By: Jonathan H. Freiberger Today’s article revisits statute of limitations issues and FAPA[1] in residential mortgage foreclosure actions[2]. Briefly stated, a mortgage foreclosure action is governed by a six-year statute …
By: Jeffrey M. Haber On April 16, 2025, the Securities and Exchange Commission (“SEC” or Commission”) announced (here) that its Office of Investor Education and Advocacy (“OIEA”) had unveiled an anti-fraud …
By: Jeffrey M. Haber It has long been the law that the business judgment rule applies to the decisions made by boards of directors of residential cooperatives and condominiums.[1] “The …
By: Jonathan H. Freiberger Today’s article addresses a property owner’s right to cancel a recorded mortgage pursuant to RPAPL 1501(4)[1] and whether a mortgagee is “is entitled to recover sums …
By: Jeffrey M. Haber On July 8, 2019, this Blog wrote an article titled, “First Department Unanimously Affirms Denial of Motion to Compel Arbitration and Motion to Dismiss Fraud Claims” …
By: Jeffrey M. Haber On April 3, 2025, the Appellate Division, First Department considered an appeal of the dismissal of a complaint involving the disputed authenticity of a painting (the …
By: Jonathan H. Freiberger The term “venue” in the context of litigation refers to the location where the trial will take place.[1] In general, and as previously described in prior …
By: Jeffrey M. Haber In Idi v. Sela, 2025 N.Y. Slip Op. 01890 (1st Dept. Apr. 1, 2025) (here), the Appellate Division, First Department addressed an issue of contract interpretation …
By: Jeffrey M. Haber Arbitration is an alternative to a court proceeding. It is an adversarial proceeding in which the parties can call witnesses and present evidence to a neutral …
By: Jonathan H. Freiberger There are certain categories of individuals and entities that are required to be named as defendants in mortgage foreclosure actions[1] and the failure to name such …
