About: Lilianna Atoian

Posts by Lilianna Atoian:

As a Matter of Equity, Hearing Court/Referee was Required to Calculate the Amounts Due in Mortgage Foreclosure Action

By Jonathan H. Freiberger This Blog frequently writes on numerous issues related to mortgage foreclosure. One aspect of a foreclosure action is the calculation of the amounts due to the …

Posted on: Mar 29 2024
By: Lilianna Atoian

The Second Department, Pursuant to CPLR 306-b, Extends Time For Plaintiff to Serve Defendant After Lengthy Delay and Expiration of Statute of Limitations

By Jonathan H. Freiberger Actions or proceedings (collectively, “Actions”) are commenced by filing the initiatory papers with the appropriate county clerk. CPLR 304(a).1 Once the Action is commenced, the plaintiff …

Posted on: Mar 18 2024
By: Lilianna Atoian

Publicly Available Information, Justifiable Reliance and The Caveat Emptor Doctrine

By: Jeffrey M. Haber The common law doctrine of caveat emptor is a well-accepted rule of law in New York. Under the doctrine, the courts will not impose liability on …

Posted on: Mar 14 2024
By: Lilianna Atoian

Court Rejects Attempt to Modify and Vacate Arbitration Award

By: Jeffrey M. Haber In New York, Article 75 of the Civil Practice Law and Rules (“CPLR”) governs the confirmation, vacatur, modification, and enforcement of arbitration awards. Under CPLR 7511(b)(1)(iii), …

Posted on: Mar 13 2024
By: Lilianna Atoian

Collective Alter Ego Liability Theory Rejected By First Department

By: Jeffrey M. Haber In commercial and business litigation, it is common for plaintiffs to assert claims against a business entity for wrongs committed by a corporate entity. Often, plaintiffs …

Posted on: Mar 11 2024
By: Lilianna Atoian

SECOND DEPARTMENT FINDS LOAN IS NOT SUBJECT TO USURY LAWS BECAUSE PRINCIPAL VALUE EXCEEDS $2,500,000

By Jonathan H. Freiberger Folks have general notions about usury. However, there are many nuances to the application of the usury laws in New York. This BLOG has previously written …

Posted on: Mar 8 2024
By: Lilianna Atoian