By Jonathan H. Freiberger Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance …
In Stagen v. Neu, 2023 N.Y. Slip Op. 06105 (1st Dept. Nov. 28, 2023) (here), the Appellate Division, First Department addressed an issue of contract interpretation involving a word in …
By: Jeffrey M. Haber As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud …
By: Jeffrey M. Haber In July of this year, we wrote about a fraud action involving the EB-5 Immigrant Investor Program (“EB-5 Program” or “Program”) (here). Under the EB-5 Program, investors …
By: Jeffrey M. Haber In Barlow v. Skroupa, 2023 N.Y. Slip Op. 05786 (1st Dept. Nov. 16, 2023) (here), the Appellate Division, First Department affirmed the dismissal of a fraud …
By Jonathan H. Freiberger Today’s Blog article is about usury, a topic that has previously been covered. See, e.g., [here], [here], [here], [here]. Society’s disdain for usury was recently articulated …
By: Jeffrey M. Haber Document discovery is an integral part of any litigation. Documents form the foundation of discovery plans and strategies, and, more significantly, proof at trial. Consequently, litigants …
By: Jeffrey M. Haber It is well-settled that a corporation (or limited liability company) acts through its officers, directors and owners. As a result, these individuals are normally not liable …
By: Jeffrey M. Haber Under the Private Securities Litigation Reform Act of 1995 (“PSLRA), a mandatory stay of discovery is imposed “[i]n any private action arising under” the Securities Act …
By Jonathan H. Freiberger This Blog has written numerous articles about RPAPL 1304. See, e.g., [here], [here], [here], [here], [here] and [here] and the Blog articles linked to therein. By …
