The Former DCL Remains On The Docket
- May 15 2024
By: Jeffrey M. Haber As readers of this Blog know, on December 6, 2019, the State of New York joined the vast majority of jurisdictions to adopt the Uniform Voidable …
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First Department Reinforces Rule That Written Agreements Are To Be Construed In Accordance With The Parties’ Intent, The Best Evidence Of Which Is What They Say In Their Writing
- May 13 2024
By: Jeffrey M. Haber In Cline v. Grodin, 2024 N.Y. Slip Op. 02586 (1st Dept. May 9, 2024) (here), the Appellate Division, First Department was asked to consider whether an …
Enforcement News: More Than 1,500 SEC Filings Affected By Alleged Fraud Perpetrated By Accounting Firm and Its Owner
- May 8 2024
By: Jeffrey M. Haber On May 3, 2024, the Securities and Exchange Commission (“SEC” or “Commission”) announced (here) that it charged audit firm BF Borgers CPA PC and its owner, …
Failure to Identify a Statement Claimed to Be False and Text Messages as Documentary Evidence
- May 6 2024
By: Jeffrey M. Haber In Nosegbe v. Charles, 2024 N.Y. Slip Op. 02406 (4th Dept. May 3, 2024) (here), the Appellate Division, Fourth Department affirmed the dismissal of a fraud …
Personal Jurisdiction and the Vacatur of Defaults
- May 3 2024
By Jonathan H. Freiberger There are two “components and constitutional predicates of personal jurisdiction.” Keane v. Kamin, 94 N.Y.2d 263, 265 (1999). “One component involves service of process, which implicates …
Enforcement News: SEC Enforces Violations of Amended Marketing Rule Against Five Investment Advisors
- May 1 2024
By: Jeffrey M. Haber On December 22, 2020, the Securities and Exchange Commission (the “SEC” or the “Commission”) adopted significant amendments to Rule 206(4)-1 promulgated under the Investment Advisers Act …
Statute of Limitations for Fraud Claims and Conclusory vs. Particularized Allegations
- Apr 29 2024
By: Jeffrey M. Haber In Lane’s Floor Coverings & Interiors, Inc. v. DiLalla, 2024 N.Y. Slip Op. 02257 (1st Dept. Apr. 25, 2024) (here), the Appellate Division, First Department considered …
Foreclosure Complaint Dismissed as Time-Barred Because Service Was “Completed” 5 Days After Six-Month Extension Afforded by the New CPLR 205-a
- Apr 26 2024
By Jonathan H. Freiberger In situations where the statute of limitations expires during the pendency of an action, under certain circumstances, CPLR 205(a)1 permits the plaintiff to commence a new …
New York Court of Appeals Holds That The Doctrine of Successor Jurisdiction Applies In a Transaction That Is Less Than a Merger
- Apr 22 2024
By: Jeffrey M. Haber The doctrine of successor jurisdiction provides that when two entities merge, the successor entity inherits the merged entity’s jurisdictional status for purposes of specific jurisdiction (i.e., …
Standing in Residential Mortgage Foreclosure Actions and the Applicability of RPAPL 1302-a to Defaulting Borrower
- Apr 19 2024
By Jonathan H. Freiberger In order to prosecute a lawsuit, the plaintiff must have standing to do so. “Standing involves a determination of whether the party seeking relief has a …
