Wills, Promises to Perform, Representations to Third Parties and Loss Causation
- Dec 8 2021
By: Jeffrey M. Haber As readers of this Blog know, one of the elements of a fraud claim is reliance. In the typical case, the defendant makes a false or …
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Disclaimers and Justifiable Reliance – What a Pair!
- Dec 6 2021
By Jeffrey M. Haber As readers of this Blog know, to recover damages for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false …
Great News For Attorneys and Lenders: Second Department Awards Foreclosure Counsel $71,451.11 in Attorney’s Fees — EVERYTHING Counsel Requested
- Dec 3 2021
By Jonathan H. Freiberger A major concern raised by potential clients when deciding whether to commence litigation is whether they are entitled to recoup their legal fees if they prevail. …
New York’s Highest Court Rules That Disgorgement Payment is Not A Penalty For Purposes of Insurance Coverage
- Dec 1 2021
By: Jeffrey M. Haber On June 5, 2017, the U.S. Supreme Court held that claims for disgorgement imposed as a sanction for violation of the federal securities laws must be …
FINRA Expungement
- Nov 24 2021
By: Jeffrey M. Haber What is Expungement and When is It Granted? Expungement is the process by which a brokerage firm or registered representative seeks to remove an adverse disclosure …
Absence of the “Who”, “What”, “When” and “How” of An Alleged Fraud Warrants Dismissal of the Claim
- Nov 22 2021
By: Jeffrey M. Haber In past articles, we have discussed the necessity of pleading the “who”, “what”, “when” and “how” of an alleged fraud. See, e.g., here. In many respects, …
Revive a Time-Barred Claim in a Mortgage Foreclosure Action Using § 17-105(1) of New York’s General Obligation Law
- Nov 19 2021
By Jonathan H. Freiberger In this Blog’s article entitled: “Revive a Time-Barred Claim Using § 17-101 of New York’s General Obligations Law,” we discussed the general purpose of statutes of …
Contracts That Say What They Mean, Mean What They Say Redux
- Nov 17 2021
By: Jeffrey M. Haber Earlier this month, we wrote about how courts enforce contracts that are clear and unambiguous. The title of the article, “Contracts That Say What They Mean, …
Fourth Department Rejects Violation of Public Policy and Manifest Disregard of the Law as Bases To Vacate Arbitral Award
- Nov 15 2021
By: Jeffrey M. Haber Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral, private person will resolve any legal disputes between them, instead …
Two Cases, Same Result: Second Department Sustains Borrowers’ Defenses of Failure to Comply With the Notice Requirements of RPAPL 1304 Due to Lenders’ Evidentiary Failures
- Nov 12 2021
By Jonathan H. Freiberger This Blog frequently writes about decisions related to residential mortgage foreclosure actions. [Here and the articles hyperlinked therein.] One frequent topic that is always ripe for …
