Posts by Jeffrey Haber:
QUESTIONS OF FACT EXIST AS TO PLAINTIFF’S STANDING TO COMMENCE ACTION WHERE FORM OF COMPANY CHANGED FROM CORPORATION TO LLC
By: Jonathan H. Freiberger This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation.[1] In prior BLOG articles we have explained that …
- Posted on: Sep 20 2024
GBL 349 and 350, Contractual Privity and The Warranty of Merchantability
By: Jeffrey M. Haber In Murray v. Samsung Elecs. Am., Inc., 2024 N.Y. Slip Op. 51257(U) (Sup. Ct. Monroe County Sept. 12, 2024) (here), the court was asked to consider …
- Posted on: Sep 16 2024
The Second Department Reminds Litigants To Follow Requisite Procedures Before Seeking Discovery Sanctions
By Jonathan H. Freiberger Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain …
- Posted on: Sep 13 2024
Enforcement News: SEC Charges Numerous Companies With Violation of The Whistleblower Protection Rule
By: Jeffrey M. Haber “Ensuring that potential whistleblowers can communicate directly with the Commission is a critical part of the SEC’s oversight mandate”[1] On numerous occasions, we have written about …
- Posted on: Sep 11 2024
In Pari Delicto … What Does That Mean?
By: Jeffrey M. Haber In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York …
- Posted on: Sep 9 2024
Issues of Fact Prevent Summary Judgment on Claim of Successor Liability
By: Jeffrey M. Haber In Hydraulic IP Holdings, LLC v. Tan, 2024 N.Y. Slip Op. 32930(U) (Sup. Ct., N.Y. County Aug. 16, 2024 (here), the court was asked to hold …
- Posted on: Aug 26 2024
Court Declines Pre-Action Discovery Due to The Failure to Plead a Fraud Cause of Action
By: Jeffrey M. Haber Often, in the pre-action investigation of a client’s claims, it becomes evident that discovery would materially aid the client in framing his/her complaint or in learning …
- Posted on: Aug 21 2024
Fraudulent Inducement: Materiality, Scienter and Justifiable Reliance
By: Jeffrey M. Haber In DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 N.Y. Slip Op. 04225 (1st Dept. Aug. 15, 2024) (here), the Appellate Division, First Department considered the viability …
- Posted on: Aug 19 2024
You Can’t Put the Cart (Judgment of Foreclosure and Sale) Before the Horse (Summary Judgment)
By: Jonathan H. Freiberger Sometimes this BLOG takes an in-depth look at recently decided cases from New York’s appellate courts; other times it simply reports on cases with an interesting …
- Posted on: Aug 16 2024
Enforcement News: SEC Charges Multi-level Marketing Company and its Principals and Promoters with $650 Million Crypto Fraud
By: Jeffrey Haber A multi-level marketing program is a relative of pyramid scheme. “[A] pyramid scheme is an illegal investment scam based on a hierarchical setup.”[1] In the classic pyramid scheme, “participants attempt …
- Posted on: Aug 14 2024
Copyright ©2022 Freiberger Haber LLP | Disclaimer
Attorney advertisement | Prior results do not guarantee a similar outcome.
425 Broadhollow Road, Suite 416, Melville, NY 11747 | (631) 282-8985
420 Lexington Avenue, Suite 300, New York, NY 10017 | (212) 209-1005
Attorney Website by Omnizant
Attorney advertisement | Prior results do not guarantee a similar outcome.
425 Broadhollow Road, Suite 416, Melville, NY 11747 | (631) 282-8985
420 Lexington Avenue, Suite 300, New York, NY 10017 | (212) 209-1005
Attorney Website by Omnizant