds That a Board of Directors Cannot Be Sued as a Collective Entity
By: Jeffrey M. Haber Today, we consider Tahari v. 860 Fifth Ave. Corp., 2025 N.Y. Slip Op. 05584 (1st Dept. Oct. 9, 2025) (here), an apparent case of first impression in …
- Posted on: Oct 13 2025
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